The Ross Design Policies

Below are the The Ross Design™ (“The Ross Design™”, “we”, “us”, “the designer”) standard terms and conditions for all projects.
If you do not agree with them, we prefer not to work with you as we believe these to be fair, equitable and reasonable for both sides of contractual obligations. If you have exceptions you wish to discuss, please do so at the beginning of the project otherwise your agreement at the commencement of any project where you tick the terms and conditions agreement box on all forms with constitute full and total agreement with these terms. Unless otherwise stated these policies form the basis of every/all contract/s between The Ross Design™ and our client/s. The policies, terms and conditions set forth are a result of Galen Ross working with clients over a period of 19+ years and are specifically designed to manage expectations and desired outcomes, explain intellectual property (IP) issues and protect both you “the client” and The Ross Design™ from unfair practices.
It is vital that you (“The User”, “The Client”) take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you agree to commence any project with The Ross Design™. Please also note that from time to time The Ross Design™ may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms or conditions in this document.
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Communication with The Ross Design®
The Ross Design™ can be reached by telephone from Monday to Friday between 9am and 8pm (Eastern Standard time EST) on 404.883.6488, however we do agree to take any creative direction alterations of scope or another legal or contractual obligation via telephone. All communications that are legally binding must be in writing via email.
All work requests must be in clear, concise writing, via email. This means that “The Client” and The Ross Design™ can look back over emails for clarification if needed.
Client revisions should be, to avoid any confusion, in a single document or email (if possible), in a legible, easy to understand manner Changes sent through in 10 different emails in a disorganized or hard to understand manner will result in confusion on both sides.
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Commencement of work
These Terms and Conditions govern your access and use of The Ross Design™ website at TheRossDesign.com. By accessing or using The Ross Design™ website you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of The Ross Design™ website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions, under Australian Law.
Agreement to work with, and submission of a design brief and payment of deposit to, The Ross Design™, constitutes agreement to these terms and conditions. All online forms that clients complete have a required component at the end of the form that “The Client” must read and agree to these terms and conditions.
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Intellectual Property Rights
Except for the copyright in these Terms and Conditions of use, The Ross Design™ assert copyright and all other intellectual property rights in this website, unless otherwise stated.
The Ross Design™ also reserve copyright and all other intellectual property rights in all our documents and images appearing on or linked to this web site.
Except where allowed in this notice or permitted under the Copyright Act 1968 (Cth) or other applicable laws, no information appearing on or linked to by this web site in which we have reserved copyright shall be reproduced in any form, adapted or transmitted in any form by any process, including electronic form, without our express permission.
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Payment terms and Conditions
“The Client” agrees to pay:
• 50% non-refundable deposit of the quoted amount to commence the design project.
• 50% is due on the day of Project Completion, or Live Site Date.
The project deposit is non-refundable, and if a project is cancelled by “the client”, for whatever reason, the deposit will serve as a cancellation fee, along with a prorate payment based upon the time spent if it exceeds 50% of the quoted work.
In the case of a change of mind by “The Client” this deposit is non-refundable. The Ross Design™ endeavors to provide graphic and web design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” by “The Client”, the initial 50% deposit is forfeited and acts as a cancellation fee, plus a prorate payment based upon the time spent. The deposit is to ensure The Ross Design™ allocates time in the schedule to create work for “the client”.
All printing accounts must be settled in full prior to the release of the files to the printer and the files will be sent directly to “the client”.
Any account not paid within the time specified on the invoice will be liable for interest at the rate of 16% per annum and such interest will be added to the account (capitalized) at the end of each month and form part of the principal debt.
Any account outstanding for more than sixty (60) days, client(s) are liable to meet in full the seller’s debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees), travel, travel expenses, and such recovery fees will be added to the buyers account and form part of the principal debt.
No final artwork or files will be delivered until final invoices are paid in full. Payment by check will entail waiting for clearance before supply of files. Copyright is not transferred until all invoices are paid in full, with no exceptions.
Delivery consists of the following:
• supply of final artwork digital files to printer
• via email to nominated email account
• uploaded to nominated ISP (as in the case of web design and development)
Construction files (unused concepts, revision files, fonts, Photoshop layered files, Adobe Illustrator files) remain the property of The Ross Design™.
Termination of Services Due to Non Payment Clause
The Ross Design™ may discontinue services if an amount payable to The Ross Design™ is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, “The Client” remains liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. If the invoice remains unpaid, copyright on all work remains with The Ross Design™ and we will sell the artwork in a library on from our site to recover lost revenue and outstanding costs.
Project Duration and Client Response Time
“The client” agrees to provide timely responses to The Ross Design™ after receiving status notifications, work for review or requests for information.
The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, The Ross Design™ will deem the project complete. At such time, The Ross Design™ shall have no further obligation to the client, and the client shall pay The Ross Design™ all fees and expenses associated with the work performed.
The Ross Design™ will use all reasonable efforts to meet quoted completion dates. However, time is not the essence of the Contract and we will not be liable in cases of late reporting, however caused, nor shall lateness be deemed to be a breach of Contract or an act of negligence.
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Client Professional Courtesy
The Ross Design™ takes pride in professional courtesy and manners and hope our clients do too. “The Client” agrees to behave through all communications in a professional, courteous and respectful manner towards designers and staff at The Ross Design™. Any actions toward staff or designers at The Ross Design™ deemed by us as disrespectful, unprofessional, abusive, bullying or verbal/written cruelty on the part of “The Client” may result in a cancellation of the project and the deposit will serve as a cancellation fee, along with a prorate payment based upon the time spent if it exceeds 50% of the quoted work.
Actions that may result in cancellation of the project may include: insulting language, profanity, unwarranted criticism of the designer’s general ability, disrespectful comments, personal insults, swearing, flaming on social media sites, personal insults, threats not to pay for the work for unwarranted reasons, bullying behavior toward junior staff and general lack of respect. Please note: It would be extremely rare for The Ross Design™ to use this clause, and the client behavior would have to be extreme and affect other areas of our staff and designers’ work.
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Design samples (if applicable)
“The Client” agrees to supply for free, in addition to fees for service, any number up to 10 of digital samples of every item produced for “The Client” by The Ross Design™ during the course of this project (quantity to be specified by us). “The Client” also agrees to allow a small credit with a link to the front page at TheRossDesign.com on the footer of any/all pages designed by The Ross Design™. Removal of this credit constitutes a breach of these terms and conditions.
“The Client” also agrees to allow The Ross Design™ to showcase any/all work created in the course of a project as part of The Ross Design™ portfolio, including unused concepts. The Ross Design™ acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commenced.
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Force Majeure
The Ross Design™ shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of The Ross Design™ including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
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Fees for service
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement which is known as the quote form submission and or the brief form submission. Wherever possible the client will be notified of increases in the scope of the project. “The client: agrees to pay additional fees for work requested beyond the scope of the brief submission and or the quote submission. The Ross Design™ will endeavor to inform you of this increase, but be aware that this may not always be possible and so it will appear on your final bill if you do request additional work.
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Excess work
This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorized representative of “The Client”.
Changes to any projects completed (Design corrections) or part completed requested by the client or any other part beyond our control; will be charged to the Client on a time basis at of $50 (Fifty dollars) per hour.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Publication and/or release of work performed on behalf of the client by “The Ross Design™” may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
In the case of time billed work, we keep very accurate logs of time on projects and these are provided in the client invoice.
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Liability & Litigation
It is agreed that all work and materials provided for “The Client” by The Ross Design™ without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
It is agreed that “The Ross Design™” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.
Under no circumstances shall The Ross Design™ be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the Supplies prepared by The Ross Design™ including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the Supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, et.. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Indemnity: “The client” agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including lawyers’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.
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Approval of Final Artwork
While The Ross Design™ takes all care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. “The Client” to proof read and approves all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.
PRINT RETURNS AND REFUNDS
It is agreed that The Ross Design™ is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. The Ross Design will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify The Ross Design™ of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform The Ross Design™ within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
As with all print projects, payment for re-printed project MUST be prepaid.
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Print – Color Variations
With all printing there may be some color variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of The Ross Design™.
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Copyright & Granting of Rights
The Ross Design™ retains full ownership of design concepts and materials it produces in the course of a project. Once a final concept is delivered to a client and full payment for the entire package, unless otherwise states, is received, the final files will be transferred to the client and they will retain usage and ownership for purposes outlined in the project invoice. Upon full payment, the client shall be granted ownership/usage of the final artwork as specified in the original quote/invoice. If an invoice is outstanding for more that 60 days The Ross Design™ will place the item for sale on an image library or our website to recovered outstanding costs.
Unused concepts remain the property of The Ross Design™. The Ross Design™ may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, The Ross Design™ retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment The Ross Design™ retains ownership of all artwork and website architecture. The Ross Design™ reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, color palettes and other non exclusive items.
The Ross Design™ reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of The Ross Design™ all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by The Ross Design™ shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’, copyright will remain property of The Ross Design™ until such time an agreement is in place. As part of The Ross Design™ terms of business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work. The Ross Design™ reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting The Ross Design™ in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
Any material supplied to The Ross Design™ by “The Client” in the project brief or duration of the project shall be free of copyright restrictions, owned by or licensed to “the client” for use by The Ross Design™ for use course of the project. The Ross Design™ will not be liable for any intellectual property or copyright issues resulting from the use of client supplied resources.
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Web Design Compatibility
Platforms:
• Windows (version 98 up to current full version)
• Macintosh (OS 10.1 up to current full release version)
Browsers:
• Internet Explorer- version 8 up to current full release (we do not support IE6 or 7)
• Firefox 2 up to current full release
• Apple Safari- version 4 up to current full release
• Google Chrome
Browser Plug-ins:
• Current version of Flash Player
• Windows Media Player
• QuickTime
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Goodwill
This proposal assumes goodwill from both The Ross Design™ and “The Client” regarding:
• What can reasonably be achieved in a given time frame
• Making best use of resources to achieve the most effective outcomes
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Resending Uploading Files
If a client loses or accidentally deletes the files delivered by The Ross Design at the completion of the project, The Ross Design can re-upload to Drop Box, for a fee of $15 per request.
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Artwork on DVD or USB Drive
We digitally send all artwork. We do not send artwork on USB drives or CDs or DVD’s.
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Website design credit
“The Client” agrees to allow “The Ross Design™” to place a small credit on printed material exhibition displays, advertisements and/or a The Ross Design™’s own website on the customer’s website. This will be in the form of a small logo or line of text placed towards the bottom of the page.
“The Client” also agrees to allow “The Ross Design™” to place websites and other designs, along with a link to the client’s site on “The Ross Design™’s” own website for self promotional purposes.
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Termination policy
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to The Ross Design™. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by The Ross Design™ and the client by negotiation) a prorate payment is payable for time spent up until cancellation notice, at an hourly rate of $100 per hour plus GST.
If a project is cancelled by The Ross Design™, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by The Ross Design™. We reserve the right to sell artwork to cover costs.
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Website design post- completion alterations
Once web design is complete, “The Ross Design™” will provide the customer with the opportunity to review the resulting work. “The Ross Design™” will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to “The Ross Design™” by e-mail and confirmed by post.”The Ross Design™” will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. An hourly fee after this time for tweak and amendments is payable of $50.
In the case of e-commerce sites, The Ross Design™ provides basic training to “The Client” for the ongoing self-maintenance of their web design project prior to handing over the web design project.
Where “The Client” requires additional support including replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, blogs, navigation structure changes or attempted updates by Client repairs, major page code and/or graphics changes and additions will be charged at our standard hourly rate. (Notice: As at 1 January 2015 this rate is $50.00 per hour.
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Confidentiality
It is agreed that employees of “The Ross Design™” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
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Late payments & Default
Any account outstanding for more than sixty (60) days Client(s) are liable to meet in full the seller’s debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees), travel, travel expenses, and such recovery fees will be added to the buyers account and form part of the principal debt.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by “The Ross Design™”, unless prior arrangements have been made. “The Ross Design™” shall at its sole discretion suspend any and all services provided to the client by “The Ross Design™” or its subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services ordered, including, but not limited to design; hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
Any account not paid within the time specified on the invoice will be liable for interest at the rate of 16% per annum and such interest will be added to the account (capitalized) at the end of each month and form part of the principal debt.
Any account outstanding for more than sixty (60) days Client(s) are liable to meet in full the seller’s debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees), travel, travel expenses, and such recovery fees will be added to the buyers account and form part of the principal debt.
“The Ross Design™” retains all copyright for work performed until full project costs have been paid. “The Ross Design™” reserves the right to reuse or resell work undertaken in the case of payment default.
“The Ross Design™” accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
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Amendments to these Terms and Conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client “and signed by an authorized representative of “The Ross Design™” prior to the commencement of work outlined in this submission.
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Freelance contractors and confidentiality
All contractors employed by “The Ross Design™” are held to a strict confidentiality and non-disclosure agreement. Contractors of “The Ross Design™” are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with “The Ross Design™”. If this was to be breached by the contractor “The Ross Design™” will take swift and reparatory measures to ensure the “The Client” is made aware that the contractor in question is no longer a representative of “The Ross Design™” and acting independently. Furthermore the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.
“The Ross Design™” aims for complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict “The Ross Design™” guidelines of professional behavior and ethics.
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Newsletter Mailing
“The Client” will automatically be added to our Newsletter database. If “The Client” does not wish to receive these newsletters please opt out on receipt of newsletter.
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Disclaimer
Graphic design, web design, and display advertising are all highly creative and subjective art forms. As such The Ross Design™ take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the The Ross Design™ cannot be held responsible for variations between expectation and outcome.
All information contained in this website is intended for general information purposes only. The information is provided by The Ross Design™. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. The Ross Design™ will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. The Ross Design™ has no control over websites that are linked to on this website. Those third party websites are under the control of their owners, and The Ross Design™ will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.