New Client Terms and Conditions Form
- ‘The Client’ is the party making a booking for design related services from Rise and Roar Design.
- ‘A project’ is a term used to describe a service from Rise and Roar Design.
- The terms and conditions apply to all dealings between The Client and Rise and Roar Design. By requesting services from Rise and Roar Design, you as a Client are forming a legally binding contract for services and you agree to the following terms and conditions.
- The below conditions have been constructed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of Rise and Roar Design, its contractors, subcontractors and employees unless otherwise agreed to in writing by both parties. At Rise and Roar Design, we aim to do our best to fulfil your needs and meet your goals.
- Entering into this agreement you agree to provide Rise and Roar Design with everything we require to complete all projects including text, images and other information as and when we need it, and in the format that we ask for. You also agree to review our work, provide feedback and sign-off approval in a timely manner. You also agree to align to the payment requirements as set out below. By emailing your approval to proceed with a quotation, you as The Client and/or its representative, agree to these ‘Terms and Conditions’.
- You also agree that these ‘Terms and Conditions’ will apply to any additional work/projects requested by you or a member of your company/organisation. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them.
- All prices are excluding GST unless otherwise stated. All prices are in Australian Dollars. Any additional work outside the terms of the quote will be charged at an hourly rate of $85+gst per/hour.
- Rise and Roar Design is not responsible for increases in materials by third party services such as printers.
- A 50% non-refundable booking deposit is required before starting any design project.
- Payments are to be made by bank deposit transfer.
- All overseas clients are required to pay 100% upfront regardless of the project price.
- Paypal is only accepted by overseas clients at a 3% fee.
- All invoices are due 5 business days from the date of invoice
- Accounts which are not paid on time will incur a late administration fee of $50 + GST.
- Accounts which remain outstanding 14 days and over after the date of invoice will incur an additional payment fee equivalent to 5% of the projects costs for each week payment is outstanding.
- Final artwork files will not be handed over until the invoice has been paid in full.
- All printing invoices must be paid prior to sending the artwork to print.
- All work not completed within a 2 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’.
- If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors)
- The Client may cancel this Agreement by providing a minimum of 10 days written notice to Rise and Roar Design, any deposit paid prior to cancellation is non-refundable.
- Rise and Roar Design may cancel this Agreement at any time for any reason by providing written notice to The Client. In the event that Rise and Roar Design cancels this Agreement, Rise and Roar Design will provide any artwork completed and paid for to date.
- Rise and Roar Design is an online business therefore the majority of communication is made via email, which helps Rise and Roar Design keep track of specific design requirements amd any changes required. If the Client would like to talk on the phone or via Zoom Rise and Roar Design are happy to do so, however an email must be sent to Rise and Roar Design to make an appointment.
Copyright and Credit
- The Client assumes full copyright and reproduction rights upon full payment of a completed project.
- Rise and Roar Design retains the right to use completed projects and concept artwork for the purpose of marketing Rise and Roar Design on platforms such as the Rise and Roar Design website and social media platforms.
- All images displayed on the Rise and Roar Design website, Facebook or Instagram page are subject to copyright and must not be copied or used without full permission from Rise and Roar Design and the Client.
- The Client agrees to allow Rise and Roar Design to display their name as credit on all websites designed by Rise and Roar Design.
- Rise and Roar Design will make every effort to meet deadlines. All quoted turnaround times are approximate.
- Rise and Roar Design will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.
- Approval is required for all projects, via email prior to work being finalised.
- Whilst every effort has been made for accuracy, The Client's approval to proceed on artwork constitutes acceptance of full responsibility for any errors and omissions within the artwork / document. Rise and Roar Design will not accept liability for errors overlooked after approval is made and final artwork is provided or printing is arranged. Any changes after final approval will be an additional charge at the standard hourly rate.
Images and Colour
- Some designs may contain stock images that are available for purchase.
- Any images supplied by the Client must be provided in high resolution (300dpi).
- Colour on projects may vary from screen to final product. Screen proofing is not indicative of final printed piece. Printed colours may vary from printer to printer, job to job due to the nature of the CMYK printing process.
- Rise and Roar Design reserves the right to use the Client’s website, associated graphics and any unused ideas and development in the promotion of Rise and Roar Design’s services. The Client agrees to allow Rise and Roar Design to retain a credit and link from the footer of the website.
- Rise and Roar Design makes extensive use of Squarespace and WordPress to supply websites and services to the Client. Rise and Roar Design will not charge additional licencing fees on top of Squarespace's existing pricing.
- All software and components not developed by Rise and Roar Design retain the original licence and terms associated with them. Rise and Roar Design cannot assign any rights to the Client and the Client agrees to be bound by the original Author’s terms.
- Rise and Roar Design’s websites are tested against standard devices and the latest versions of browsers on the latest operating systems at the date of publishing the website.
Limitation of Liability
- In no event shall Rise and Roar Design’s Designers, Directors, Employees and Contractors be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Rise and Roar Design.
Purchased Themes and Other software
- Rise and Roar Design takes no responsibility for the quality of purchased or leased themes, plugins and other software (defined as purchased software), assumed to be of a professional quality. If software is supplied with bugs and defects, Rise and Roar Design will not be liable for fixing them.
Data, Security and ongoing management
- If the Client does not proceed with an additional or Ongoing Management agreement for the website, the Client is responsible for Ongoing Management of the website and indemnifies Rise and Roar Design against any loss or damage arising directly or indirectly from website downtime or security breaches.
Search Engine Optimisation (SEO)
- A preliminary level of SEO configurations will be performed that include meta descriptions, alt tags and page titles. Additional or ongoing SEO management including analytics will remain the responsibility of The Client who may need to seek special or specific advice/reports to further enhance ranking capabilities.
- If the Client or their agent or contractor employed by the Client other than Rise and Roar Design attempts to update, edit or alter the site’s pages, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, time to repair web pages will be assessed as an additional cost at an hourly rate. In no event shall Rise and Roar Design be liable for any lost data or content, lost profits or business interruption caused by additional changes made to the site from what has been supplied.
Domain Names and Hosting
- All domain names are legally owned by the Client. All domain name registrations are subject to availability and registration rules. The Client manages their domain(s) and payment of fees.
- The Client indemnifies Rise and Roar Design against any loss or damage arising directly or indirectly from any failure of services provided by the Registrar who manages the Client’s domain names.
- The Client is responsible for contacting the chosen host for support relating to hosting matters. Rise and Roar Design will charge for costs incurred liaising with the hosting company and supporting the Client with hosting related issues.
- If a domain and hosting is required to be transferred to to platform Rise and Roar Design works with (Squarespace), this will be an additional cost as the quoted amount in the package is for a newly purchased domain name and website hosting.