1/1

Terms of Service

Estimate Acceptance & Submission of Deposit


At the time of proposal, ROCKTOPUS® will provide the customer with a written estimate or quotation by email or via PayPal invoicing for Business. These Terms and Conditions can be read at any time on the ROCKTOPUS® website here at www.rocktopus.biz, and/or www.rocktopusdesign.com/terms. Alternatively in some cases when requested, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions. For the avoidance of doubt, the ROCKTOPUS® Terms & Conditions shall govern the project, not any conditions on the client’s purchase order. A link to this page is provided in the terms section of each estimate or invoice. Receipt of your deposit confirms that you have read this page & that you agree to these terms. Receipt of your deposit confirms that you have read this page, accept the price quotation of the estimate provided & that you agree to these terms.




Payments & Deposits


We accept all major credit/debit cards, as well as direct bank transfers via PayPal. You do not need a Paypal account to pay us via credit card. We also accept all major credit cards via our WIX Payments e-commerce platform on this website. All credit card payments will be subject to a 2.9% processing fee. We are transparent about our pricing, so that you remain aware of the time involved for each project. If other companies or contractors are not charging you these fees, it is simply because they are rolling it into their cost, similar to how one would add a value-added tax (VAT) without specifying. Cost for services rendered by ROCKTOPUS® will be set out in the written estimate or quotation provided to the customer. A non-refundable deposit payment of 50% of the total quoted amount is due prior to the beginning of your project. This deposit is non-refundable, as ROCKTOPUS® will begin rendering these services upon receiving your payment. Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. Client agrees to pay the remaining balance in one payment, unless otherwise discussed. This does not apply to payments in the form of a recurring payment plan which are due upon each monthly recurring billing date.This balance is due when final design is approved but before it is delivered; The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to use of all Intellectual Property and/or materials rendered and/or developed by ROCKTOPUS®. This remaining balance must be paid within 7 business days in order to avoid late fees.

Cost for any additional services requested and rendered during the project which are above and beyond the estimated time or out of project scope, must be paid in full (100% of the quoted amount) at the time of estimate or quotation acceptance. An additional invoice will be supplied to you and must be paid prior to release of the intellectual property and/or materials relevant to the additional service requests.




Intellectual Property & Rights of Ownership


You, the Client, have ownership of the final project for use in any media application which may be beneficial to your business. Upon payment in full, the Client will be granted with full ownership of their project for use. ROCKTOPUS® personally holds an interest in the Intellectual Property described below in this section of the Terms & Conditions. Client understands that the finalized project belongs to ROCKTOPUS® & that this Intellectual Property will not be released to the Client until balance for the project is paid in full. In the event of termination of the Agreement via cancelation or termination of the project, ROCKTOPUS® fully owns this intellectual property and has the right to complete, exhibit, alter, and/or sell the design (not including the Client's business name or likeness).

Client understands that only when the final invoice is paid in full, does the Client have the rights to use the design, verbiage/copywriting, website materials, stock photography and/or all other intellectual properties displayed within the project provided in all media useful for business promotion.

Development of Intellectual Property: Any improvements to Intellectual Property items included in the project, further inventions or improvements, and any new items of Intellectual Property discovered or developed by ROCKTOPUS® (or ROCKTOPUS®'s employees, if any) during the term of this agreement shall be the property of the Client when paid in full. ROCKTOPUS® shall sign all documents necessary to perfect the rights of the Client in such Intellectual Property, including the filing and/or prosecution of any applications for copyrights or patents. Upon request, Rocktopus shall sign all documents necessary to assign the rights to such Intellectual Property to the Client. Rocktopus agrees to assign to Client, without further consideration, its entire right, title, and interest (throughout the United States and in all foreign countries), free and clear of all liens and encumbrances, in and to each Invention Idea, developed within the scope of this agreement, for Client, whether or not patentable. In the event any Intellectual Property shall be deemed by Client to be patentable or otherwise registrable, Rocktopus shall assist Client (at Client's expense) in obtaining letters patent or other applicable registrations thereon and shall execute all documents and do all other things (including testifying at Client's expense) necessary or proper to obtain letters patent or other applicable registrations thereon and to vest Client, or any Affiliated Company specified by the Board, with full title thereto.

Use of approved & paid-in-full projects actively in use by Client which were rendered by ROCKTOPUS® , will advertised on websites owned by ROCKTOPUS® in the form of a professional portfolio, and the mention of Client/use of logo on Rocktopus client list as seen on Rocktopus company websites, business promotion, and social media network channels, unless service provider confidentiality is otherwise discussed between ROCKTOPUS® and the Client, and/or requested via Non-Disclosure Agreement. Pending in-progress projects will not be used, until the projects are fully complete and publicly in-use by the Client.




The Design Process: Concepts, Mock-Ups & Preliminary Works


Within 1-7 days of receiving your company information, project instructions and any other relevent materials required in order to begin the project, ROCKTOPUS® will immediately allocate the necessary time to your project and begin the design process, starting with market research to examine your target audience demographics & competitors. This strategic game plan for your brand is a preparation process which may not be immediately visible to you. Please keep in mind that the time allocated for this is included within the scope of your project estimate, coupled with design time. Most designers will rush right into the design process, but that is not how we operate. ROCKTOPUS® does not embark upon basic graphic arts production work, unless otherwise discussed in advance. WIthin the same 1-7 day time period above (1-3 days on average), designs & concepts will be rendered and submitted for your review via e-mail in PDF or JPEG format for all projects, or for websites & mobile apps via live unpublished site preview, unless otherwise negotiated. A personalized proposal will be submitted to the Client or displayed in the product details via website, which includes details on how many revisions will be included for the estimated cost. Total project fees may be negotiated in lieu of an hourly rate. Further revisions beyond the scope of agreement will incur additional costs at ROCKTOPUS® current hourly rate of $75/hour, unless in the form of a prepaid monthly retainer plan. Preliminary Works: While the Client will have full ownership rights to their finalized project upon payment in full, ROCKTOPUS® has the rights to use all preliminary works which were rejected by the client throughout the design process. Preliminary works means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by ROCKTOPUS® and which may or may not be shown and or delivered to Client for consideration but do not form part of the Final Art. These preliminary works may be sold or used by ROCKTOPUS® for business purposes. Rest-assured, this does not include any pre-existing intellectual property owned by the Client and provided to ROCKTOPUS® for use in completing the project, such as company copyrights, trademarks, business names, product names, logos, slogans, photography, information, branding guidelines, copy, or any other materials which are unique to the Client and defines the Client's brand.




Project Approval & Final Deliverables


Approval of Final Deliverables: Upon completion of the design process & when an agreement has been made on the finalized project and/or design, ROCKTOPUS® requests that you approve the project in writing, in the form of an email statement agreeing that you are satisfied with the final deliverables and accept this project as complete. Final Deliverables means the final versions of Deliverables provided by ROCKTOPUS® and accepted by Client. It can be something as simple, but not limited to an email reply such as "Approved!". Approvals may also be conveniently made in the form of text messages to +1-707-771-9711 24 hours a day, 7 days per week.
File Delivery: After the final design is approved, you will receive an email with file attachments, or for larger size files, and/or a digital link via Dropbox where you may download these final deliverables in the form of digital files. For website projects, upon approval your website will be launched & go live on the internet unless a delay in launch is requested in advance. Digital File Formats: These digital files will be provided in print and/or web ready format (.jpg, .png .pdf, and .eps graphics file formats).

  • Web-based or social media graphics will be delivered with an RGB color profile as rasterized file formats such as .jpg or .png, and optimized for clarity & speed for use on the internet.
  • Print files will be delivered with a CMYK color profile in print-ready format with crops, bleeds & registration marks if applicable to the scope of the project.
  • Branding package deliverables will be supplied in the form of a vector-based PDF brand guidelines booklet, with logo design & logo marks delivered as separate files in all the print and web file formats mentioned above. In the instance that one of our premium branding packages are purchased, the brand guidelines will also be delivered in the form of a 3d digital flipbook. An HTML code will be emailed to you so that you can add it to your website. Code installation is also available at a discounted rate.
  • Website deliverables will be provided as a link to your live website sent via email (or text message if requested). Graphic files and other elements which were used to build your site will be stored in your hosting account storage space, and therefore will not be uploaded to Dropbox or emailed since you will have access to download them from there. Images used to build your site can be sent to you via email in the form of web or print graphics for request, at an additional fee. This is because it takes time to reset and export files for other usage scenarios. (for instance, RGB graphics must be changed to CMYK & exported at higher resolutions in order to print correctly)




Originality & Custom Concepts Guaranteed


ROCKTOPUS® affirms that its designs are original, designed from scratch via true vector art, and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement. Furthermore, ROCKTOPUS® warrants that its designs are not replicated from or inspired by existing designs or trademarks, but cannot guarantee that a design the same as or similar to that design does not exist, but of which it was not aware during the design process. The internet is a big, bustling place full of creativity, and while heavy measures will be taken throughout the design process to ensure your brand is memorable, coincidences do occur. (especially in the event of acronym-based logos, universal non abstract iconic images & specific client requests) In the event of logo design and/or branding, if for some coincidental reason a concept presented during the design process looks identical to another party’s logo, ROCKTOPUS® will provide a free redraw session & provide you with a new concept.




Refusal of Service


ROCKTOPUS® will not include in its designs, any text, images or other data which it deems to be illegal via United States Federal Law. This restriction applies to illegal materials, as well as refusal of service to hate groups identified as such by the FBI specifically, and not by other independent organizations or media. ROCKTOPUS® also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that ROCKTOPUS® does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Client is obliged to allow ROCKTOPUS® to remove the contravention without hindrance, or penalty. ROCKTOPUS® will not be held accountable for any such data being included.




Cancellation & Refund Policy


Cancellation of orders may be made initially by phone, text or email for expedience & to halt the design process in a timely fashion in order to avoid However ROCKTOPUS® will will require formal notification of this cancellation thereafter in writing via email or USPS. The Client will then be invoiced for all services rendered which exceed the amount of time allocated by the non-refundable deposit which was paid upon estimate/quotation acceptance. The overage charges will be payable hourly at a rate of $75/hour. Special hourly rates, discounts and promotions provided upon initial scope of the project reflected in the original estimate you received, will no longer apply to your discontinued project. The balance due for these services rendered will be sent in a new invoice via PayPal, and must be paid within 30 days from the first initial time of cancellation. Please note that any cancellation which is not formally confirmed in writing and received by ROCKTOPUS® within 14 days of such instruction being issued, will be liable for the original balance in full. Abandonment of Project: After deposit & initial concepts are delivered, if no response is received from the client by ROCKTOPUS® within 14 days, Client will be 100% liable for project abandonment, and therefore must pay any outstanding balance in full. If the Client wishes to resume the project at a later time, a rescheduling fee of $700 will be added to your remaining balance, which then must be paid in advance to continue the completion of the project. Illness, injury and acts of God/natural disasters do not apply to these, and no penalties will be applied in the event of those unforeseen circumstances beyond the Client's control.




Retainer Plans


ROCKTOPUS® Retainer plans include a set number of hours per month split up evenly between 4 weeks. Bi-weekly at the client's request. Any overage of those hours will be billed the following month at standard hourly rate of $75 per hour, and your discounted monthly prepaid hourly rate will no longer apply. Hours do not rollover. Unused hours will expire at the end of each week. This is to ensure proper time management for your projects each week, and so that ROCKTOPUS® can plan the workload accordingly for your projects, as well as for ROCKTOPUS®. Design consultation calls are included in these plans to review project load. Branding & web design services are included in our VIP plans only. Please read the product you are purchasing carefully to ensure it includes all the services you're looking to receive. Click this link to go to our PLANS & PRICING page. Web hosting & domain names are not included but can be arranged upon request for an additional fee (from $216 per year for custom URL, hosting & content management system). ROCKTOPUS® is a member of the WIX partnership program & will use this platform for hosting unless otherwise instructed to provide a different hosting service. In the event that a different hosting service is requested, the hosting fees will be billed directly between you and the service provider of your choice at cost, and the client will provide login information to access the site.

Printed materials are not included with most of our retainer plans, but low discounted rates are available upon request.
Business cards included in our VIP plans are included as a one-time product offering every 12 months, and do not recur every month. Cards will be offered on eco-friendly, durable high quality cover stock, in double sided full color, with optional UV gloss coating, in your choice of matte or gloss finish. If you prefer custom options (plastic or metal cards, specialty papers, specialty sizes, shapes or die-cuts, foil stamping, muti-layering, and anything else outside of the scope of a standard portrait or lanscape 3.5x2" rectangular business card) you may request this as an add-on option & we will be happy to assist you. If for any reason you are not satisfied with the monthly service plan, you can cancel anytime. Cancellations must be sent prior to the end of your current monthly billing cycle, and can be requested conveniently via phone, text or email. No refunds will be given for services which have already been rendered. If you have any remaining monthly time left in your plan, ROCKTOPUS® will honor the prepaid hours & continue your service until the end of your current monthly billing cycle.




Mandatory Online Sales & Use Tax Rate on Digital Goods & Services


As of January 1, 2018, all businesses & contractors conducting business in over 40 US states are now required to remit & collect sales tax on all online transactions. This now includes digital products & services such as graphic design, website design & all other advertising & marketing services. This law was made possible by the Supreme Court’s 2018 decision in South Dakota v. Wayfair, which “allows states to require out-of-state businesses without a physical presence to collect and remit tax on sales from transactions in their state”. ROCKTOPUS® is located in Union, New Jersey. We must collect tax from our clients at a rate of 6.625%, except under specific circumstances provided for by law. https://www.state.nj.us/treasury/taxation/ratechange/su-overview.shtml We are transparent about our pricing & keep it itemized so that you remain aware of the time involved for each project. If other companies or contractors are not charging you these fees, they are either unaware of the recent change in tax laws, or because they are rolling it into their cost, in the form of a value-added tax (VAT) without specifying.





TERMS & CONDITIONS
LET'S DO THIS LEGIT!

The following Terms and Conditions of Service apply to all products and services provided by ROCKTOPUS® LLC (hereinafter referred to as ROCKTOPUS®) and in the event of any dispute are governed by the laws of New Jersey, United States.
 

All projects are carried out by ROCKTOPUS® on the understanding that the client has agreed to our terms and conditions. A link to this page is provided in the terms section of each estimate or invoice. Receipt of your deposit confirms that you have read this page & that you agree to these terms.

Copyright is retained by ROCKTOPUS® on all projects and design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled & balance is paid in full.

Please read the sections below carefully to ensure your awareness of these terms. There is a search feature in the right hand corner below this paragraph, which enables you to easily navigate this web document in order to address and questions or concerns you may have. Please click the toggle buttons to the right of each section title, to expand and review the terms provided.

Oh my gosh, there are a ton of words in here!

Rest-assured, this page was designed with mutually-beneficial protections & transparency in mind.


If you're feeling a little overwhelmed, know that ROCKTOPUS® is a humble little octopus who values client return & longevity.

If you have any questions, please Contact ROCKTOPUS® directly and we'll put your mind at ease! :)

© 2020 ROCKTOPUS® LLC  |  Please review our Terms & Conditions