Terms of Service

SECTION 1: Terminology

  1. The ‘Website’ refers to the website for Renae Rowles and Renae Rowles Design and all of its pages

  2. The ‘Owner’ refers to Renae Rowles. Any mention of the terms ‘we’, ‘us’, ‘our’ and ‘I’ refer to Renae Rowles.

  3. ‘The Client’ or ‘The Purchaser’ is the third party that engages with Renae Rowles for art or pattern-related services or art products, from the Pattern Library (via the Website), Art shop (via the website) or through the process of custom work and designs.

  4. The ‘User’ is the third party that engages with the website without making a purchase

  5. A ‘Service’ is the request of any services or product (‘Product’), whether through the online pattern library and art shop or through custom work, placed through the Website or through email (and thereby, the ‘Owner’)

  6. ‘Terms of Service’ or the shortened ‘Terms’ applies to the terms of conditions of using the website and service provided by ‘the Website’ and ‘owner’.

SECTION 2: General Website Terms of Service

By visiting this site and / or purchasing a service or product from Renae Rowles and Renae Rowles Design, you are engaging in our service and agree and are legally bound to the following Terms of Service. All terms and conditions of this service apply to every user of the site, regardless of whether a purchase has been made and includes visitors who are browsers, customers, businesses and other artists.

You are required to read the Terms of Services in their entirety prior to accessing any page or link on the website or making a purchase. You are, as the consumer, legally bound to these Terms of Service and if you do not agree to these Terms of Service, you may not access the website. By ticking the ‘Agree to Terms of Service’ box upon checkout, you are confirming that you have read the Terms of Service and are agreeing to these Terms of Service in their entirety.

We reserve the right to amend or change or add to the Terms of Service at any given time or date. Any additional pages, features or tools that are added to the current website shall also be included in the Terms of Service and the most current version can be reviewed at any time on this page.

No user is permitted to interfere with this website and any of its contents (this includes, but is not limited to hacking, changing details and prices, defacing information, products or services or sending unsolicited advertising or spam materials). No user is permitted to save and / or reuse any image or element used across the website, in any capacity.

 

SECTION 3: Contact

As the website and service provided by the owner is mostly of a digital nature, all correspondence will be conducted via email communications. In the case that the client or purchaser would prefer other communication, the client is responsible for emailing the owner to request a phone or zoom call.

Any questions or queries relating to these Terms of Service can be directed to renae.rowles@gmail.com

 

SECTION 4: Client Vetting & Approval of Works

Your details as a brand or business are required upon checkout. These are necessary measures for the owner to ensure that the brand or business is legitimate in their business conduction and there is no risk that the design will be changed, edited, altered or deconstructed.

Should the owner deem your business to be illegitimate, unsafe or untrustworthy after viewing the business / brand details, the owner reserves the right to cancel the transaction and refund any purchase amounts without supply of the pattern or design. These same concerns are also legitimate reasons to reject custom work requests put forward by a client.

It is a requirement that all final projects are to be approved with the owner prior to the production and release of the product. This is to ensure the integrity and reputation of the owner is upheld.

Although the owner takes all necessary measures to ensure accuracy and the highest quality of works, the owner cannot be held liable for any spelling, grammatical or numerical mistakes or any oversights and omissions of work that may occur in the final approved product. The client bears the legal responsibility for carefully proofreading and double checking all final works before granting final production approval, regardless of if these errors were made by the owner.

 

SECTION 5: Intellectual Property Rights and Copyright

  • All intellectual property (IP) for words, works, patterns, designs, artwork and any other product offered for sale are copyright owned by the owner (Renae Rowles) and are not allowed to be copied in any capacity

  • All artwork is hand-painted and/or digitally created and copyright owned by the owner

  • All novels and writing and website descriptions are created and copyright owned by the owner.

  • All designs and surface patterns (and any derivatives of these) are created and copyright owned by the owner.

  • The website and all of its materials are protected under Australian and International Intellectual Property and Copyright laws

  • The owner retains full copyright for all designs, patterns and artworks. This is inclusive of each individual element within each design or pattern.

  • The Client or Purchaser will be granted specific rights to use a design or pattern, if licencing rights have been purchased through the websites online pattern library. The parameters of use for these purchased designs or patterns (for example, timeframe and category, etc) are limited to the contract of licencing that the client is required to sign following purchase.

  • Any artwork or product that is sold through the websites Art Shop are also created and copyright owned by the owner and are not available for distributing or selling via a third party

  • The owner retains the rights to use completed projects and any conceptual artwork or inspirational works (such as mood boards and colour palettes) created in the custom design process for the purpose of marketing Renae Rowles and Renae Rowles Design.

  • All images, designs and hand-painted or created icons or elements displayed on the Website or Instagram page are also copyright protected and must not be copied or used in any capacity. We reserve the right to pursue legal action, when required and necessary, for any breach of this Intellectual Property Rights, copyright and Terms of Service

  • No component of the website, in its entirety and inclusive of every word, image, content and design may be saved, sold, used, displayed, printed, published, reproduced, deconstructed, modified, copied, adapted or transmitted under any circumstances.

 

SECTION 6: Terms and Conditions of Purchasing from the Pattern Library

Ownership of copyright and intellectual property is at no point assigned or released when a purchase has been made via the websites pattern library, nor during the custom design process or final pattern/design. You are purchasing a specific and limited licence to use the pattern/design on your product. These specificities and limitations are stated in the Licence Agreement Contract that will be emailed to you following checkout and which you must sign and return. Upon return of the Licence Agreement Contract, the pattern will be emailed in JPEG form (unless another file type is requested) for use by the business or brand. Should this Licence Agreement Contract not be signed and returned within 7 days of purchase, funds will be returned to the purchaser. Should the parameters of the Licence Agreement Contract not be followed, we reserve the right to engage in legal action against the client or purchaser.

The purchased pattern is not to be changed, altered or deconstructed in any way, shape or form. Purchasing the pattern or design does not allow the purchaser to change, alter or edit the pattern. If there are any desired changes (scale, composition, colour palette), communication should be made with the owner and a request placed. Changes will incur an hourly design fee charge of $95 per hour, as stated on the product purchase page. ‘Elements’ within a design are not to be used separately or edited out from the design purchased.

The client or purchaser may not use any items purchased from either the Art Shop or the Pattern Library for any illegal activities or items or for any unauthorised purpose. The client must not use any artwork, product or pattern to violate state, federal, international laws and regulations. Nor may the client or purchaser violate any Australian laws or laws within their own jurisdiction (this is inclusive, but not limited to copyright laws) and any breach or violation of these Terms will result in immediate termination of any service provided.

The client is not legally allowed to claim the artwork and pattern as their own or something that they themselves created.

 

SECTION 7: Pricing Terms

  • All prices, through the online shop, pattern library and in custom quotations are in Australian Dollars (AUD)

  • All prices are inclusive of GST, unless otherwise stated

  • Any changes to patterns purchased from the pattern library or outside the terms of any provided quotations will be charged at an hourly design rate of $75.00 AUD per hour.

 

SECTION 8: Payment Terms

The website uses third party payment options, included PayPal and Stripe Payments. As these are third party organisations, the owner is not responsible for any information kept or shared by these third parties through the payment process or any errors or mistakes that occur on behalf of these third parties.

 

SECTION 9: Price Modifications & Discontinuation/Modification of Services

Surface pattern design prices, for both exclusive and non-exclusive patterns are subject to price changes at any time, without notice.

We reserve the right to discontinue or change the entire Service and any content involved in the service at any time, without notice.

We reserve the right to discontinue a product, pattern or design at any time, without notice.

 

SECTION 10: Custom Work & Quotations

  • The owner reserves the right to refuse to engage in quoting or completing works for any client, for whatever reason.

  • The client is not to claim that the artwork as their own or something that they themselves created.

  • All quotes are valid for 14 days

  • For any custom work that is quoted over the total amount of $700, a 50% non-refundable deposit is required prior to commencement of the work. This can be paid by bank deposit transfer or PayPal. Please note that there is a 3% service fee for any payments made via PayPal.

  • Any custom work that is under the value of $700 is required to be paid in full, upfront and prior to any commencement of the work. This can be paid by bank deposit transfer or PayPal. Please note that there is a 3% service fee for any payments made via PayPal.

  • All invoice payments that are due upfront are due 14 days from the date of invoice. All invoice payments due at the end of works are due 14 days from the completion of the project and are required to be paid prior to the handover of final artwork files.

  • Final artwork files will include any file type that is required by the brand (JPG, PDF, PSD or AI).

  • The owner will endeavour to meet professional deadlines as set out in the contract, however, all turnaround times are an approximation and some work may be completed sooner while other work may take longer than anticipated. Any delays in meeting deadlines will be communicated with the client prior to the due date and the owner will not be responsible for any costs incurred by the client for late artwork.

  • Any outstanding accounts that remain outstanding after the 14 days following invoice will incur additional fees of 6% of the total project cost for each week that the payment is outstanding.

  • The client reserves the right to cancel the contract and agreed works at any time, for any reason, but must provide written notice to the owner at least 10 days prior to cancellation. Please see next condition for fees incurred, if applicable.

  • In the case that the contract for custom work is cancelled on the client end, the 50% for works over $700 will not be refunded. For works under the value of $700, payment for any artwork or drafts completed prior to cancelation of contract will be billed to the client. The invoice issues will be titled ‘Works Completed to Date’.

  • In the circumstances that a debt collection agency is required to retrieve unpaid funds and invoices, the client is also responsible for any fees as a result of this.

  • The owner reserves the right to cancel agreements for custom works at any time by providing written notice to the client. In the event of this, the owner will provide the client with any works completed to date OR a refund, whatever the client may prefer.

 

SECTION 11: Online Sharing

The client or purchaser allows the owner to share images of any completed projects on the Website and Instagram Page for purposes of self-promotion.

 

SECTION 12: Refund Policy

  • No refunds, exchanges or warranty terms are offered with pattern library orders. All transactions are final.

  • No refunds are offered on Art Products due to change of mind. If contact is made prior to shipping requesting a cancellation of order and refund, this will be actioned within two business days

 

SECTION 13: Client Comments and Feedback

If the client provides positive written feedback, the client agrees that we may edit, copy, publish and distribute these comments on both the website and Instagram page. We are under no legal obligation to pay for these comments/feedback or keep these comments/feedback private or respond to comments/feedback.

We reserve the right to remove any comments that are deemed threatening, rude, offensive, unlawful, obscene or otherwise objectionable from our Instagram page, without comment or consequence. We reserve the right to block any party that makes these types of comments, without reason or justification. We reserve the right to discontinue communication with clients who engage in this type of behaviour without justification.

 

SECTION 14: Third Party Hyperlinks

The website contains hyperlinks to other third party websites and platforms (for example Instagram). As these are separate websites and platforms that are controlled by parties separate to the owner, the owner is not deemed responsible for any content or comments included in these linked websites.  Links are provided solely for convenience to the user and the owner does not endorse these platforms or websites. The user visits these third party links at their own discretion and risk.

 

SECTION 15: Governing Law & Jurisdiction

The Terms of Service of the website are governed by the State of Queensland and the country of Australia. If the Terms of Service are breached and legal action is pursued, the client and user agrees to undergo legal proceedings and seek appeal from the judicial system and courts of Queensland.