The following Terms and Conditions of Service apply to all products and services provided by Market 55 Design; and have been tailored to protect both the client and designer during a working relationship.

All work is carried out by Market 55 Design on the understanding that the client has agreed to Market 55 Design & Media Group’s Terms and Conditions.

Copyright is retained by Market 55 Design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by Market 55 Design as fulfilling the contract. All other designs remain the property of Market 55 Design & Media Group, unless agreed in writing that this arrangement has been changed.

Project Acceptance
At the time of proposal, Market 55 Design will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Market 55 Design’s website.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Market 55 Design. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Market 55 Design’s terms and conditions. No work on a project will commence until either document has been received by Market 55 Design & Media Group.

Design Charges
Charges for design services to be provided by Market 55 Design, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Market 55 Design & Media Group has received this amount.

Charges for Other Service
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance. This include any requests for project source files.

Payment
The customer must provide written approval upon review of the completed work. At this time the remainder of the amount due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, are subject to automatic collection and will incur a late fee of 3% of the outstanding balance.

Payments may be made by cash, Major Credit Card and/or previously agreed electronic funds transfer. We DO NOT accept written checks.

Publication and/or release of work done by Market 55 Design on behalf of the client may not take place before cleared funds have been received.

Declined transactions will incur an additional fee of $50 per transaction. Market 55 Design reserves the right to consider an account to be in default in the event of a returned check.

Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Market 55 Design shall be considered entitled to remove Market 55 Design and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Market 55 Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks
By supplying text, images and other data to Market 55 Design for inclusion in the customer’s business cards, flyers, pamphlets, website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images or text supplied and/or designed by Market 55 Design on behalf of the customer, will remain the property of Market 55 Design & Media Group and/or its suppliers.

The customer may request in writing from Market 55 Design, the necessary permission to use materials (for which Market 55 Design holds the copyright) in forms other than for which it was originally supplied, and Market 55 Design may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Market 55 Design, the customer grants Market 55 Design permission to use this material freely in the pursuit of the design.

Should Market 55 Design, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Market 55 Design to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Market 55 Design & Media Group free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that Market 55 Design holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing
Any design, copywriting, drawing, idea or code created for the customer by Market 55 Design, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Market 55 Design and any of its relevant sub-contractors.

All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Market 55 Design will not be held responsible for any and all damages resulting from such claims. Market 55 Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Market 55 Design responsible for any such loss or damage. Any claim against Market 55 Design shall be limited to the relevant fee(s) paid by the customer.

Data Formats
The client agrees to Market 55 Design’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Market 55 Design in electronic format as standard text (.txt), MS Word (.doc) on flash drive, CD-ROM, or via e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by Market 55 Design via flash drive, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing and Market 55 Design will not be held responsible for any image quality which the client later deems to be unacceptable. Market 55 Design cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to photography and art direction, photography searches, media conversion, digital image processing, or data entry services.