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SERVICES & projects Policies

Services & Policies are subject to change without notice.

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.

PROOFS

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:

    1. Designs are produced per the customer’s O.K. or sign-off
    2. Changes are communicated verbally
    3. The customer has not ordered or has refused to accept proofs
    4. The customer has failed to return proofs with indication of changes
    5. 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.

SCOPE CREEP

What is “scope creep?”
Scope creep occurs when the focus or scope of a project extends or creeps beyond its expected perimeters. Ordinarily, a team will start a project with a scope, budget, end goal deadline. This information allows the team to complete a project within budget and on time. Scope creep can occur any time after a project has begun and may ultimately affect any or all parts of the project, including the end goal and deadline.

While we expect to change and adapt during a project, significant scope creep can delay a project or cause it to exceed budget. Every project manager should plan for potential scope creep and know how to prevent or control it. Rosie’s Creative bills for scope creep requests in addition to the original project costs. Clients will be informed of additional billing at the time the requests are made.

Examples of scope creep include:

    • One requested deliverable becomes many deliverables
    • A product’s number of required features increases
    • The customer’s needs change in a way that impacts budget, timeline, or project value
    • The customer inadvertently asked for the wrong deliverable
    • The end goal for the project is changed by the stakeholder

TERMS

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 (auto-billed monthly), unless other terms are stated in writing upon the invoice. Strictly non-refundable. Cancelation requires 30 days written notice.

Deposits & Advance Payments
Deposits and advance payments received by Rosie’s Creative, LLC for individual projects, service agreements, hosting agreements, and other billables not specified are not eligible for return or refund.

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 under any circumstances.

Processing Fees – Updated November 11, 2021
In an effort to offset the ever increasing cost of credit card processing fees, any invoice valued over $250 paid by credit card will incur a 3.75% processing fee at the time of payment. Processing fees can be avoided by using business checks or Zelle. We strongly urge our clients to pay by business check or Zelle 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 3.75% processing fee should contact Visa, Discover, American Express, QuickBooks, Authorize.net, and other major credit card processing 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 June 01, 2022
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: $215/hr
– Specialty Illustrations, 3D Modeling, Video Editing: $215/hr
– Marketing Consultations, Project Management: $185/hr
– Graphic Design & Page Layout: $125/hr
– Content & Copy Writing: $85/hr
– General Communication: $85/hr

Standard Project Fees – Updated September 22, 2022

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.

Standard Rush Fees: Rush fees apply to all urgent projects, at the discretion of Rosie’s Creative. An “urgent” project is defined as any project which requires expedited turnaround and/or delivery. Standard rush fees for work performed during regular business hours are $99 per project or 20% of the project cost, whichever is greater.

Weekend or Holiday Rush Fees: Rush fees apply to all urgent projects, at the discretion of Rosie’s Creative. An “urgent” project is defined as any project which requires expedited turnaround and/or delivery. Weekend or Holiday Rush Fees apply to all projects which require work performed during non-business days. Weekend or Holiday Rush Fees are $199 per project or 50% of the project cost, whichever is greater.

Late Fees
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.

Abandoned Project or Stalled Project Fees
We understand. In business and in life, things “happen” that can cause a project to be stalled, delayed, or even abandoned after it has already started.  Projects that are stalled, abandoned, or delayed cause significant issues with our production schedule, and create a unfair situation for other clients who are impacted by schedule disruptions.  We will do our best to communicate and facilitate project progress, but should a project experience a lapse in communication of 2 weeks or longer, Abandoned Project Fees will be assessed.

      • Everyone receives a 2 week (10 business day) grace period.
      • After 2 weeks, an invoice will be sent for work performed to-date with an updated production timeline.
      • After 4 weeks, a 10% project fee will be assessed, an invoice will be sent for work performed to-date, and an updated production timeline will be provided.
      • After 6 weeks, a 15% project fee will be assessed, an invoice will be sent for the balance of the contract, and the project will be removed from the production schedule.
      • After 8 weeks, we will assume the project has been completely abandoned. A 20% project fee will be assessed, an invoice will be sent for the balance of the contract, and the contract terms are subject to review should the client wish to resume the project at a later date. This will incur an additional cost to resume the project, as well as additional rate costs.

Collection Fees
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.

RECURRING & RETAINER SERVICES

RETAINER SERVICES: Retainers are structured agreements in which the client agrees to pay a specific amount of money to Rosie’s Creative, LLC— usually monthly — and, in return, receives a set of specified services during that same time period. Our pre-paid retainer requires that Rosie’s Creative commit to handling a certain amount of work during the predetermined period. This work can be in the form of hours or output. Businesses use pre-paid models when they need specific work done — work that’s broken into a defined set of tasks. Think Social Media, SEO, and website maintenance, for example. At Rosie’s Creative, retainer payments are either due on the 1st or the 15th of each month.

When Securing Rosie’s Creative, LLC professional service provider on retainer, clients will:

    • Receive Better Support: Working with an expert who knows and understands your business leads to better quality and increased client satisfaction.
    • Save Time: By entering into a retainer agreement, don’t need to research and find a new service provider for each project, saving time and effort that can be spent on other projects.
    • Save Money: Having a predictable expense will make budgeting easier for you, a retainer agreement will eliminate the cost of onboarding a new service provider every time they begin a new project, and secures a substantial discount of services with contracts of 6 months or more.

RETAINER Hourly Rates*
– Custom Code & Technical Development: $175/hr
– Specialty Illustrations, 3D Modeling, Video Editing: $175/hr
– Marketing Consultations, Project Management: $99/hr
– Graphic Design & Page Layout: $75/hr
– Content & Copy Writing: $75/hr
– General Communication: $75/hr

*All standard fees and expenses apply to the retainer program. Please see Standard Project Fees above.

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. Cancelation of monthly services requires 30 days written notice. Monthly service payments are strictly non-refundable.

Other billable items such as hourly overages, add-on services, fees or other billable services outside of the regular agreement 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.

LATE PAYMENTS

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).

 – Updated July 27th, 2021 – All payments are due upon receipt of invoice, unless otherwise noted on the invoice. Late payments are assessed every 14 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.

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.

RUSH JOBS

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 $150 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 $250 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.

ABANDONED PROJECTS

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.

INDEMNIFICATION

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.

TEMPORARY EMPLOYMENT & SUBCONTRACTOR Policies

TEMPORARY EMPLOYMENT POLICIES

Temporary employees are contracted workers who perform a job for only a short amount of time, with clear agreement regarding the end date or end conditions – ie, the contract may end on a specific date, or it may end upon completion of a specific project. Temporary or “gig” employment is a common practice in creative fields.

All work performed must be documented and invoiced promptly and regularly to Rosie’s Creative.

Payment will not be made for any work invoice sent more than 90 days after its completion.

Our pay schedule for temporary workers is industry-appropriate hourly pay, with a bi-weekly pay schedule.

Payment for temporary employees is tendered via Zelle, PayPal, or Business Check.

Unauthorized or unverified work will not be considered as eligible for payment.

30 days’ written notice is required for temporary workers who wish to terminate their contract before the agreed upon schedule.

Temporary workers who quit or abandon their contracts without 30 days’ written notice may be ineligible for payment for all or part of their pay schedule.

Temporary workers who quit or abandon their contracts will only be paid for work verified and performed.

SUBCONTRACTOR POLICIES

A subcontractor is a company or person hired by a main contractor (in this case, Rosie’s Creative) to perform a specific task as part of an overall project. The subcontractor is compensated for their contributions to the team effort, as contracted and agreed.

All work performed must be documented and invoiced promptly and regularly to Rosie’s Creative.

Payment will not be made for any work invoice sent more than 90 days after its completion.

Our pay schedule for subcontractors varies depending on the type of service provided, and will be clearly defined in writing with a mutually beneficial contract. Those pay schedules typically include one of the following:

      • monthly pay per ongoing contract with a 30 day delivery period
      • biweekly hourly pay
      • 50/50 pay per project

Payment for subcontractors is tendered via Zelle, PayPal, or ACH / Business Check.

30 days’ written notice is required for Subcontractors who wish to terminate their contract before the agreed upon date.

Subcontractors who quit or abandon their contracts without 30 days’ written notice may be ineligible for payment for all or part of their invoice.

Subcontractors who quit or abandon their contracts will only be paid for work verified and performed.

Subcontractors who quit or abandon their contracts may be subject to fees and penalties, as per their contract.

Subcontractors are responsible for their own taxes. Rosie’s Creative, LLC does not withhold taxes on behalf of subcontractors, and will report earnings to the IRS by 1099 as required by law.

All work created under contract with Rosie’s Creative, LLC becomes the sole property of Rosie’s Creative, LLC.

Subcontractors are legally bound by the same agreements Rosie’s Creative, LLC has with their clients, including but not limited to NDA, Non-Compete, and other business protection contracts.

Due to the nature of non-disclosure agreements, “White Label” subcontractors may not use creative property or art developed for Rosie’s Creative, LLC or Rosie’s Clients in their public portfolio unless otherwise agreed upon in writing. Permission to display this work can be revoked at any time.

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