QUOTATIONS & SCOPES
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 & PREPARATORY WORK
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 billed at current rates and may not be used without explicit, written 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 therefrom 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.
Static proofs shall be submitted for print and digital work in the form of either a JPG or PDF file. If revised proofs are desired, revision requests must be made when proofs are returned and in writing. All print design, web design, and graphic design projects include 3 complimentary rounds of revisions at no additional cost, unless otherwise specified in writing. Rosie’s Creative will bill for the additional design time required to create additional and/or excessive revisions and proofs beyond the complimentary 3.
Rosie’s Creative regrets any errors that may occur through digital or print production undetected, but cannot be held responsible for errors if:
- Designs are produced per the customer’s O.K. or sign-off
- Changes are communicated verbally
- The customer has not ordered or has refused to accept proofs
- The customer has failed to return proofs with indication of changes
- The customer instructed Rosie’s Creative to proceed without submission of proof
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. Rosie’s Creative does not produce physical print products and is not responsible for the print quality of those products when ordered from a 3rd party vendor.
DELIVERY, SCHEDULES, TURNAROUND
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.
Rosie’s Creative does not accept Open Accounts under any cirucmstances.
Processing Fees – Updated February 1st, 2020
In an effort to offset the ever increasing cost of credit card processing fees, any invoice valued over $350 paid by credit card will incur a 3% processing fee at the time of payment. Processing fees can be avoided by using business checks. We strongly urge our clients to pay by business check whenever possible.
Special Note About Credit Card Fees: Rosie’s Creative, LLC regrets the credit card processing fee, but acknowledges that it is necessary as processing fees from all major credit cards have risen exponentially since 2018. In 2013, it became legal for businesses to charge customers a small processing fee to offset rising credit card costs. Rosie’s Creative worked to absorb the cost of credit card processing fees as a convenience to our clients – “the cost of doing business” – for as long as possible, but those fees have risen to such a degree that, as a small business, we simply can not continue to do so. Clients who strongly oppose the 3% processing fee should contact Visa, Discover, American Express, Quick Books, Authorize.net, and other major credit card companies to express their dissatisfaction directly. Rosie’s Creative, LLC has no control over the inflating and erratic cost increases from these businesses.
Rates for Hourly Projects – Updated January 01, 2020
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. Rates are subject to change without notice.
Standard Hourly Rates
– Custom Code & Technical Development: $175/hr
– Marketing Consultations: $150/hr
– Graphic Design & Page Layout: $85/hr
– Content & Copy Writing: $65/hr
– General Communication: $65/hr
Standard Hourly Project Fees
– Expenses: Related expenses are invoiced per project and may include travel, meals, per diems, service fees, licensing fees, and other project-related costs not specified.
– Cancellations: All scheduled consultation cancellations require at least 48 hours notice. Last minute cancellations are subject to a $50 cancellation fee.
– Rush Fees: Rush fees apply to all hourly projects which require a 24-48 hour turn-around on business days. Rush fees are $99 per project or 20% of the project cost, whichever is greater.
– Weekend or Holiday Rush Fees: Weekend or Holiday Rush fees apply to all hourly projects which require a 24-48 hour turn-around on non-business days. Rush fees are $199 per project or 50% of the project cost, whichever is greater.
Late Fees – Updated February 1st, 2020
All invoices are due upon receipt OR on the due date as indicated. Late payments are assessed every 30 days. Accounts with overdue invoices will be charged a late fee of 10% the value of the invoice, plus a $35 processing and handling fee, compounded every 30 days. We reserve the right to refuse service to accounts outstanding for a period of 30 days or more, till the overdue balance is paid along with any additional charges accrued due to the delinquent payment.
Collection Fees – Updated February 1st, 2020
Should your account go to collections, your business or legal entity will be held responsible for all costs of collection and litigation attributed to the collection of the overdue balance. As security for payment of any sum due or to become due under terms of any agreement, Rosie’s Creative shall have the right 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.
Beginning with January 2019, clients who wish to retain our marketing services on a regular, monthly basis will be required to participate in auto-pay, through which your regular monthly invoice will be charged to a credit or debit card of your choice. Rosie’s Creative, LLC will no longer be accepting checks for monthly recurring invoices.
Other billable items such as hourly overages, add-on services, fees or other billable services outside of the regular monthly invoice may still be paid by check or other preferred method. These additional invoices will not be paid by the credit card on file unless specifically authorized for each transaction.
Clients who are billed for monthly services are required to participate in monthly auto-billing. Should a payment fail to process, Clients are responsible for the full amount due and must submit updated payment information within 3 business days of the initial transaction failure. An additional processing fee may apply to late payments, not to exceed $99 or 6% of the contracted rate (whichever is larger).
All payments are due upon receipt of invoice, unless otherwise noted on the invoice. If payment is not made within the 60 days, Rosie’s Creative will suspend all services until payment is made in full. Unpaid invoices will accumulate interest at a rate of six percent (6%) per month until full payment is made.
If a client violates the terms of the payment outlined in their Agreement, or on this Policies page, the client agrees to pay all collection costs including, but not limited to, attorney’s fees and court costs incurred by Rosie’s Creative LLC, as a result of Customer’s failure to remit payment.
Rosie’s Creative understands that unforeseen projects can arise and may require immediate attention. If feasible, the team at Rosie’s Creative may accommodate emergency requests with an additional fee for urgent projects which require 24-48 hour turnaround. Rush jobs are considered a premium service and will be provided at our discretion only.
Our rush fee is $99 or 20% of the total cost (whichever is greater) of completing any singular project within the 24-48 hour window on regular business days. Weekend or Holiday Rush fees apply to all hourly projects which require a 24-48 hour turn-around on non-business days. Weekend or Holiday Rush fees are $199 per project or 50% of the project cost, whichever is greater.
Multiple fees will be assessed for multiple projects. The total cost of completing the project includes the standard hourly rate in addition to opportunity costs. Opportunity costs can include, but are not limited to, overtime hours, re-prioritization of other customers’ projects, and sacrificing personal plans and opportunities.
Rosie’s Creative will notify the customer when additional rush fees apply to a project except when implicitly inferred by the 24-48 hour turnaround requirement. Rosie’s Creative cannot provide a price quote for a rush job, unless the project realistically permits us the time and resources to both complete the project and provide the quote.
Rosie’s Creative understands that unforeseen disruptions can arise during a project timeline which may stall, halt, or cease any active project. The Client is responsible for the provision of all requested feedback and site content in a timely manner, regardless of circumstances.
A two-week lapse in communication between a request for content and the corresponding delivery will constitute project abandonment and termination of the contract, in which case the Client will be invoiced for the services performed to date.
A four-week lapse in communication (aka “project ghosting”) will constitute project abandonment and termination of the contract, in which case the Client will be invoiced for the services performed to date, will be required to pay the balance due on the project if it is resumed at a later date, plus any additional amount required to cover additional hourly service costs. No existing discounts will be honored, and no new discounts will be provided in the event that an abandoned project is resumed after the four-week deadline.
IMPORTANT: Any project which is abandoned multiple times is subject to permanent cancellation without refund, at the discretion of Rosie’s Creative LLC.
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.
3RD PARTY PROVIDERS
Rosie’s Creative, LLC does not assume liability or responsibility for any 3rd party service or product.