A quotation and/or scope will be provided prior to beginning any work. This document must be signed, accepted, and deposit received before work can begin. Any quote or scope not accepted within thirty (30) days is subject to review.
Experimental work performed at customer’s request such as: sketches, drawings, scanning, desktop composition, proofs, plates, presswork, coding, website reviews, consultations and other related materials/services will be charged for at current rates and may not be used without consent. All Sketches, copy, dummies and preparatory work created or furnished to customer shall remain Rosie’s Creative exclusive property and no use of same shall be made, nor any ideas obtained there from be used except upon compensation to be determined by Rosie’s Creative. Art work, type, digital files, photography, video, audio, plates, negatives, positives and other preparatory items when supplied by Rosie’s Creative shall remain our exclusive property unless otherwise agreed in writing. Alterations represent any work performed in addition to the original specifications agreed to. Such additional work shall be charged at current rates.
Proofs shall be submitted for print work. If revised proofs are desired request must be made when proofs are returned. Rosie’s Creative regrets any errors that may occur through production undetected, but it cannot be held responsible for errors if the work is printed per the customers O.K. or if changes are communicated verbally. Rosie’s Creative shall not be responsible for errors if the customer has not ordered or has refused to accept proofs or has failed to return proofs with indication of changes or has instructed Rosie’s Creative to proceed without submission of proofs. Because of differences in equipment, paper, inks and other conditions between color proofing and production press room operations a reasonable variation in color between original art, color proofs and the completed job shall constitute acceptable delivery.
Proposals are based on continuous and uninterrupted delivery of completed order, unless specifications distinctly state otherwise. Charges related to delivery from customer to Rosie’s Creative or from customer’s supplier to Rosie’s Creative are not included in any quotations unless specified. Special priority pickup or delivery service will be provided at current rates upon customer’s request. Materials delivered from customer or his suppliers are verified with delivery ticket as to cartons, packages or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and Rosie’s Creative cannot accept liability for shortage based on supplier’s tickets. Title for finished work shall pass to the customer upon delivery, to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first. Delivery schedules or similar terms used by Rosie’s Creative merely reflects the current average completion times of standard orders. It is not contractual unless otherwise agreed in writing and for appropriate compensation. Time is not the essence of this agreement.
Web & Services Accounts:
For all scoped work, payment shall be as follows… 50% nonrefundable deposit with signed Scope and/or Quote by customer. Balance shall be due prior to completion.
For all monthly service agreements, payment shall be as follows… Due upon receipt of invoice unless other terms are stated in writing upon the invoice.
Promotional Items and Print Products: Rosie’s Creative does not produce or supply physical products. All products must be purchased directly from the manufacturer. The total cost of any and all print items or promotional products is due at the time of order. No exceptions.
Open Accounts: Rosie’s Creative does not accept Open Accounts except under special circumstances. All approved open accounts are on terms of net 15 days. Accounts overdue will be charged a late charge of 6% per month. The purchaser will be held responsible for all costs of collection and litigation attributed to the collection of the overdue balance. All accounts outstanding for a period of 45 days will be placed on C.O.D. only status till the overdue balance is paid along with any additional charges accrued due to the delinquent payment. All information provided above shall be held confidentially by Rosie’s Creative solely for the purpose of our credit approval process and will in no way be released to any third party. As security for payment of any sum due or to become due under terms of any agreement, Rosie’s Creative shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in our possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance or guarantee of payment shall not affect such security interest and/or lien.
Rates for Hourly Projects: Monthly Overages and As-Needed Services are performed at an hourly rate, with a minimum of 1 billable hour. Our rates vary depending on the type of service requested, and the conditions of any negotiated monthly contract. Non-contracted rates are subject to change without notice. Contracted rates are subject to change with 30 days written notice, unless otherwise specified in the contract. Standard hourly rates… Code: $125/hr – Consultations: $125/hr – Design & Specialty Work: $75/hr – Content & Copywriting: $45/hr – General Communication: $35/hr. Related expenses are invoiced per project and may include travel, meals, per diem, etc.
The customer shall indemnify and hold harmless Rosie’s Creative from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against Rosie’s Creative on grounds alleging that the said reproduction violates any copyright or any proprietary right of any person or that it contains any matter that is libelous or scandalous, or invades any person’s right to privacy or other personal rights, except to the extent that Rosie’s Creative has contributed to the matter. The customer agrees to, at the customer’s own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against Rosie’s Creative provided that Rosie’s Creative shall promptly notify the customer with respect thereto, and provided further that Rosie’s Creative shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.