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
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
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
Any activity considered illegal under federal, state and
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.
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.
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.
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
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
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.
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
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