Claricast is located at:
10 Dulverton Court, Bideford Green, Leighton Buzzard, Bedfordshire, LU7 2UG, United Kingdom
Postal/Correspondence address is:
Office 28138, PO Box 6945, London, W1A 6US, United Kingdom
By accessing this website (the “Website”, www.claricast.com) and by using our services (the “Services) we assume you accept these terms and conditions (the “Terms”) in full. Do not continue to use Claricast’s website or services if you do not accept all of the Terms stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Owner”, “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Claricast and/or it’s licensors own the intellectual property rights for all material on Claricast. All intellectual property rights are reserved. You may view and/or print pages from www.claricast.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from this website
- Sell, rent or sub-license material from this website
- Reproduce, duplicate or copy material from this website
- Redistribute content from this website (unless content is specifically made for redistribution).
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Terms of Service
Description of Service
Claricast is a podcast editing and production company providing audio and video podcast editing, show notes writing, podcast transcription, podcast visual branding, intro and outro creation, podcast feed management and podcast consultation services.
The Services will also include any other tasks which the Parties may agree on.
Term of Agreement
The term of these Terms of Service will begin on the date that the Client requests Services from the Owner and will remain in full force and effect indefinitely until Services are terminated.
In the event that either Party wishes to terminate Services, that Party will be required to provide at least 7 days’ notice to the other Party.
In the event that either Party breaches a material provision under the Terms, the non-defaulting Party may terminate the Terms and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
Services may be terminated at any time by mutual agreement of the Parties.
Except as otherwise provided in these Terms, the obligations of the Owner will end upon the termination of these Terms.
The Parties agree to do everything necessary to ensure that the Terms take effect.
Except as otherwise provided in these Terms, all monetary amounts referred to in these Terms are in UK Pounds.
For the services rendered by the Owner as required by the Client, the Client will provide compensation (the “Compensation”) to the Owner at a rate agreed upon by the Parties out within the Agreement from the first day of service as agreed by the Parties.
The above Compensation includes all applicable value added tax, and duties as required by law. The Owner is not responsible for the payment of any fees. The Owner will not provide a price protection policy or refund in the event of a future price reduction or promotion.
Confidential information (the “Confidential Information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
The Owner agrees that it will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Owner has obtained, except as authorized by the Client. This obligation will end on the expiration or termination of these Terms.
Ownership of Materials and Intellectual Property
All intellectual property and related materials (the “Intellectual Property”) including any related work in progress that is developed or produced under these Terms, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
Unless otherwise stated, all relevant digital files (the “Files”) must be delivered to the Owner via the agreed file-sharing service no later than 5 business days (the “Editing Period”) prior to the expected podcast episode (the “Episode”) release date. In the event of late or no delivery, episodes cannot be carried over to the next Editing Period or refunded.
The Owner cannot provide any service or deliver any worked files (the “Deliverables”) during observed UK bank holidays. This will not affect the Client’s podcast release schedule. The Owner also cannot provide any service or Deliverables for one full week in summer, nor for the holiday period from 24th December to 2nd January inclusive. The Owner will remind the Client of this at least 30 days prior to closure commencing. The Client will be required to deliver the Files for any affected episodes at least 7 days earlier than the start of the typical Editing Period.
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with these Terms.
A podcast episode may consist of up to 65 minutes of audio. An episode may consist of up to 4 audio “tracks” or “speakers”. Exceeding either of these limits will incur on the Client an additional charge of £15.00 for each additional episode of up to 15 minutes and up to 2 audio tracks.
Show notes cannot be expected by the Client to exceed over 250 words.
An audiogram cannot be expected by the Client to exceed over 120 seconds.
The Owner has no responsibility to support podcast/RSS feed issues for the Client unless the client is currently receiving either the Feed Management or Launch Package Services. The Uploading & Schedulding service does not cover feed issues.
Any of these limitations may be adjusted if agreed by both Parties and with Compensation adjusted accordingly. The Owner will confirm any adjustments in writing in the form of a proposal (the “Proposal) and a subsequent replacement Agreement that supersedes any previous Agreement.
If the Client is unhappy with the Deliverables, the Client must make contact with the Owner within fourteen days of the Deliverables being received to request standard revisions (the “Standard Revisions”) at no additional cost. Standard Revisions encompass any amendments to the original Files. Examples of Standard Revisions are:
- Removing sections of an audio or video file, with time stamps given by the Client.
- Increasing or decreasing the level of bass or treble tone.
- Moving sections of the audio or video to a different timestamp.
This offer does not extend to factors that are beyond the Owner’s control, e.g. quality of performance, quality of the audio recording or an incorrect order made by the Client. Revisions may delay the delivery date past the agreed delivery date.
If the Client requires revisions after 14 days after initial delivery, or requires revisions outside of the scope of Standard Revisions, these revisions will be considered extended revisions (the “Extended Revisions”), and will be charged at £15.00 per episode, per round of revisions.
Without prejudice to any applicable statutory rights, the Owner grants the Client the right to cancel the purchase of a service they are unsatisfied with, and obtain a refund, within 14 days from the day on which the contract was first entered into.
The Owner shall refund any Compensation relevant to the service being cancelled using the same payment method as the original transaction.
In order to request a refund, the Client must send clear notice to the Owner.
Upon receipt of such notice, the Owner will verify that all conditions applicable to the refund terms are fulfilled and, if so, refund the relevant Compensation. In this case, the Client will no longer have access to the service.
The Client may request support from the Owner via email should the Client’s support request fall within the following categories:
- Service process
- Accessing shared storage
- Podcast editing
- Other support requests relating to purchased services
The Owner does not approve support requests that fall within the following categories:
- Intro and outro production requests and any other service which has not been paid for
- Podcast software or RRS feed support
- Podcast website issues
- Production of multiple shows with a single subscription
- Podcast marketing
If the Client’s support request falls within an unapproved category, the client may book a consultation call charged at £99.00 for a 60-minute session or at £180.00 for two 60-minute sessions.
All files provided by the Client to the Owner are backed up. However, the Owner is not liable for the storage of any files. The Client must retain all their files on their own storage and it is strongly advised that the Deliverables are backed up by the Client upon delivery.
In the event that legal action is brought to enforce or interpret any term of these Terms, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.
Limitations of Liability
To the maximum extent permitted by applicable law, in no event shall the Owner, be liable for –
- Any mistakes, errors or inaccuracies within Deliverables
- Any damage, loss or injury resulting from unauthorized access hacking, tampering, bugs, viruses, trojan horses, or the like that may be transmitted to or from the Client using the Services
- Personal injury or property damage, of any nature whatsoever, resulting from Owner access to or use of the Service
- Any defamatory, offensive, or illegal conduct of the Client or any other third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by the Client to the Owner hereunder in the preceding 12 months, or the period of duration of the Agreement between the Parties, whichever is shorter.
The Owner will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under these Terms without the prior written consent of the Client.
It is agreed that there is no representation, warranty, collateral agreement or condition affecting these Terms except as expressly provided in these Terms.
It is the intention of the Parties to these Terms that these Terms and the performance under these Terms, and all suits and special proceedings under these Terms, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of England, without regard to the jurisdiction in which any action or special proceeding may be instituted.
The waiver by either Party of a breach, default, delay or omission of any of the provisions of these Terms by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
These terms were last updated: 29th August 2023.
Any pricing mentioned in these Terms may no longer be accurate at the time of reading. Contact us at firstname.lastname@example.org for more details.