Design Policy

Please read our Design Policy carefully. Unfortunately we have had instances of people commissioning design work from us and then stealing ideas that have been discussed in good faith, replicating them and not actually paying for services provided. While we aim to work on a basis of mutual trust and respect, this behaviour is unfair and shows a complete lack of professional courtesy towards ourselves. For this reason, we’re implementing the following design policy, effective immediately.

Design Policy

The following conditions of this policy apply to all artwork, graphic design, print and other services provided by Rosarts®. Rosarts is a brand name used by the artist, Alex Muller-Nicholson. All design work commissioned through communication with the artist is provided through her business Rosarts.

All design work is carried out by Rosarts on the understanding that the client has agreed to abide by Rosarts’s terms and conditions.

Copyright of all graphic design work is retained by Rosarts including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.

If multiple design concepts are submitted, only one concept is deemed to be given by Rosarts as fulfilling the contract. All other artwork designs remain the property of Rosarts, unless agreed in writing.

Acceptance of work

At the time of proposal, Rosarts will provide the customer with a written estimate or quotation by email as requested.

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 Rosarts by email or post. This binds the client to accept Rosarts’ terms and conditions as outlined in this policy. No work on a design or service will commence until either document has been received by Alex/Rosarts.

Fees and prices

Fees for design services to be provided by Rosarts, 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 this estimate or quotation, indicating acceptance of the Terms & Conditions & Design Policy, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the design/service will not commence until Rosarts has received this amount.

Additional charges

Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.

Payment of fees

The customer will be asked to provided artwork sign off before being issued with an invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.

Payments may be made by Bacs, through our online payment gateways, or previously agreed electronic funds transfer such as PayPal.

Copyrights and trademarks

By supplying text, images and other data to Rosarts for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Rosarts on behalf of the customer, will remain the property of Rosarts and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.

By supplying images, text, or any other data to Rosarts, the customer grants Rosarts permission to use this material freely in the pursuit of the design and to utilise the designs in our portfolio unless agreed otherwise.

Should Rosarts, 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 Rosarts to remove and/or replace the file.

The customer agrees to fully indemnify and hold Rosarts 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.

Amendments and alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that Rosarts holds no responsibility for any amendments made by any third party, before or after a design is published.

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 website design services.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Rosarts 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 ourselves.

All design work where there is a risk that another party may 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. Rosarts will not be held responsible for any and all damages resulting from such claims. Rosarts is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Rosarts responsible for any such loss or damage. Any claim against Rosarts shall be limited to the relevant fee(s) paid by the customer.

Duration and completion

Any indication given by Rosarts of a design project’s duration is to be considered by the customer to be an estimation. Rosarts cannot be held responsible for any project over-runs, whatever the cause.

Rosarts considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

Design credits

The customer agrees to allow Rosarts to place a small credit on printed material, advertisements and/or a link to Rosarts’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page or in a post.

The customer also agrees to allow Rosarts to place all designs on Rosarts own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

Rights of refusal

Rosarts will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Rosarts also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Rosarts does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Rosarts to remove the contravention without hindrance, or penalty. Rosarts is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or email. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Rosarts within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

Rosarts makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Rosarts will not be held responsible for any and all damages resulting from products and/or services it supplies. Rosarts is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Rosarts responsible for any such loss or damage. Any claim against Rosarts shall be limited to the relevant fee(s) paid by the customer.

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by Rosarts and validated by the customer’s signature on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and this Design Policy and forms a Contract for Business between the signatory and Rosarts.