Terms & Conditions
Last Updated: February 28, 2024
This Terms of Use Agreement ("the Agreement") establishes a legally binding contract between ClearCut Work, a sole proprietor organized under the laws of Hungary ("ClearCut"), and the client, whether an individual or representing an entity ("the Client"), regarding the access and utilization of the ClearCut website: www.clearcut.work ("the Website"), as well as any associated media forms, channels, mobile websites, or mobile applications. Failure to agree to and comply with all the terms, conditions, and obligations outlined herein will result in the explicit prohibition of the Client's use of the Website. In such an event, the Client is hereby instructed to cease all usage immediately. Subsequently, the relationship between the Client and ClearCut will terminate and cease to have any further effect between the parties. However, it is acknowledged that any existing obligation of the Client to compensate ClearCut for services rendered shall persist and remain an ongoing commitment owed by the Client to ClearCut.
Intellectual Property Rights
The Website, along with all its constituent elements including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as the "Content"), as well as the trademarks, service marks, and logos (referred to as the "Marks"), are the exclusive property of ClearCut. These assets are safeguarded by copyright and trademark laws, along with any other relevant intellectual property legislation in Hungary, foreign jurisdictions, and international conventions.
The Content and Marks are made available on the Website "As-Is" for the personal use and information of users. Except as explicitly provided herein, no part of the Website or its Content may be reproduced, copied, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without the express prior written permission of ClearCut. ClearCut reserves all rights pertaining to the Website, its Content, and Marks.
Ownership of Materials
Despite ClearCut's ownership of Submissions, as outlined in Paragraph 6 ("Client Feedback"), all design and original source files generated on behalf of the Client ("Projects") shall belong solely to the Client. The Client shall retain full copyright ownership of all Projects. In the event that any legal circumstance would result in ClearCut owning a Project, either in part or in whole, instead of the Client, ClearCut hereby irrevocably and perpetually assigns its complete interest in the Project to the Client, without any limitations. The Client affirms that any materials provided to ClearCut as examples or for incorporation into a project during the design process are owned by the Client and do not infringe upon or misappropriate any third party's rights, including, but not limited to, all intellectual property rights and any rights of publicity. ClearCut reserves the right to publicly showcase the Client's design work (via social media, website, etc.) unless otherwise agreed upon, as stated in section 17 of this document.
Third-Party Creative Assets
In the event that any Project incorporates creative assets, such as fonts, artworks, photography, or any other intellectual property that is not owned by ClearCut and requires a commercial license for Client to legally reproduce, distribute, or publicly display the Project ("Third-Party Assets"), ClearCut will notify the Client in writing. ClearCut will specify that one or more Third-Party Assets have been incorporated into the Project and that the Client will need to acquire one or more licenses for these assets from the rights-holder(s) in order to proceed legally. This notice will include sufficient information for the Client to identify which licenses are necessary and how to obtain them.
As long as ClearCut has duly informed the Client of the incorporation of Third-Party Assets as described above, the Client assumes full responsibility for any consequences arising from a failure to acquire the necessary licenses for any Third-Party Assets incorporated into the Project.
User Representations
By using the Website, the Client hereby represents and warrants the following:
The Client possesses the legal capacity and agrees to comply with the Terms of Use outlined herein.
The Client is not considered a minor in their jurisdiction of domicile.
The Client will refrain from accessing the Website through automated or non-human means.
The Client will not utilize the Website for any illegal or unauthorized purposes.
The Client's use of the Website will not infringe upon any applicable laws or regulations.
Prohibited Activities
ClearCut strictly prohibits the Client from engaging in any activities on the Website other than those expressly permitted. The Website is intended solely for the purpose for which it is made available to the Client. Additionally, the Client must refrain from the following actions:
Making any unauthorized use of the Website.
Retrieving data or content for the purpose of creating or compiling a database or directory.
Circumventing, disabling, or otherwise interfering with security-related features on the Website.
Engaging in unauthorized framing or linking of the Website.
Attempting to trick, defraud, or mislead ClearCut or other users.
Interfering with, disrupting, or creating an undue burden on the Website or ClearCut’s networks or servers.
Using the Website in an effort to compete with ClearCut.
Deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising the Website.
Bypassing any measures on the Website designed to prevent or restrict access to it.
Harassing, annoying, intimidating, or threatening any of ClearCut’s employees, independent contractors, or agents providing services through the Website.
Deleting the copyright or other rights notice from any Content.
Copying or adapting the Website’s software.
Uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other material that interferes with any party’s use of the Website.
Uploading or transmitting, or attempting to do so, any material that acts as a passive or active information collection or transmission mechanism.
Disparaging, tarnishing, or otherwise harming ClearCut.
Using the Website in a manner inconsistent with any applicable laws, statutes, or regulations.
Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of ClearCut. ClearCut is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. ClearCut shall be the sole and exclusive owner of all rights related to the Submission, except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”). ClearCut retains the right, at its sole and unrestricted discretion, to use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation to the Client. By submitting feedback, Client confirms that it has the right to articulate and provide the Submission, and hereby waives all claims and recourse against ClearCut for its use of the Submission in accordance with the terms herein and in its sole discretion hereafter.
Management and Oversight
ClearCut reserves the essential right to vigilantly monitor the Website to ensure compliance with these Terms of Use. In the event of any breach of these terms or any applicable laws, statutes, or regulations, ClearCut retains the prerogative to take suitable legal action. Additionally, ClearCut maintains the authority to limit or revoke access to the Website or terminate the Client’s usage thereof. These determinations shall be made at the sole discretion of ClearCut, without obligation to provide prior notice or assume liability toward the Client.
Privacy Policy
By utilizing the Website, the Client consents to adhere to and be bound by the Privacy Policy, along with the specific terms delineated therein, which are hereby adopted and integrated into this agreement. It's noteworthy that the Website is hosted within the EU. Accessing the Website from regions such as the US, Asia, or any other part of the world may subject the Client to different laws, statutes, or regulations pertaining to personal data collection, utilization, or disclosure, which may diverge from those within the EU jurisdiction.
Continued use of the Website and the transfer of data to the EU explicitly implies the Client's consent to the transfer and processing of such data within the EU. ClearCut does not knowingly solicit or accept information from individuals under the age of 18. In alignment with the EU's regulations regarding children's online privacy protection, if ClearCut becomes aware that an individual under the age of 13 has provided personally identifiable information without parental consent, it shall promptly delete such information to the best of its ability.
Returns and Refunds
ClearCut reserves the right to deny refunds based on its own discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. It's important to note that if the first request delivered by ClearCut was provided for free as part of a promotional offer or any other arrangement, no refund will be granted during the first month of use.
If no free request was made, refunds can be requested only within the first month of service.
Should a Client request a refund during the first month of use, all materials produced by ClearCut become the ownership of the company and are prohibited from being used by the Client in any way. If a refund is deemed appropriate for cases other than the aforementioned scenario, a 50% fee will be assigned to the remaining billable period.
ClearCut reserves the right to take appropriate legal actions against the Client for breach of this paragraph, highlighting the significance of adhering to the terms outlined in the refund policy.
Modification
ClearCut retains the authority to change, alter, modify, amend, or remove any content on the Website for any reason at its sole discretion. This includes the right to modify or discontinue all or part of the Website without prior notice and without incurring liability to the Client.
Limitations of Website Access and Service Interruptions
ClearCut acknowledges that uninterrupted access to the Website cannot be guaranteed at all times. Factors such as hardware issues, software malfunctions, or other unforeseen circumstances may result in temporary interruptions or delays in service beyond ClearCut's control.
Jurisdiction and Governing Law
ClearCut hereby establishes that these Terms of Use shall be governed by and construed in accordance with the laws of Hungary, specifically the laws of the European Union (EU), without regard to principles of conflict of laws.
Litigation
Any legal action, regardless of its nature, shall be brought in the state courts of Hungary. The parties hereby consent to the personal jurisdiction of these courts and waive all defenses of lack of personal jurisdiction and inconvenient forum concerning venue and jurisdiction. The exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act from these Terms of Use is significant as it clarifies that these international legal frameworks will not apply to any disputes between ClearCut and its users in Hungary.
Disclaimer
The ClearCut website and services are provided on an "as-is" and "as-available" basis. Users agree that their use of the website and services is at their sole risk. ClearCut disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. ClearCut makes no warranties or representations regarding the accuracy or completeness of the website or any content therein, or the content of any linked websites. ClearCut assumes no liability for any errors, mistakes, or inaccuracies in content, personal injury, property damage, unauthorized access to secure servers, interruption of transmission, bugs, viruses, or other harmful elements transmitted through the website by third parties. ClearCut also disclaims responsibility for any loss or damage incurred as a result of using content posted or made available through the website. ClearCut does not warrant, endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties on or through the website or any linked sites.
Limitations of Liability and Indemnification
ClearCut, its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify, and hold harmless ClearCut and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, ClearCut reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify ClearCut hereunder. Client agrees to cooperate with the defense of such claims.
Subscription Pricing Policy
ClearCut reserves the right to modify subscription prices at any time. However, any price changes will not affect customers with active subscriptions.
Customers with ongoing subscriptions will continue to be billed at their current rate until their subscription term ends. Customers also have the option to pause their subscription for up to 6 months. During this pause period, customers will not be billed, and their subscription benefits will be put on hold. Once the pause period ends, customers can choose to resume their subscription at the current price.
In the event that a customer chooses to resume their subscription after a pause period, the subscription will be renewed at the prevailing price at the time of reactivation. This ensures that all renewed subscriptions are subject to the most up-to-date pricing.
Showcasing Design Work
ClearCut reserves the right to showcase design work on digital channels, including but not limited to social media and the company website, unless otherwise agreed upon. The Client retains the option to request a Non-Disclosure Agreement (NDA) between themselves and ClearCut, which would nullify ClearCut's right to publicly share or discuss the Client's work.
User Data
ClearCut acknowledges that Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. ClearCut shall not be liable to Client for any loss or corruption of any such data. By using the Website, Client hereby waives any right of action against ClearCut from any such loss or corruption of data.
Electronic Communications, Transactions, and Signatures
Client hereby consents to receive electronic communications from ClearCut, and Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client further agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by ClearCut or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
Miscellaneous
These Terms of Use, along with any policies posted on the Website or pertaining to the Website, constitute the complete agreement and understanding between the Client and ClearCut. The failure of ClearCut to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision or portion of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions herein.
Contact
For any questions or complaints regarding the Website, please contact ClearCut at: gabor@clearcut.work.