Legal | Winning Web Designers - Terms of Service |
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All services provided by Winning Web Designers are subject to the following terms and conditions. Email Quotes Email Quotes provided to potential clients will be honored for seven days. A new email quote will then be provided upon request. Charges & Fees All new web design projects that are less than four hundred US dollars require full payment before work will commence. All new web design projects where the total cost of four hundred US dollars or and less than eight hundred US dollars will be split into two payments. An initial fifty percent deposit will be due before work will commence. The remaining fifty percent balance will be due upon acceptance of the completed web development project before it is released to the client or published on the clients web server. All new web design projects that exceed eight hundred US dollars will be split into three payments. An initial deposit of one third of the total project cost will be due before work will commence. A second payment of one third the total project cost will be due upon acceptance of the design. The final one third balance will be due upon acceptance of the completed web development project before it is released to the client or published on the clients web server. Any payments made by check that do not clear will be charged a fifty dollar fee. Winning Web Designers retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause) Web Site Design Credit Winning Web Designers will to place a link on your website in the footer area back to http://winningwebdesigners.com. Other arrangements can be made if the client wishes to have it removed. Copyright & Ownership Upon completion of the project, Winning Web Designers transfers all rights and ownership of custom designs by Winning Web Designers to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners. Custom programming written by Winning Web Designers Restrictions You may not modify, copy, duplicate, reproduce, license or sub-license the custom code, or transfer or convey the code or any right in the code to anyone else without the prior written consent of Winning Web Designers except that you may make one copy of the code for backup or archival purposes. You have purchased the right to use the source code provided to you and written in whichever high-level language HTML, PHP, CGI or Java Script. You may use this source code for your web site only. Winning Web Designers reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mock-ups or other graphics created by Winning Web Designers but not in legal use by the client. Winning Web Designers reserves the right to display websites and graphics that have been designed by Winning Web Designers on their website, and in any marketing material to aid as examples of our work. Refunds Winning Web Designers requires a deposit before work will commence on any project. A request to terminate services must be presented to Winning Web Designers in writing. Refund Amounts will be calculated in the following ways:
Because we do not sell web hosting, we are unable to offer refunds on any hosting service we recommended to you. If you are dissatisfied with the hosting services provided you will have to contact the web hosting company for a refund. Charge-backs Winning Web Designers will not negotiate charge-backs with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project. Development & Delivery Winning Web Designers understands the importance of completing projects in a timely manner. We agree to complete the web design project within sixty days. If the client does not supply Winning Web Designers with complete text, graphic content and other requested materials for the contracted client within seven days, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to Winning Web Designers for an additional fee of twenty five percent of the project total cost for every thirty days of extension. All extension fees are due upon agreement of the extension between Winning Web Designers and the client. Non-Communication If we are unable to communicate with a client on a project for a duration of at least seven days (7) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued. Liability Services purchased from Winning Web Designers are provided "as is" without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Winning Web Designers be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/ore goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client. International Customers We are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via Credit Card. This is non-negotiable. Project Consideration Please note that Winning Web Designers is a family owned and operated company. Therefore, we will not accept projects that we find morally questionable, unethical, or distasteful. Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Exclusive jurisdiction and venue is as governed in the district court of Denver County, Denver Colorado. Acceptance Please note that by submitting your down-payment for our services you are agreeing to all of our terms of service as written here. Winning Web Designers reserves the right to change or update these terms at any time without prior notice. |