WINcustomers Web Design and Hosting Services
NOTE.
These terms shown below apply to contracts in the UK and USA. Any client ordering or using ANY wincustomers services ( in the UK or USA) including web design, web hosting, database systems, marketing or consulting after 28th December, 2008 is deemed to have accepted these terms. If you do not wish to accept these terms you must immediately make other arrangements for your design or hosting needs.
1. Retaining Fee
A retainer fee of at least 10% must be paid before any work commences, a commencement fee may also be due. Commencement fees are non refundable. However, we may provide a credit note at our absolute discretion for other services if the situation so warrants.
Until full payment has been made, WINcustomers web services retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. WINcustomers web services retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.
Any images, text, audio or other supplied by the client are deemed to be copyright free and usable.
The client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. The designer shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer. If such event(s) occur, it shall entitle the designer to extend the completion/delivery date, by the time equivalent to the period of such delay.
In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, or binding, the designer will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
Claims for defects, damages, and/or shortages must be made by the client in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
Liability is limited to correcting defects, damages or shortages.
The designer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that the designer is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.
In the event of cancellation of the project, ownership of all copyrights and the original artwork and disks shall be returned and retained by WINcustomers Web Design, and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client.
WINcustomers Web Design reserves the right to cancel the project if the project is found to be illegal, immoral or alike at our total discretion.
Projects or hosting MUST BE CANCELLED IN WRITING by any customer or the full contract sum is payable for the design and hosting for 1 year.
All correspondence and documents provided will be treated as confidential between the client and the designer, unless consent has been granted by both parties involved.
The above details, specifications and conditions are hereby accepted. The designer is authorized to execute the project as outlined in this agreement. Payment will be made as proposed in the contract.
Where a customer has several accounts or projects with Wincustomers we reserve the right to disconnect or cancel any or all accounts in the event of non-payment. Any credits applying to the account will be distributed between the projects if necessary at our absolute discretion. If a customer terminates one account but leaves one or more accounts or projects still active we may apply any credits to the remaining accounts. If there are multiple accounts or projects and the customer wishes to cancel any or all of them they must confirm this in writing specifying which accounts are to be closed.
This agreement is valid automatically for any client ordering or using any Wincustomers service after 28th December, 2008.