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.
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 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.
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.
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.
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
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.
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.
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.
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! :)