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TERMS OF SERVICE
The following Terms and Conditions of Service apply to all services provided by Rosathegreat and in the event of any dispute is governed by the laws of the United States of America. All work is carried out by Rosathegreat on the understanding that the client has agreed to her terms and conditions. Copyright is retained by Rosathegreat until full payment on all design work and services. After the full payment the client retains ownership. If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by Rosathegreat as fulfilling the contract. All other designs remain the property of Rosathegreat, unless specifically agreed in writing.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Rosathegreat reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
At the time of proposal, Rosathegreat will provide the customer with a written estimate or quotation. These Terms and Conditions can be read at any time on her website. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Rosathegreat. For the avoidance of doubt, Rosathegreat ultimately decides the acceptance of jobs.
Charges for design services to be provided by Rosathegreat will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of fifty (50) percent of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work (prior to upload to the server or release of materials).
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer will be provided with an approval form or proof email, and an 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 or signify approval to Rosathegreat.Publication and/or release of work done by Rosathegreat on behalf of the client, may not take place before cleared funds have been received.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge of 10% on the outstanding amount from the date due until the date of payment.
Payments may be made via wire transfer, PayPal, or Zelle. Rosathegreat does not accept checks.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Rosathegreat shall be entitled to remove designs and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay all Rosathegreat’ reasonable legal and accounting expenses and fees in the enforcement of the debt and these Terms and Conditions.
Design Changes and Excessive Work
Unless otherwise stated, creative and design works include three (3) sets of changes. Client will receive prior notice should work exceed that which is outlined in this agreement. If work undertaken exceeds the work outlined or any addition is made the items listed after an agreement has been signs, the client agrees to pay appropriate fees for "Excess work"Excess work is defined as any work involving additions to the list of items and/or any work undertake that exceed the work outlined in quote/proposal.
Rosathegreat will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, ai or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Quality of Source File
Rosathegreat cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration or recreation of images.
Copyright and Trademark
By supplying text, images and other data to Rosathegreat for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions.
Any artwork, images, or text supplied and/or designed by Rosathegreat on behalf of the customer, will remain the property of Rosathegreat and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Rosathegreat, the necessary permission to use materials (for which Rosathegreat holds the copyright) in forms other than for which it was originally supplied, and Rosathegreat may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
By supplying images, text, or any other data to Rosathegreat, the customer grants her permission to use this material freely in the pursuit of the design. Should she, 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 Rosathegreat to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Rosathegreat 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.
Any design, copy-writing, drawing, idea or code created for the customer by Rosathegreat, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Rosathegreat and any of its relevant sub-contractors.All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Any claim against Rosathegreat shall be limited to the relevant fee(s) paid by the customer.
Rosathegreat is not responsible for errors or omissions in any work produced after clients approval. No financial responsibility is assumed by Rosathegreat for errors or damages as a result from such errors.
The client agrees to allow Rosathegreat to place websites and other designs, along with a link to the client’s site on her own website for demonstration purposes and to use any designs in its own publicity, portfolios and design competitions.
Illness, injury, or other events beyond Rosathegreat's control such as: fire, theft, computer failure, and acts of god may result in delay of unpredictable length.
Any cancellation which is not formally confirmed in writing and received by Rosathegreat within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Acceptance of Terms of Service
The placement of an order for design and/or any other services offered by Rosathegreat, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are available at www.rosathegreat.com.
This Agreement was last updated on December 28, 2021
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