TERMINOLOGY
1. Rocko Designs is Roxy Walsh trading as Rocko Designs
2. ‘The Client’ is the party making a booking for design related services from Rocko Designs
3. ‘An Order’ is the request for services from Rocko Designs
4. ‘The project’ is a term used to describe a service from Rocko Designs. The terms and conditions apply to all dealings between The Client and Rocko Designs. By placing an order with Rocko Designs, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.
QUOTATIONS
• All quotations are valid for 30 days. Any quote not accepted within this time is subject to a requote. All prices are quoted in Australian Dollars.
• Any additional work not quoted, or outside the original scope relating to the project will be charged at an hourly rate of $65 p/hr.
• Rocko Designs is not responsible for increases in materials by third party services (eg printers, sign writers, web developers) where the increases are beyond our control.
• Rocko Designs reserves the right to change pricing without notice.
COPYRIGHT
• The Client assumes full copyright and reproduction rights upon full payment of a completed project.
• Rocko Designs retains personal rights to use completed projects and concept artwork for the purpose of marketing.
• All images displayed on the Rocko Designs website or facebook page are subject to copyright, and must not be copied or used without full permission from Rocko Designs and the Client. Any breach of copyright will result in action being taken as necessary.
DESIGN CREDIT
• The Client allows Rocko Designs to display any projects on the Rocko Designs website/ facebook page/ and portfolio for self promotion purposes.
• The Client agrees to allow Rocko Designs to credit design work on all websites designed by Rocko Designs.
CANCELLATIONS & INCOMPLETE PROJECTS
• All work not completed within a 3 month period will be invoiced regardless.
• Payment is required for any artwork or drafts, that have been terminated on your request at any stage of development, prior to completion. Invoice will be issued as ‘work to date’.
• In the event of a project cancellation, Rocko Designs retains ownership of all copyright and original artwork. Any concepts, designs or ideas not chosen by the Client remain the property of Rocko Designs and may be offered to other Clients.
PAYMENT
• Payment is required prior to releasing final digital files and/or supplying files for printing and before any websites go live to the web. Payment must be made within 14 days of the date of the invoice.
• All work is presented to the Client in draft format. Once payment is received you will receive final files.
• Payment can be made via direct deposit.
• If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors)
TURNAROUND TIMES
• Rocko Designs will make every effort to meet deadlines. All quoted turnaround times are approximate. Rocko Designs will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.
AUTHORS CORRECTIONS
• The Client is allowed three sets of revisions to their project. Any authors corrections or amendments outside of the quotation or nominated revisions, are charged at an hourly rate of $60 p/hr.
• Rocko Designs makes every effort to deliver concepts to suit the Client’s brief. If the Client is not happy with the concepts provided by Rocko Designs, and the amends do not fall within minor ‘revisions’ to the project, the Client can pay for further concepts to be developed or choose to not proceed, and pay for ‘work to date’.
APPROVAL
• Approval is required for all projects, via online approval form, prior to work being released.
• Whilst all care is taken by Rocko Designs, Rocko Designs is not responsible for any spelling, grammatical, numerical errors, omissions after final approval. Even if text or visual errors are from Rocko Designs, it is the Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval. The Client is fully responsible for reprint and productions costs should they decide to print again. No refunds will be issued by Rocko Designs.
FILE SUPPLY
• Rocko Designs supplies files to printers at a minimum of 300 dpi or as high resolution PDF files.
• Rocko Designs supplies logo files to the Client in print and web formats, as EPS. PNG. JPEG and PDF.
• Other than logo supply, Rocko Designs does not supply working files (ie Adobe Indesign & Illustrator files).
• High Resolution PDFs of artwork can be supplied at the Clients request at the time of project completion.
WEBSITES
• Rocko Designs can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any
third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website.
• Rocko Designs has no control and accepts no responsibility for the functionality of the WordPress platform, nor responsible for any third party plugins used on a website.
WEBSITE & DOMAIN HOSTING
• Rocko Designs offers website hosting as a reseller of Little Hero hosting services. Rocko Designs creates websites but does not host websites locally. Rocko Designs shall not be responsible for any issues relating to the hosting of a website which Rocko Designs has created.
BACKUPS
• Rocko Designs is not responsible for the ongoing back up of websites. The Client will be provided with full access to the hosting CPanel by which they are able to access a backup facility. The Client is responsible for backing up the website once it goes live. Rocko Designs accepts no responsibility for loss of website content once full payment is received. It is essential that backups are maintained to prevent loss of data.
• The Client is also responsible for maintaining and updating their WordPress version, and any plugins used on their website. Rocko Designs accepts no responsibility for any website issues resulting from the Client not ensuring their website is kept up to date.
IMAGES
• Some designs may contain stock photography that is available for purchase. Any items designed by Rocko Designs that are offered for sale, will require license rights to be purchased for any stock images.
• Any images supplied by the Client must be provided in high resolution, preferably CMYK. Rocko Designs is not responsible for colour variations in conversion from RGB to process CMYK.
• The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provided to Rocko Designs for inclusion in a website or print material are either owned by the Client, or permission has been given to use them
• Rocko Designs is not responsible for the reproduction quality of supplied images.
FACEBOOK TABS
• Rocko Designs has no control and accepts no responsibility for changes to Facebook procedures, nor responsible for changes that may occur to work we have created due to third party changes. A fee will be applied to fix and rectify these problems if they occur.
MONTHLY UPDATE Terms and Conditions
• The $59 monthly maintenance package can be cancelled at anytime, please give 7 days notice prior to the start of the next month for the invoice to be cancelled in time.
• Updates and security scans do not guarantee that your site will not be compromised. WordPress is an ever changing platform, and hackers try everyday to compromise plugins and themes. Having an outdated website is the best way to put yourself at the front of the hack list though, and not having a backup stored externally is just plain crazy. This monthly plan will make sure that your site is up to date, we will run a security scan to check for nasties, and if all else fails you can sleep at night knowing that you have a backup to restore if need be.
• The 30 minutes website maintenance can be used on anything you like, that fits within a 30 minute timeframe. These types of things can include: changing a font style or colour, adding a new page, adding a new slider image, adding a contact form, installing a basic plugin. If you’re not sure just email me and I can let you know if it will be any extra time.