WEBSITE TERMS AND CONDITIONS
1. TERMS
By accessing the website at https://www.rosannatims.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. DISCLAIMER
The materials on Rosanna Tims Design’s website are provided on an ‘as is’ basis. Rosanna Tims Design makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Rosanna Tims Design does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
3. LIMITATIONS
In no event shall Rosanna Tims Design or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Rosanna Tims Design’s website, even if Rosanna Tims Design or a Rosanna Tims Design authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
4. ACCURACY OF MATERIALS
The materials appearing on Rosanna Tims Design’s website could include technical, typographical, or photographic errors. Rosanna Tims Design does not warrant that any of the materials on its website are accurate, complete or current. Rosanna Tims Design may make changes to the materials contained on its website at any time without notice. However Rosanna Tims Design does not make any commitment to update the materials.
5. LINKS
Rosanna Tims Design has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Rosanna Tims Design of the site. Use of any such linked website is at the user’s own risk.
6. MODIFICATIONS
Rosanna Tims Design may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
7. GOVERNING LAW
These terms and conditions are governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
CLIENT TERMS AND CONDITIONS
All Clients are made aware of the following terms before any working relationship commences:
1. FEES AND CHARGES
In consideration of the Services to be performed by the Designer, Client shall pay to the Designer fees in the amounts and according to the payment schedule set forth, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule.
The invoice must be paid within thirty (30) days of receipt for UK Clients, and within fifteen (15) days of receipt for all clients outside the UK. Late payment will incur statutory interest charged at 8% of the invoice total plus the Bank of England base rate. Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. Designer reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges, or the costs of Changes.
2. MORAL RIGHTS- ACCREDITATION/ PROMOTION
2.1 The Designer retains the right to publish and display the Deliverables in their portfolios, websites and other media for the purposes of recognition of creative excellence, professional advancement or marketing the Designer’s own business. Either party, subject to the other’s reasonable approval, may describe its role in relation to the Project and, if applicable, the services provided to the other party.
2.2 If the Client requires the Project to remain confidential and objects to the public promotion of the Deliverables by the Designer, the Client must submit a relevant non‑disclosure Agreement to the Designer before the Project commences. On approval from the Designer, the Deliverables produced will become confidential meaning they cannot be used publicly for the purpose of marketing the Designer’s own business unless otherwise stated in writing by the Client.
3. MORAL RIGHTS- ATTRIBUTION
3.1 The Designer may use Work in their portfolio (including, but not limited to, any website that displays the Designer’s works). Commissioner does not have a proactive duty to display the Designer’s name together with Work, but Commissioner may not seek to mislead others that Work was created by anyone other than the Designer.
3.2 The Designer asserts the right to object to false attribution, whereby the work is claimed to be attributed to any specific individual or Design Consultant other than then the Designer. The Designer permits the Client attribution of the final deliverable work under the Client’s company name only, unless otherwise specified and agreed in writing by the Designer.
4. MORAL RIGHTS-NON DEROGATORY TREATMENT
4.1 The Designer asserts the right to object to non-derogatory treatment of work provided to the Client. The Client shall not engage in any activity or use the Designer’s work in any way that is detrimental to the Designer’s reputation or that may harm their professional standing.
4.2 If the Client wishes to make alterations, modifications, or changes to the Designer’s work, this must be agreed upfront with written consent from the Designer. If the Client wishes to request incomplete files for this purpose, this must be agreed upfront and may be subject to a separate charge.
4.3 Any alterations or modifications made with the Designer’s consent shall be done in a manner that does not damage the reputation or integrity of the Designer’s work.
4.4 The Client shall not associate the Designer’ work with any content, product, or cause that is offensive, illegal, or in violation of commonly accepted ethical standards.
5. CONFIDENTIAL INFORMATION
5.1 The Confidential Information to be disclosed includes the following:
(Sketches, drafts, preliminary works, creative processes, written and drawn ideas)
The Client acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the Designer, including without limitation Preliminary Works (“Confidential Information”). The Client, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except for any purpose except the final, deliverable art, without first obtaining the written agreement of the Designer, except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall 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.
5.2 The Designer retains full ownership of any unused drafts created for the client.
6. GOVERNING LAW
The Agreement will be governed by the law of England and Wales, and the parties submit to the exclusive jurisdiction of the UK courts. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its legal fees and costs. If mediation is not possible, further legal action will be taken.
ROSANNA TIMS DESIGN 