We recommend that you read through our Terms and Conditions and ask that you do not use our services until you have familiarized yourself with them. If you are using or have used our service it is understood that you have agreed to the terms set in this agreement.

When we say ” “Winners Web & Graphic Design” "We" “our service” we are referring to Winners Web & Graphic Design, our products &/or services. "You" "your""customer" and the like refers to you, and your agents. Our Terms and Conditions can change at any time so check our website regularly. Your continued use of our service implies acceptance of any subsequent revisions.

Web Design Terms & Conditions

Winners Web & Graphic Design’s liability is limited to the amount paid by the customer to Winners Web & Graphic Design for work undertaken.

Payment

Payment for Website packages are made over three stages:

Stage One: Before we start work on your project we must receive a 50% deposit and a completed design brief.

Stage Two: Once we supply you with the basic structure of your site and you agree and sign this off a further 25% will become due in order for us to start building your website.

Stage Three: After receiving your written approval for the structure of your website we will supply you with your website on a temporary domain name. We will have entered the content that you supplied to us. If we have not received content for your website at the time of structure approval, we will load dummy content onto your website. Five business days after we have sent you your website on its temporary domain we will charge you the final stage three payment of 25%. The final 25% payment will not, under any circumstances, be delayed for failure by you to supply us with content. The payment may only be delayed if, upon supplying you with your website on its temporary domain, there are mistakes in what we supplied to you from what we have promised to you in our initial proposal. Once these mistakes have been rectified, your stage three payment will automatically become due. Any mistake must be communicated to us, in writing, in the 5 business days between us delivering you your website and us taking the stage three payment. Once stage 3 payment is received we will put your website on its permanent domain and set you up your email accounts provided the customer has requested our web hosting services. We can arrange this or the customer is free may arrange this themselves

Refund Policy

Before Work has Started:

You will be entitled to a complete refund of your 50% deposit if no work has started on your project and when we receive notice in writing that you are canceling your project and request a refund. After Work Has Started: Once we have started work on your project no refund is available on the 50% deposit paid. Work may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from Winners Web & Graphic Design, and any other work undertaken by Winners Web & Graphic Design in relation to your project.

After Website/Design Has Been Supplied:

Once your website/design has been delivered and payment taken, no refund is available for the payments. If you choose to discontinue your website build, you must notify us in writing at this stage. If you do cancel your website build at this stage you will have ownership of the website design concept(s) (excluding stock images and other materials not owned by either party) that we have supplied.

After Website Delivery:

Following structure approval and sign off we will supply you with your website on a temporary domain name. At this stage, your website will contain the content you have supplied to us. Should we not have received content from you, dummy content will be entered onto your website. Our stage three, and final charge of 25% is taken 5 business days after we have sent the details of the temporary domain name. If you cancel your website project at this point, no refund will be available to you. The stage three payment can only be delayed if there are mistakes in the site we provide to you, to what we have promised in our initial proposal. Should such a defect occur, we will take the stage three payment once the mistake has been rectified.

Use of Images

If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner. Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by us. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you want to own the images on your website or use them for another purpose then please contact us and we will help to put you in contact with the image rights owner. This does not apply to images that you own and provide to us for use on your website.

Website Content

Winners Web & Graphic Design reserve the right to refuse to handle any material which it deems offensive, illegal, controversial, libelous or an infringement of the proprietary or other rights of any third party.

The customer guarantees that any elements of trademarks, text, graphics, photos, designs, or other artwork given to Winners Web & Graphic Design for inclusion in the web or graphic design project are owned by the customer. If not, that the customer has permission from the owner to use each of these elements. Winners Web & Graphic Design cannot take responsibility for copyright infringements caused by materials submitted by the customer.

Quotations provided to the customer by Winners Web & Graphic Design are for soft copy text only (i.e supplied electronically. If the customer dosen't have soft copy and requires Winners Web & Graphic Design produce soft copy from hard copy additional charges will be incurred.

Links & Promotional Material

The Winners Web & Graphic Design website will include links to your website and vice versa. This is an important marketing avenue for us and is factored into your website cost. Winners Web & Graphic Design reserves the right to use customer websites, web designs, layouts, in advertising and / or marketing initiatives which may include portfolio examples on our website, case studies and other promotional initiatives.

Intellectual Property

In purchasing a website package with us you own the style and design of the website. You also own all of the content that you place onto your website apart from any stock images that we provide. The content, style and design on your website will be made available to you if you choose to leave Winners Web & Graphic Design.

Support

A face to face 1 hour training session is offered to cover how to use your website. This will be followed up by 6 weeks of telephone/email support. Any training that is needed after this period will be charged for. All technical faults or issues must be directed to your web hosting service unless you are using our web hosting services.

Your Privacy

We will only reveal data pertaining to your account if required to do so by Law. Your privacy is important to us and we will never sell, lease or distribute your contact details to any 3rd party.

Disclaimer of Warranties

Winners Web & Graphic Design does not give any warranty in respect of our services other than as is implied by Law.

Severibility

If a clause or part of a clause is read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of this document is not affected.

Insolvency

If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, Winners Web & Graphic Design have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not). We may also charge for materials purchased for the customer. Winners Web & Graphic Design will then have a lien on all goods and property in his possession in respect of all unpaid debts due from the customer. Winners Web & Graphic Design will give 14 days notice to dispose of such goods or property in such manner and at such price they think fit and apply the proceeds towards such debts.

Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). This includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: strikes, lock-outs or other industrial action; or civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or impossibility of the use of public or private telecommunications networks.

Law

These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England

Domain Name Registration

 

We recommend that you read through our Terms and Conditions and ask that you do not use our services until you have familiarized yourself with them. If you are using or have used our service it is understood that you have agreed to the terms set in this agreement.

When we say ” “Winners Web & Graphic Design” "We" “our service” we are referring to Winners Web & Graphic Design, our products &/or services. "You" "your""customer" and the like refers to you, and your agents. Our Terms and Conditions can change at any time so check our website regularly. Your continued use of our service implies acceptance of any subsequent revisions.

You acknowledge and recognize that the domain name system and the practice of registering and administering domain names is continuously evolving and that Winners Web & Graphic Design may modify this Agreement as necessary from time to time to comply with any agreements by which Winners Web & Graphic Design is or will be bound, and to adjust to changing business circumstances. We will notify of these changes by e-mail to refer you to the amended provisions.  Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments, including acceptance of the term and conditions required of Winners Web & Graphic Design by its domain name services provider.

You represent that, to the best of Your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

If You are registering a domain name during the finite period of time when owners of trademarks and service marks have priority to do so ("Sunrise Period"), You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted on the conditions applicable to those new domain names and their Sunrise provisions which may include a minimum registration term.

Customers that require Winners Web & Graphic Design to register their domain name:

The customer will supply Winners Web & Graphic Design with their company name together with full payment for this service.
They will also supply the full name of the person who they want the domain name registered to, the person’s, address, telephone number and email address.

Winners Web & Graphic Design will provide a selection of available domain names for the customer to choose from. The customer can and is also advised to register more than one domain extension. After written agreement of the domain name(s) that the customer would like to register, Winners Web & Graphic Design will register the domain name(s). The domain name will be registered in the name requested by the customer.

Customers that already have a domain name but require web hosting from Winners Web & Graphic Design.


Winners Web & Graphic Design will provide the customer with its named server details for them to give to their registrar to point to.

Domain Name Renewal Fees

All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.

If you dispute a payment through your credit card company, through PayPal or another financial institution we may immediately suspend or terminate all services you have purchased from us. We may levy a charge of £100 GBP per dispute instance, payable before we restore your services. If we are charged a chargeback settlement fee, or other fee related to the payment dispute, we may also pass this fee onto you.

Term

Once registered the customer's registration will last for a 12 month period.  This Agreement shall remain in full force during the length of the term of Your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name.   To ensure Your domains are not lost we operate an automatic renewal system on all domains.  Your domain will automatically renew for the term it was registered for unless You opt-out of this service in writing giving one weeks notice. Fees are not refundable and it is Your responsibility to ensure valid contact and payment details are on Your account at all times - failure can lead to suspension.

Winners Web & Graphic Design' domain renewal process is automated, however, it is Your responsibility to check that Your renewal has been successful within one month of the renewal date. You will automatically be charged for the renewal of the domain 30 days prior to its expiry.

Updated Information

As part of the registration process, You are required to maintain updated information at all times with Winners Web & Graphic Design. Winners Web & Graphic Design at its discretion may refuse to renew any registrations unless You maintain current and updated information at all times.

This includes:

  • the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name.
  • the name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name.

Obligations Relating to Data Provided by You

If in registering a domain name You provide information about a third party, You hereby represent that You have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement.

Disclosure and Use of Registration Information

You agree to authorize Winners Web & Graphic Design to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree Winners Web & Graphic Design may make publicly available, some or all of the domain registration information provided by You, for purposes of inspection such as through Winners Web & Graphic Design's WHOIS Service or for any purpose as required or permitted by ICANN and applicable laws.

Agents and licenses

You agree that in the event You register a domain name for another entity, You represent that You have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.  You acknowledge and agree that if You license the use of Your registered domain name to a third party, You remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating Your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration.

In any circumstance where You are registering a domain for a third party, You agree that You must (in advance):
Make Your customers aware of the Prices associated with domain name registration, renewal and maintenance.

Limitation of liability

You agree that Winners Web & Graphic Design shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if Winners Web & Graphic Design has been advised of the possibility of such damages, and in particular Winners Web & Graphic Design will not be liable for the following, suspension or loss of Your domain registration, use of Your domain name registration, interruption of Your business,  access delays or interruptions to any web sites accessed by Your registered domain name,  non-delivery, mis-delivery, corruption, destruction, or modification of data,  events beyond the reasonable control of Winners Web & Graphic Design, processing of an application for domain name registration; or application of the Dispute Policy.

Winners Web & Graphic Design shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to Your application, receipt of, or failure to receive a domain name registration.  Winners Web & Graphic Design's maximum aggregate liability shall not exceed the greater of  the total amount paid by You for registration of the domain name; or £50.00 (UK Pounds).

Indemnification of Winners Web & Graphic Design

You agree to defend, indemnify and hold harmless Winners Web & Graphic Design and the registry administrator, including Winners Web & Graphic Design and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs ( including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name.
You acknowledge that registration or reservation of Your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name from external parties.  You also agree that in the event a domain name dispute arises with any third party, You shall indemnify and hold Winners Web & Graphic Design harmless  all information provided in connection with Your domain name registration is accurate; and neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.


You acknowledge and agree that all domain name registration Services provided to You by Winners Web & Graphic Design are provided on an "as is" basis. Winners Web & Graphic Design makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations Services, including but not limited to warranties of merchantability or fitness for a particular purpose. Winners Web & Graphic Design makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize You from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to You.

Breach and revocation

Winners Web & Graphic Design reserves the right to suspend, cancel, transfer or modify Your domain name registration in the event that:
(a) You materially breach this Agreement;
(b) You use Your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
(c) You use Your domain name in connection with unlawful activity;
(e) You use Your domain name in connection with material that is slanderous to Winners Web & Graphic Design or other associated companies.

You further acknowledge and agree that Your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Winners Web & Graphic Design) or registry administrator.

You also agree that Winners Web & Graphic Design shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Winners Web & Graphic Design receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

You acknowledge and agree that providing inaccurate information, failing to update information promptly; or failing to respond to Winners Web & Graphic Design' inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request; shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Your domain name registration.

Cancellations, Changes and Transfers

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

Winners Web & Graphic Design receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
Winners Web & Graphic Design receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which You were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of Your Registration Agreement or other legal requirements.

Winners Web & Graphic Design Involvement in Disputes.

We will not participate in any way in any dispute between You and any party other than Winners Web & Graphic Design regarding the registration and use of Your domain name. You shall not name Winners Web & Graphic Design as a party or otherwise include Winners Web & Graphic Design in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves.

Severibility

If a clause or part of a clause is read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of this document is not affected.

Insolvency

If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, Winners Web & Graphic Design have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not). We may also charge for materials purchased for the customer. Winners Web & Graphic Design will then have a lien on all goods and property in his possession in respect of all unpaid debts due from the customer. Winners Web & Graphic Design will give 14 days notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.

Law

These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England

 

Web Hosting & Maintenance Terms & Conditions

 

By placing an order with  Winners Web & Graphic Design the customer  indicates acceptance of these terms and conditions.  We may modify any of these terms and conditions contained, at any time at our sole discretion, by updating our website. Your continued participation now or on the future will constitute a binding acceptance by you of such rules, changes or modifications. 

If Winners Web & Graphic Design have built your website we will host and maintain it (unless the customer wishes to host it elsewhere). Your website must be hosted on our servers for the duration of your contract with us. We cannot support your website unless it is hosted by us. If the customer chooses to host their website with another party Winners Web & Graphic Design will not be responsible for any technical or maintenance issues that may arise thereafter.  Your hosting plan will automatically renew every 12 months unless cancellation is requested in writing at least one week before renewal date. 

Website Content

You, as a Winners Web & Graphic Design customer, are solely responsible for the content stored on and served by your web site. Winners Web & Graphic Design reserve the right to refuse to handle any material which it deems offensive, illegal, controversial, libelous or an infringement of the proprietary or other rights of any third party.

The customer guarantees that any elements of trademarks, text, graphics, photos, designs, or other artwork given to Winners Web & Graphic Design for inclusion in the web or graphic design project are owned by the customer. If not, that the customer has permission from the owner to use each of these elements. Winners Web & Graphic Design cannot take responsibility for copyright infringements caused by materials submitted by the customer.

Spamming

Spamming (sending unsolicited commercial or bulk emails) using our servers is strictly prohibited. Sending spam emails which include links to a web site hosted on one of our servers is also forbidden. We reserve the right to suspend or terminate any site that is linked to or from spam emails. To protect our servers we may impose limits on the number of emails sent within a particular time frame from our servers.  We have a zero tolerance policy for the use of our network for the posting of messages or commercial advertisements, which violate the rules or/and regulations.  We want to allow our customers to use our servers in the best way possible, but in order to protect other users, we may, temporarily suspend a shared hosting site if the site slows down our servers or uses too much server resource. We will, in the first instance, try to find a solution together with the customer.

Data Transfer and Disk Space

This is dependent upon your the type of server and hosting package that you use.

Payment in Advance

The cost of your website hosting is dependent upon whether you take out shared hosting or dedicated hosting.  Payment for your hosting is charged every month or annually if suited to the customer. If you cancel your service, you will not be billed again. However, you will not be eligible for a refund or partial refund for the previous payment, regardless of how much of the current month you have used. Payment is only accepted by a direct debit from a nominated bank account or cheque. 

Non-payment of Monthly  Fee

If the monthly payment for your website becomes overdue by more than 10 days we will terminate your service until all outstanding fees are collected. This will include any email addresses we provide as part of your package. We will charge a reinstatement fee in addition to all outstanding fees.

If the monthly payment for your website becomes overdue by more than 90 days we will send your account to a debt collection agency. You will then be liable for any fees incurred in the recouping of the fees charged by the agency.

Cancellation of Account and Refund Policy for Monthly Fee

One weeks notice in writing is required from the customer to cancel our services. From the time we receive your written cancellation confirmation you will no longer be billed by Winners Web & Graphic Design. No refunds or partial refunds are available for unused portions of the month. Once we receive your request we will reply with a written confirmation of cancellation.

Charge back and Payment Disputes

If you dispute a payment through your credit card company, through PayPal or another financial institution we may immediately suspend or terminate all services you have purchased from us. We may levy a charge for each dispute instance, payable before we restore your services. If we are charged a chargeback settlement fee, or other fee related to the payment dispute, we may pass this fee onto the customer.

Email Hosting

We provide a business email service. Features include:

Accounts at your domain (john@yourdomain.com jane@yourdomain.com etc)

Unlimited aliases (e.g. support@, sales@)

2GB of storage per mailbox

Your plan includes 5 email accounts.  There are extra charges for each additional mail box you require (after your included 5).

Support

Winners Web & Graphic Design provides technical support to our customers via email and telephone system.   Winners Web & Graphic Design provides support related to your web site's physical functioning. Winners Web & Graphic Design does not offer technical support for application specific issues such as PHP or cgi programming, html, script installation or any other similar issue. 

Winners Web & Graphic Design provides support to cover issues including:

  • Help using your control panel.
  • Help using CMS (understanding what you can do and where you do it)
  • Help using web mail (and one time support for email setup)
  • Help configuring and transferring Domain Names
  • Billing enquiries
  • Bug reports and fixes.
  • Updating WordPress (if used to build your site)
  • Updating plugins (if applicable)
  • Backing up your website
  • Technical assistance if your site crashes.

Your Privacy

We will only reveal data pertaining to your account if required to do so by Law. Your privacy is important to us and we will never sell, lease or distribute your contact details to any 3rd party.

Fair Use Policy

We employ a fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a Winners Web & Graphic Design customer then we reserve the right to terminate your website account immediately.

Accessibility

We make efforts to ensure that the website and your services are online 24×7 every day of the year. However, there may be times when the website will be down. When our service is off-line we will do our best to get it online as soon as possible. We will not be held responsible for damage, events or losses directly or indirectly related to the website being off-line.  We might have to, from time to time, perform maintenance, upgrades or replacements to our servers. We reserve the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server.   In this event, the customer will be sent an e- mail at least 24 hours before the due date and time for maintenance.

Service Level Agreement

We endeavour to provide at least 99.9% up time on all hosting.

Liability

We will not be held liable for any action or inaction relating to our service. We offer a quality service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline then please contact us and we will try to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service.

Disclaimer of Warranties

Winners Web & Graphic Design does not give any warranty in respect of our services other than as is implied by Law.

Severibility

If a clause or part of a clause is read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of this document is not affected.

Insolvency

If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, Winners Web & Graphic Design have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not). We may also charge for materials purchased for the customer. Winners Web & Graphic Design will then have a lien on all goods and property in his possession in respect of all unpaid debts due from the customer. Winners Web & Graphic Design will give 14 days notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.

Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). This includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: strikes, lock-outs or other industrial action; or civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or impossibility of the use of public or private telecommunications networks. 

Violations

If you violate our terms and conditions we may terminate or suspend (temporarily or indefinitely) any services you have with us. In this case no refund will be given for any payments that have been, or are made by you to us.  Following a violations of or terms and conditions, we may levy an investigation charge which the customer will be liable to settle.

Law

These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.

Graphic Design Terms & Conditions

Payment

If the customer is happy with their choice of design/printing product the customer must make full payment on-line. Once payment and completed design brief is received we will start work on the customer's design.

Refund Policy

Before Work has Started: You will be entitled to a complete refund if no work has started on your project and when we receive notice in writing that you are canceling your project and request a refund.

After Work Has Started:Once we have started work on your project no refund is available. Work may include, but is not limited to; contact between yourself and an Account Manager and/or designer from Winners Web & Graphic Design, and any other work undertaken by Winners Web & Graphic Design in relation to your project.

After Design/Printing Has Been Supplied: Once your design/printing has been printed and or delivered and payment taken, no refund is available. If you choose to discontinue your project, you must notify us in writing at this stage. If you do cancel your project at this stage you will have ownership of the design/printing (excluding stock images and other materials not owned by either party) that we have supplied.

Price Revision

Quotations are based on Winners Web & Graphic Design's current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs. 

Preliminary work

All work carried out, whether experimentally or otherwise, at customer’s request shall be charged.

Copy

A charge may be made to cover any additional work involved where text supplied by the customer is not clear and legible or is not supplied by soft copy or on disk.

Proofs

Proofs of all work will be submitted for the customer’s approval and Winners Web & Graphic Design shall incur no liability for any errors not corrected by the customer in proofs submitted. Customer alterations and additional proofs shall be charged extra. When style, type or layout is left to Winners Web & Graphic Design’s judgment, changes made by the customer shall be charged extra.

Delivery and payment

Ownership of graphic design shall pass to the customer when complete payment for works is received by Winners Web & Graphic Design. The price quoted is for delivery of the work to the customer’s address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.

If the customer requires an urgent delivery an extra charged may be made to cover any overtime or any other additional costs involved. If work is stopped or delayed by the customer Winners Web & Graphic Design shall be entitled to immediate payment for work already carried out, materials specially ordered and any other additional costs.

Damage, delay or partial loss of Goods

Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Winners Web & Graphic Design within 5 clear days of delivery and any claim in respect thereof must be made in writing to Winners Web & Graphic Design.

Liability

Winners Web & Graphic Design shall not be liable for any consequential loss to the customer arising from any advice given, designs, works or materials supplied, services rendered or delay.

Customer’s property

While the customer's property is in the possession of Winners Web & Graphic Design or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure accordingly. Winners Web & Graphic Design shall be entitled to make a reasonable charge for the storage of any customer’s property left with Winners Web & Graphic Design after notification to the customer of completion of the work.

Insolvency

If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, Winners Web & Graphic Design have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not). We may also charge for materials purchased for the customer. Winners Web & Graphic Design will then have a lien on all goods and property in his possession in respect of all unpaid debts due from the customer. Winners Web & Graphic Design will give 14 days notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.

Content of Printed Matter

Winners Web & Graphic Design reserve the right to refuse to handle any material which it deems offensive, illegal, controversial, libelous or an infringement of the proprietary or other rights of any third party. We are also entitled to terminate our service should the necessity arise and the customer will not be entitled to any payment/refund.

The customer guarantees that any elements of trademarks, text, graphics, photos, designs, or other artwork given to Winners Web & Graphic Design for inclusion in the web or graphic design project are owned by the customer. If not, that the customer has permission from the owner to use each of these elements. Winners Web & Graphic Design cannot take responsibility for copyright infringements caused by materials submitted by the customer. 

Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). This includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: strikes, lock-outs or other industrial action; or civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or impossibility of the use of public or private telecommunications networks. 

Ownership of Work

The finished goods (including copyright, intellectual property rights) shall not be the customer's until payment is received in full. The customer grants an irrevocable right and license to Winners Web & Graphic Design’s servants and agents to enter upon any of its premises with or without vehicles during normal termination of the Contract of any reason and is without prejudice to any accrued rights of Winners Web & Graphic Design there under or otherwise. 

Law 

These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.

Logo Design Terms & Conditions

Payment

Once the customer is happy with their choice of logo design package the customer must make full payment on-line. When payment and completed logo design brief is received we will researchinformation about the customer's line of business and conceptualize a number of logos (this number varies upon customer’s chosen logo design package). The customer is expected to choose one of the logos that they would like to use as their brand or would like amended to their complete liking. When written agreement of this is received this logo will be tweaked until the customer is satisfied and the logo is finally signed off. Once signed off, Winners Web & Graphic Design will supply the customer with raw files in eps, jpeg and PNG format, in large, medium and small sizes. Any defect must be communicated to us, in writing, within 5 business days after receiving your work.

Refund Policy

Before Work has Started: 

You will be entitled to a complete refund if no work has started on your project and when we receive notice in writing that you are canceling your project and request a refund.

After Work Has Started: Once we have started work on your project no refund is available. Work may include, but is not limited to; contact between yourself and an Account Manager and/or designer from Winners Web & Graphic Design, and any other work undertaken by Winners Web & Graphic Design in relation to your project.

After Logo Has Been Supplied: 

Once your logo has been delivered and payment taken, no refund is available. If you choose to discontinue your project, you must notify us in writing at this stage. If you do cancel your project at this stage you will have ownership of the logo.

Price Revision 

Quotations are based on Winners Web & Graphic Design's current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.

Liability

Winners Web & Graphic Design shall not be liable for any consequential loss to the customer arising from any advice given, designs, works or materials supplied, services rendered or delay.

Insolvency 

If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, Winners Web & Graphic Design have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not). We may also charge for materials purchased for the customer. Winners Web & Graphic Design will then have a lien on all goods and property in his possession in respect of all unpaid debts due from the customer. Winners Web & Graphic Design will give 14 days notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.

Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). This includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: strikes, lock-outs or other industrial action; or civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or impossibility of the use of public or private telecommunications networks.

Ownership of Work

The finished goods (including copyright, intellectual property rights) shall not be the customer's until payment is received in full. The customer grants an irrevocable right and license to Winners Web & Graphic Design’s servants and agents to enter upon any of its premises with or without vehicles during normal termination of the Contract of any reason and is without prejudice to any accrued rights of Winners Web & Graphic Design there under or otherwise.

Law

These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.