Market 55 DesignTerms & Conditions
Market 55 DesignTerms & Conditions
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 the service provider 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’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 settledIf 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, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Market 55 Design will provide the client with an estimate or quotation.
Once an estimate or quotation is accepted by the client an invoice will be created and emailed. Payment binds the client to accept Market 55 Design’s terms and conditions. No work on a project will commence until payment has been received by Market 55 Design.
Charges for design services to be provided by Market 55 Design, will be set out in the estimate or quotation that is provided to the customer. At the time of the customer’s 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 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.
The client must provide written approval upon review of the completed work. At this time the remainder of the amount due will become payable.
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 debit transactions will incur an additional fee of $40 per transaction. Market 55 Design reserves the right to consider an account to be in default in the event of a declined transaction.
Accounts which remain outstanding for 7 days after the invoice due date, are subject to automatic collection and will incur a late fee of 20% of the outstanding balance.
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 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 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.
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.
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.
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.
Design Project Duration
Any indication given by Market 55 Design of a design project’s duration is to be considered by the customer to be an estimation. Market 55 Design cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Market 55 Design for the initial payment or by date confirmed in writing by Market 55 Design.
Rights of Access for Website Construction
The client agrees to allow Market 55 Design all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Market 55 Design access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Market 55 Design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Market 55 Design considers the design project complete upon receipt of the customer’s Review and signed Approval form. Other services such as printing, display panel production, film work, website uploading, publishing etc., either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, Market 55 Design will provide the customer with the opportunity to review the resulting work. Market 55 Design will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Market 55 Design by e-mail or phone.
Market 55 Design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client within 14 days of the start of the review period.
Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.
Market 55 Design offers in-house webmaster services. Market 55 Design does not provide hosting services, but can manage those services. Market 55 Design does not guarantee continuous service, and will accept no liability for loss of service, as that is that responsibility will be held with the parent host. Market 55 Design may request that clients change the type of hosting account used if that account is deemed by Market 55 Design to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client, unless otherwise contracted by Market 55 Design to manage the account.
Market 55 Design cannot guarantee the availability of any domain name. Where Market 55 Design is to register a domain name on behalf of a client it will endeavor to do so, but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Market 55 Design cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
The customer agrees to allow Market 55 Design to place a small credit on printed material, exhibition displays, advertisements and/or a link to Market 55 Design’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Market 55 Design to place websites and other designs, along with a link to the client’s site on Market 55 Design’s own website for demonstration purposes and to use any designs for its own publicity.
Rights of Refusal
Market 55 Design will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Market 55 Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Market 55 Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Market 55 Design to remove the contravention without hindrance, or penalty. Market 55 Design is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Market 55 Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Market 55 Design makes no warranties of any kind, expressed or implied, for any and all products and/or services that it supplies. Market 55 Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Market 55 Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. 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.
Market 55 Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Market 55 Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Market 55 Design and its clients agree to comply with Printer’s Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Market 55 Design recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
Market 55 Design may increase its service, subscription, and other fees at any time without notice. Fees due for new or additional services and/or subscriptions may be more than a previous purchase.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Market 55 Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms & Conditions
The placement of an order for design and/or any other services offered by Market 55 Design and validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Market 55 Design.