Terms and Conditions Dutch Rose Design
Please read the following terms and conditions carefully, as by accepting any quotation provided by, and therefore hiring Dutch Rose Design, it is deemed that the client has read and agreed to Dutch Rose Design’s terms and conditions as outlined below.
- Dutch Rose Design’ or ‘Dutch Rose’ means Martine McGurgan trading as ‘Dutch Rose Design’ or ‘Dutch Rose’
- ‘Client’ means a person/s or company who engages Dutch Rose Design for graphic and web design and related services
- ‘Quotation’ means the design quotation provided to the client in writing by Dutch Rose Design
- ‘Project’ means the scope and purpose of the client’s identified usage of the work product as described in the quotation
- ‘Service’ and ‘services’ means the service/s to be provided to the client by Dutch Rose Design, as described and otherwise further defined in the quotation
- ‘Deliverables’ means the end product/s to be delivered by Dutch Rose Design to the client, in the form and media specified in the quotation.
All Quotations are provided by Dutch Rose Design free of charge and are valid for 30 days from the date of issue. Quotations that are not accepted within the time identified may be subject to amendment. All prices are in Australian Dollars. Additional work which is outside the original scope and not provided for in the original quotation is charged at an additional hourly rate of $75 per hour plus GST.
- INVOICES & PAYMENT
An invoice will be issued to the client for all work to be completed by Dutch Rose Design. All invoices are payable within 7 calendar days of the date of issue unless otherwise agreed. An up-front 50% deposit is required prior to commencing any project. Work on the project will begin once the 50% deposit has been received. Clients residing outside of Australia are required to make payment in full prior project commencement. Payment is required in full prior to releasing high-resolution digital files, and/or supplying files for offset or digital printing, and/or publishing websites. The client is responsible for all debt collection fees, legal fees and court fees that may be incurred as a result of the client’s failure to pay invoices within 7 calendar days of the date of issue.
Payments made by credit or debit card may incur a surcharge of up to 1.9%
- CONFIDENTIAL INFORMATION
Dutch Rose Design and the client both acknowledge that during business dealings they may receive certain confidential information and materials of the other party. Each party, including its agents and employees, agrees to hold and maintain in strict confidence all confidential Information and shall not disclose confidential Information to any third party or use any confidential Information except as may be necessary to perform its obligations under the Quotation, and as may be required by a court or governmental authority. Confidential Information does not include any information that is in the public domain or becomes publicly known through no fault of the receiving party or is otherwise properly received from a third party without an obligation of confidentiality.
Every possible arrangement is made by Dutch Rose Design to meet required deadlines. Additional charges may apply if Dutch Rose Design is required to work outside of normal business hours in order to meet deadlines. It is the client’s responsibility to notify Dutch Rose Design of deadlines in writing prior to the commencement of the project. Dutch Rose Design will not be liable or held responsible for any deadlines not met, or any costs incurred as a result, due to circumstances beyond Dutch Rose Design’s control, such as illness, injury, client delay, or third-party or sub-contractor turnaround times. Final approval of artwork must also be provided to Dutch Rose Design in writing before any work is released – verbal approvals cannot be accepted.
All concepts created by Dutch Rose Design are presented in low resolution draft format for on-screen proofing. High resolution files are only released once full payment is received. Dutch Rose Design exercises reasonable effort to proof and test deliverables prior to presentation. All concepts presented by Dutch Rose Design are created to the very best of Dutch Rose Design’s ability and knowledge. The client must confirm in writing that they approve or require revisions to supplied proofs, within 7 days of receipt of proofs.
Any and all corrections, changes or amendments to a project must be provided to Dutch Rose Design in writing. Each quotation allows the client three rounds of minor revisions to their project unless otherwise specified. Any revisions not nominated in the two rounds of minor revisions, or otherwise accounted for in the quotation, are charged at an hourly rate of $75 per hour. Revisions deemed by Dutch Rose Design to take more than 50% of the time required to produce the deliverables, are considered substantial revisions and are charged at an hourly rate of $75 per hour ex. GST. Should the client choose not to proceed with the project, an invoice will be issued for work completed up to that date.
- ERRORS & OMISSIONS
The client is responsible for proof reading and identifying any errors or omissions, prior to final approval. Final artwork is not released to the client or third parties (printers, publications etc.) until final approval of artwork is provided to Dutch Rose Design in writing – verbal approvals are not accepted. Should the client request a project reprint, the client is solely responsible for payment of all associated costs. Dutch Rose Design does issue credit or refunds.
- OFFSET & DIGITAL PRINTING
Files provided by the client to Dutch Rose Design for use in high quality print reproduction must be supplied as CMYK and at a minimum resolution of 300dpi at actual size. Additional charges may apply where Dutch Rose Design is required to manipulate and convert client supplied files to ensure they are press-ready. Dutch Rose Design checks all images supplied, and will advise the client of reproduction quality, colour and stock. The client accepts that Dutch Rose Design is not responsible for any client supplied images that do not print as expected. Due to variations in computer settings, on-screen colour proofing may differ between monitors and devices, and can differ from the final printed result. The Client acknowledges that on-screen proofing is not an accurate representation of the final printed project and that Dutch Rose Design cannot be held liable for any cost of reprint or reproduction due to any colour variations that may occur between on-screen proofs and the final printed outcome. Colour accuracy is best determined at the chosen print company, by the production of pre-press calibrated high-resolution proofs. Such colour-accurate hard copy proofs may attract an additional cost. Prices are available upon request. Dutch Rose Design will upon request press-check projects where feasible to help ensure consistency and the best possible printed outcome. The client accepts that Dutch Rose Design is not responsible for any print inaccuracies that may arise.
- FILE FORMATS
Dutch Rose Design does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop and so on). High-resolution PDF’s of a completed project will be supplied upon final payment. Dutch Rose Design securely backs up and stores all completed projects and associated files. Should the client request the supply of any files more than 3 months after project completion, a small retrieval fee may be incurred. Artwork and files required to be burnt to disc or USB storage incur a fee of $25 per disc/storage device.
- USE OF IMAGES
Dutch Rose Design cannot use images that violate copyright. Client supplied images must be sourced from reputable stock photography libraries, or the client must be the copyright holder or have written permission from the copyright holder to use the image/s for commercial purposes. Dutch Rose Design can source professional stock photography as required. Professional stock photography that is not accounted for in the initial quotation attracts an additional cost which is payable by the client.
- INCOMPLETE & CANCELLED PROJECTS
The client shall notify Dutch Rose Design of any corrections, changes or amendments to be made within 7 calendar days of receipt of each proof. Should the Client fail to contact Dutch Rose Design within the required timeframe of receipt of proof/s, and inform Dutch Rose Design of any corrections, changes or amendments, or of final proof approval, Dutch Rose Design reserves the right to consider the project finalised, and issue an invoice for payment of work completed. In the event of a project termination by either party, Dutch Rose Design will issue an invoice for all work completed up to the date of cancellation, and payment of this invoice is required by the Client.
- ADDITIONAL COSTS
On-site consultations are charged at $75 per hour ex. GST unless otherwise specified. Travel time and associated costs for on-site consultations may also be calculated as an additional cost. Client will be informed of any other cost associated with a project but not quoted for in writing and will be invoiced for such additional cost.
Dutch Rose Design retains the right to publish and display any client projects in Dutch Rose Design’s portfolio, website, periodicals, social media and other media or exhibits.