Terms and Conditions
Welcome to By Rose. By accessing this website or purchasing any product or service, you agree to be bound by the following terms and conditions. Please read them carefully.
These terms apply to all visitors, clients, and users of byrosemills.com, operated by Roseanne Mills trading as By Rose (ABN 96 497 214 140), a sole trader based in Queensland, Australia.
1. About By Rose
By Rose is a creative studio offering bespoke brand identity, graphic design, illustration, semi-custom brand kits, Design Day intensives, creative mentoring, and digital and physical products through our online shop. All services are provided by Roseanne Mills as a sole trader under Australian law.
2. Acceptance of Terms
By using this website, submitting an enquiry, purchasing a product, or engaging our services, you confirm that you have read, understood, and agree to these terms. If you do not agree, please do not use this website or our services.
You must be 18 years of age or older to use this website or purchase any goods or services. By using this website, you confirm that you meet this requirement.
3. Services
All custom services are provided based on a written scope agreed prior to commencement. Full project details, deliverables, timelines, revision rounds, and payment terms will be outlined in a proposal or service agreement before work begins.
By signing a proposal or making a deposit payment, you confirm that you have read, understood, and agreed to all terms outlined in that agreement. These website terms apply in addition to your project agreement.
Semi-custom brand kits are shop purchases and are not subject to a separate service agreement. Purchase of a semi-custom brand kit is governed by these website terms, including the semi-custom brand kit terms set out in Section 6, and your rights under the Australian Consumer Law.
By Rose reserves the right to decline any project enquiry at our discretion.
4. Design Day Intensives
Design Day sessions are available in 2.5-hour and 5-hour formats. The following conditions apply:
Full payment is required to secure your Design Day booking.
Cancellations made more than 7 days before the scheduled session will receive a credit toward a future booking. Cancellations within 7 days of the session are non-refundable, except where required by the Australian Consumer Law.
Rescheduling requests made more than 48 hours before the session will be accommodated where possible. Rescheduling within 48 hours is at our discretion and may incur an administration fee.
If By Rose needs to cancel or reschedule a session due to unforeseen circumstances, a full credit will be offered.
Design Day sessions are completed within the agreed time frame. Unused time does not carry over.
5. Custom Project Cancellations
For custom branding, graphic design and illustration projects:
Deposits are non-refundable once work has commenced, as they cover the time and resources allocated to your project.
If you cancel a project after commencement, you will be invoiced for all work completed to that point, in proportion to the total project fee.
If By Rose is unable to complete your project due to unforeseen circumstances, a proportional refund will be issued for work not yet completed.
Project timelines are estimates only. By Rose will communicate any delays promptly.
Nothing in this section limits your rights under the Australian Consumer Law.
6. The Shop - Digital Products
All digital products (including templates, brand kits, art prints, and downloadable files) are delivered electronically upon payment confirmation. Due to the nature of digital goods:
All digital sales are final and non-refundable once the file has been accessed or downloaded, except where required by the Australian Consumer Law.
If you experience a technical issue with your download, please contact us at byrosemills@gmail.com within 7 days of purchase and we will do our best to assist.
Digital products are licensed for personal or commercial use as specified at the point of sale. They may not be resold, redistributed, or shared with third parties.
Under the Australian Consumer Law, you remain entitled to a remedy if a digital product is faulty, not as described, or unfit for its stated purpose.
Semi-Custom Brand Kits
Semi-Custom Brand Kits are semi-custom products, not bespoke design services. By purchasing a Semi-Custom Brand Kit, you acknowledge and agree to the following:
Customisation is limited to your business name and text content only. No changes will be made to layouts, colour palettes, illustration elements, or overall design direction. This scope is clearly described at the point of sale and forms part of the product description you agree to upon purchase.
No additional revision rounds are included beyond the agreed text customisation scope. Requests outside this scope will not be fulfilled under the original purchase price and will be quoted separately if you wish to proceed.
There is no separate service agreement for Semi-Custom Brand Kit purchases. These terms constitute the full agreement between you and By Rose in relation to your kit, in addition to your rights under the Australian Consumer Law.
A non-exclusive licence is granted to use your finalised kit for your own business purposes. You may not resell, redistribute, or repurpose the underlying design files or present them as your own original work.
Nothing in these terms limits your rights under the Australian Consumer Law. If your kit is faulty, not as described, or unfit for its stated purpose, you are entitled to a remedy.
7. The Shop - Physical Products
Physical products are made and dispatched with care. Estimated production and shipping timeframes will be displayed at the time of purchase.
By Rose is not responsible for delays caused by postal or courier services once an item has been dispatched.
If your item arrives damaged or incorrect, please contact us within 7 days of delivery with a photo of the issue. We will arrange a replacement or refund at our discretion, and in accordance with the Australian Consumer Law.
Under the Australian Consumer Law, you are entitled to a remedy if a product is faulty, not as described, or unfit for purpose. This right cannot be excluded.
8. Payment
Payments are processed securely through Squarespace Payments. By Rose does not store your payment card details.
All prices are listed in Australian Dollars (AUD) and are inclusive of GST where applicable.
For custom projects, payment schedules (including deposits and final payments) will be outlined in your project proposal. Work will not commence until the deposit is received.
Final deliverables will not be released until full payment has been received.
Invoices that remain unpaid beyond the agreed payment terms may incur a late payment fee and work may be paused until payment is received.
9. Intellectual Property
All content on this website including copy, illustrations, graphics, logos, and branding is the intellectual property of By Rose and may not be reproduced, distributed, or used without prior written permission.
For custom projects:
Intellectual property for final agreed deliverables transfers to the client upon receipt of full payment, as outlined in the project agreement.
By Rose retains all rights to concepts, drafts, and unused design directions presented during the project process.
By Rose retains the right to display completed work in our portfolio, on our website, and across social media, unless otherwise agreed in writing prior to project commencement.
Working files (such as editable source files) are not included in standard project deliverables unless explicitly specified in your proposal.
For digital shop products, a non-exclusive licence is granted to the purchaser as specified at the point of sale. This licence does not transfer ownership of the underlying intellectual property.
10. Revisions and Scope
Revision rounds for custom work are clearly outlined in your project proposal. Requests that fall outside the agreed scope including additional concepts, significant changes in direction, or work beyond the agreed deliverables will be quoted separately.
By Rose reserves the right to reasonably determine what constitutes an out-of-scope request.
11. Client Responsibilities
To enable By Rose to deliver your project on time and to the highest standard, you agree to:
Provide all required content, information, and materials by the agreed dates.
Respond to feedback requests and approval rounds within the timeframes set out in your project agreement.
Ensure that any content you provide does not infringe the intellectual property, privacy, or other legal rights of any third party.
Delays caused by late provision of materials or slow feedback may affect your project timeline. By Rose is not liable for delays arising from client inaction.
12. Consumer Guarantees - Australian Consumer Law
Nothing in these terms limits, excludes, or modifies any right or guarantee that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
Under the Australian Consumer Law, our goods and services come with guarantees that cannot be excluded. For major failures with a service, you are entitled to cancel your contract and receive a refund for the unused portion, or to compensation for the reduction in value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified within a reasonable time.
Where our liability is not excluded by law, our liability is limited to resupplying the relevant service or the payment of the cost of having the service resupplied.
13. Limitation of Liability
To the fullest extent permitted by Australian law, By Rose is not liable for any indirect, incidental, consequential, or special loss or damage arising from your use of this website or our services, including but not limited to loss of revenue, loss of business, or loss of data.
Our total liability to you in connection with any products or services is limited to the amount you paid for those products or services.
14. Competitor Exclusion
If you operate a business that offers similar creative, design, branding, illustration, or mentoring services and you access this website for the purpose of extracting, reproducing, or using our content, pricing, copy, or processes for your own commercial benefit, you are expressly prohibited from doing so. By Rose reserves the right to pursue any losses suffered as a result of such use.
15. Links to Third-Party Websites
This website may contain links to third-party websites provided for your convenience only. By Rose has no control over the content of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
16. Changes to These Terms
By Rose reserves the right to update these terms at any time. Changes will be published on this page with an updated date. Your continued use of the website after any changes constitutes acceptance of the revised terms. We encourage you to review this page periodically.
17. Governing Law
These terms are governed by the laws of Queensland, Australia. Any dispute arising under these terms shall be subject to the exclusive jurisdiction of the courts of Queensland.
18. Contact
Questions about these terms? Reach us at byrosemills@gmail.com we're always happy to chat.
Last updated: 01/05/2026