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Terms and conditions

Below are the RSF Studios (RSF Studios, RSF Studios, "RSF", "we", "us", "the designer") standard terms and conditions. Unless otherwise stated these form the basis of all contracts between RSF Studios and our clients. The terms and conditions set forth are specifically designed to manage expectations and outcomes, explain intellectual property (IP) issues and protect both you The Client and RSF Studios.

It is vital that you ("The User", “The Client”, The Client) take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with RSF Studios. Please also note that from time to time RSF Studios may need to alter these terms and conditions without notice.

It is your responsibility as the client to make sure that you read and stay up to date with our terms and conditions. Please contact us if you do not understand any of the terms or conditions in this document.

These conditions, which are construed under Australian Law, are applicable to RSF Studios and should be read in conjunction with other documents and/or the correspondence comprising our quote, order or invoice, which are emailed to you as a PDF document.

Communication With RSF Studios

RSF Studios can be reached by telephone from Monday to Friday between 9am and 5pm (Brisbane Australia time AEST) on 0450 236 002. The majority of designer/client communication is normally via email, which assists all parties to keep track of correspondence. RSF Studios will not take design instruction or changes via telephone. All work requests must be in writing, via email or via forms on our website. This means that The Client and RSF Studios can look back over emails for clarification if needed.

Commencement of work

These Terms and Conditions govern your access and use of the RSF Studios website at rsfstudios.com. By accessing or using the RSF Studios 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 RSF Studios website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions.

Agreement to work with, and submission of a design brief and payment of deposit to RSF Studios 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. Please do not click the affirmative if you have not read these.

Intellectual Property Rights

Except for the copyright in these Terms and Conditions of use, RSF Studios assert copyright and all other intellectual property rights in this website, unless otherwise stated.

RSF Studios 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.

Delivery

Supply of final artwork digital files to printer will be on disk to nominated address, via email to nominated email account or 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 RSF Studios unless arranged otherwise.

Project Duration & Client Response Time

Project Duration and Client Response Time The Client agrees to provide timely responses to RSF Studios 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, RSF Studios will deem the project complete. At such time, RSF Studios shall have no further obligation to the client, and the client shall pay RSF Studios all fees and expenses associated with the work performed.

RSF Studios 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.

The Client Agrees To Pay

The Client agrees to pay:

100% upfront.

The payment is non-refundable, and if The Client cancels a project, for whatever reason, 50% will serve as a cancellation fee, along with a prorata payment based upon the time spent.

In the case of a change of mind by The Client this payment is non-refundable. RSF Studios endeavors to provide graphic and web design services that meet and exceed a client's needs and expectations, but in the even of a "change of mind" by The Client, 50% acts as a cancellation fee, plus a prorata payment based upon the time spent.

All printing accounts must be settled in full prior to the release of the files to the printer.

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.

Termination Of Project Due To Non Payment Clause

RSF Studios may discontinue services if an amount payable to RSF Studios 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.

Design Samples

The Client agrees to supply for free, in addition to fees for service, any number up to 10 of printed samples of every item produced for The Client by RSF Studios 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 rsfstudios.com on the footer of any/all pages designed by RSF Studios. Removal of this credit constitutes a breach of these terms and conditions.

The Client also agrees to allow RSF Studios to showcase any/all work created in the course of a project as part of RSF Studios portfolio. RSF Studios acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.

Force Majeure

RSF Studios 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 RSF Studios 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.

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. Wherever possible the client will be notified of increases in the scope of the project.

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 Supplies completed (Authors’ 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 $100 (One hundred dollars Australian) per hour + GST.

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 RSF Studios 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 client terminates the contract, after work has commenced.

Liability & Litigation

It is agreed that all work and materials provided for The Client by RSF Studios will be free and clear of all liens and encumbrances and may be lawfully used by The Client 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 RSF Studios 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 RSF Studios 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 RSF Studios 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, etc. 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.

Approval Of Final Artwork

While RSF Studios takes all care to avoid errors; RSF Studios accepts no responsibility for typographical errors, legal spelling mistakes, or incorrect information on any project committed to print or production. RSF Studios is not responsible for investigating copyright or trademark matters for The Client. The Client must ensure that all material used (for their print material and for their website) is legally usable. In the scenario that The Client agrees for RSF Studios to script complimentary content for their websites, it is The Clients responsibility to proof the complimentary content written by us to ensure that it abides by legal laws obligatory to your industry. The Client agrees to proof read and approve 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 & Refunds

It is agreed that RSF Studios 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. RSF will not be held responsible for any changes or amendments made after approval. It is the sole responsibility of the client to notify RSF Studios 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 RSF Studios 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.

Print – Colour Variations

With all printing there may be some colour 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 RSF Studios.

Copyright

In accordance with the Australian Copyright Council the production of any original design work automatically deems RSF Studios the author and therefore the owner of such work. Ownership pertains to all original electronic files only. The Client is entitled to use the design work for the purposes for which it was created. Any other usage not discussed will need to be negotiated. If the company requires original electronic files it must be negotiated with RSF Studios and will incur additional fees.

RSF Studios 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 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 obtain ownership/usage of the final artwork as specified in the original quote/invoice.

Unused concepts remain the property of RSF Studios. RSF Studios may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, RSF Studios 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 RSF Studios retains ownership of all artwork and website architecture. RSF Studios reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, color palettes and other non-exclusive items.

RSF Studios reserve the right to use stock images, fonts, and other stock digital goods 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 RSF Studios 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 RSF Studios 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 RSF Studios till such time an agreement is in place. As part of RSF Studios terms of business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work. RSF Studios 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 RSF Studios in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise. Any material supplied to RSF Studios 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 RSF Studios for use course of the project. RSF Studios will not be liable for any intellectual property or copyright issues resulting from the use of client supplied resources.

Goodwill

This proposal assumes goodwill from both RSF Studios 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.

Resending/Uploading Files

If a client loses or accidentally deletes the files delivered by RSF Studios at the completion of the project, RSF Studios can re-upload to FTP, for a fee of $50 per request (plus GST if applicable).

Artwork On DVD Or USB Drive

If any client artwork is required on CD/DVD, an administration fee of approximately – $50 plus courier/postage will be payable.

Website Design Credit

The Client agrees to allow RSF Studios to place a small credit on printed material exhibition displays, advertisements and/or a RSF Studios 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 RSF Studios to place websites and other designs, along with a link to the client's site on RSF Studios own website for self promotional purposes.

Web Design Post-Completion Alterations

Once web design is complete, RSF Studios will provide the customer with the opportunity to review the resulting work. RSF Studios 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, colour schemes or any navigation features. Any minor changes can be notified to RSF Studios by e-mail and confirmed by post. RSF Studios 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 $100 AUD plus GST if applicable. In the case of e- commerce sites, RSF Studios provides basic training to The Client for the ongoing self-maintenance of their web design project prior to handing over the web design project. Unlimited access to our online client tutorials is also supplied.

Where The Client requires additional support including replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbook’s, 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. As at 3 April 2013 this rate is $100.00 including GST and can change at any time without notice.

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 RSF Studios. 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 RSF Studios and the client by negotiation) a prorata 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 RSF Studios, 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 RSF Studios.

Confidentiality

It is agreed that employees of RSF Studios 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.

Late Payments & Defaults

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.

RSF Studios shall consider an account in default, unless prior arrangements have been made. RSF Studios shall at it's sole discretion suspend any and all services provided to the client by RSF Studios or it's 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.

RSF Studios retains all copyright for work performed until full project costs have been paid. RSF Studios reserves the right to reuse or resell work undertaken in the case of payment default. RSF Studios 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.

Amendments To These Terms & 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 RSF Studios prior to the commencement of work outlined in this submission.

Freelance Contractors & Confidentiality

All contractors employed by RSF Studios are held to a strict confidentiality and non-disclosure agreement. Contractors of RSF Studios are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with RSF Studios. If a this was to be breached by the contractor RSF Studios will take swift and reparatory measures to ensure The Client is made aware that the contractor in question is no longer a representatives of RSF Studios and acting independently. Furthermore the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.

RSF Studios aim 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 RSF Studios guidelines of professional behavior and ethics.

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 receivable of newsletter.

Website/Logo Ownership Rights

Your website, logo or any other work that RSF Studios has done for you will automatically be put into your name and sent to you on a disc (if requested) when these terms and conditions have been signed and full payment has been received as stated in your invoice.

Disclaimer

Graphic design, strategy, photography and marketing are all highly renowned procedures in accordance with the Australian Copyright Council the production of any original design work automatically deems RSF Studios the author and therefore the owner of such work. Ownership pertains to all original electronic files only. The Client is entitled to use the design work for the purposes for which it was created. Any other usage not discussed will need to be negotiated. If the company requires original electronic files it must be negotiated with RSF Studios and will incur additional fees.

RSF Studios 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 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 obtain ownership/usage of the final artwork as specified in the original quote/invoice.

Unused concepts remain the property of RSF Studios. RSF Studios may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, RSF Studios 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 RSF Studios retains ownership of all artwork and website architecture. RSF Studios reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, color palettes and other non-exclusive items.

RSF Studios reserve the right to use stock images, vectors, templates and other subjective art forms. As such RSF Studios take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the RSF Studios cannot be held responsible for variations between expectation and outcome.

RSF Studios do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on or accessed through our website.

RSF Studios make no warranty that the use of information contained in our website will meet your requirements. 

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