Winner's Peak: Premium Web Site Design and Hosting
   

       Terms of Use and Conditions - Website Design





Your order with us constitutes your acceptance of our Terms and Conditions. Any hosting space for the web site, reserved for the client, will remain the property of Winner's Peak until paid for in full by the client. Click here for Winner's Peak's Terms and Conditions - Web Hosting.  Any domain names registered on behalf of the client will remain the property of Winner's Peak until paid for in full.  By incorporating any third party services or products into their web site, the client also agrees to abide by that company's Terms & Conditions.

Intellectual Property Rights
Upon final balancing payment of a contract, the client can be assigned full ownership rights to this web site. If the ownership rights are assigned to the client, the client understands that while they own the web site, any elements within their site that hold existing copyrights are not transferred to the client. Examples include but are not limited to: third party software and scripts, software and scripts designed and copyrighted by Winner's Peak, and third party photographs, graphics and other multimedia such as video and audio. In these cases, the copyright to any of these elements is not transferred to the client, but remains the property and copyright of their respective owners.

Upon transfer of the web site to the web server (putting the web site live), and subsequent transfer of ownership of content rights, the client accepts full responsibility for the whole content of the web site, and any grievances, arising as result of this content, either in the Philippines, or any other countries, will be the sole responsibility of the client. Additionally, Winner's Peak will take no responsibility what so ever for the content of third party web sites where links have been placed on the clients web site, to link off to these web sites.

Winner's Peak owns all Intellectual Property Rights in Winner's Peak's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of services and of the hardware and software systems and resources necessary to provide the individual elements of which these services consist. Any agreement between Winner's Peak and client does not constitute a license to the Client to use Winner's Peak's trade names or service marks, unless other explicit arraignments are made, all license and copyright deriving from the product(s) or service(s) shall stay with Winner's Peak.

Content
Winner's Peak is based in Philippines, and is bound by Philippine law. If we deem that any content you wish to include on your site is highly pornographic, meant to cause extreme offense or considered illegal in any way according to Philippine law, we reserve the right to refuse to continue with the project. It is imperative that you discuss these matters with us before the commencement of the project.

We will NOT under any circumstances, design, redo, create or render our services to any sites that promote, endorse, duplicate, link to, or deal with the following:

• Sexual or sexually explicit material or contents.
• Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
• Content that infringes upon any trademark, copyright, patent, trade secret, or other proprietary rights of any party.
• Hacking, warez, virus transmittal, or computer activities of an illegal nature.
• "Spamming", pyramid schemes, junk mail or the transferal of unsolicited e-mail or advertising techniques.
• Content that is harmful to minors in any way.
• Instructional information about illegal activities, promoting physical harm or injury against any group or individual. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
• Animal cruelty or procedures deemed harmful, unnecessary or unnatural to animals.
• Any activity considered illegal under federal, state and international laws.
 
All content provided by the client is the sole responsibility of that client and Winner's Peak shall not be liable for any legal issues, offense and disputes that may arise from this content now or in the future.

Winner's Peak asks that we are allowed to include a small, subtle text link to our site from your home page. The text will read 'This site is designed and maintained by Winner's Peak Technologies, Inc.' and will be included in the copyright line at the bottom of your home page.

Winner's Peak reserves the right to display or exhibit any final product(s) to other potential Clients except where doing so may violate any confidentiality agreements, which may be in force.

Quotes & Proposals
The initial quote/proposal we give you is based on the initial information you supply us. If the project is completed with no changes to the initial brief, then you are only liable to pay the initial quoted price. If, however, during the project, you, the client, request various changes to the design brief, Winner's Peak will reserve the right to charge additional fees for this extra work. We will inform you of any estimated additional costs involved in any changes you request.

All prices quoted in any proposal are valid for 28 days from the date of proposal. In some cases it is not possible to give an exact quote on certain services, and in these cases, an estimate will be given as a general guide to the expected price for that particular service.

Payment
Most projects require an initial deposit before we can commence work. Typically, this is no more than one third of the total project cost. Balance is due before the completed project is uploaded live to the Internet. The client can view and test the site on our own private servers before official launch.

All prices quoted are exactly what you pay with no hidden charges.  All checks should be made payable to 'Winner's Peak' unless other arraignments are explicitly made.

Third Party Services/Software
Should your project require a third party services or software, we ask that in the majority of cases you personally pay for these directly to that third party. Examples may include but are not limited to: credit card processing services, customized scripts and stock photographs, etc.

Cancellation
Once Winner's Peak has received the initial payment and confirmation from the client, we consider the project to be active. If the client wishes to cancel the project they need to do so by sending a written cancellation notice. The client will be liable to pay for all work already completed on the project, and any other additional expenses that Winner's Peak has incurred to that point in time due to the project, including any reasonable costs involved in ceasing the project. A full invoice will be sent to the client detailing all these costs.

Refunds on third party services (such as domain registration, software purchases, etc.) are entirely decided by that third party and Winner's Peak cannot be held responsible for any money not refunded.

Our Guarantee
If there are any errors on your site that are due directly to a mistake on our part, we agree to fix this error. Email us with a description of the error, and we will send confirmation of our receipt of your email and will begin to look into the matter. We aim to have all such errors fixed within 5 working days of our confirmation.

What is not covered:
• Errors that have occurred as a direct result of changes made to your site by you or a third party
• Web server faults that are due to your hosting company (if you are being hosted with another provider other than Winner's Peak)
• Errors that have arisen due to unforeseen changes in internet software or hardware - such as new browsers or operating systems.
 
Search Engine Optimization and Submission
If search engine promotion is included in the project the client understands that Winner's Peak cannot guarantee any particular search engine ranking or placement. Submission to the majority of search engines and directories does not guarantee entry.

Winner's Peak cannot be held responsible for any loss financial or otherwise to your business due to an unexpected drop in your search engine rankings. The initial text content that we apply optimization to shall be supplied by the client. Should the client make changes to any site text that we have optimized, the client understands that these changes may have an adverse effect on their search engine ranking. Search engine submissions are carried out one time only per engine unless otherwise stated.
 
Complaints
We take complaints very seriously. If you are unhappy about a particular aspect of our service, please contact us. We'll get back to you within one working day to discuss the problem..

ACCEPTANCE OF AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.


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