Terms & Condition
Welcome to Winistudios.com!
Before the use of any winistudios.com services, please read all of the terms and conditions carefully before you proceed. You may only create an account after reading and accepting these terms. You may not access or use the Site or Services if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, you cannot use the Services.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
The Copyrights of the website, its materials (including, but not restricted to, the logos, design, text, graphics, and other files) and the arrangement pattern are owned by winistudios.com
No part of this website may be transmitted, distributed or reproduced in any form or by any means without the prior written permission from winistudios.com.
If we discover that any Third Party has used/is using our copyright materials in any form, we may bring legal proceedings seeking monetary damages and an injunction to stop infringement of materials.
This user agreement is a contract between users who wish to purchase designs (“Customers”) and winistudios.com (the “Site”), that governs usage of the Site and it’s services. This User Agreement set forth the legally binding terms for use of winistudios.com website and Services as a Customer/user. The terms, “we” and “our” as used in this Agreement refer to winistudios.com. By registering/subscribing/obtaining for Services, Customers are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
- “Agreement” means a negotiated and legally enforceable understanding between two or more legally competent parties that is intended to be enforceable by law.
- “Party” means a person or business entity who has executed this Agreement. The parties to this Agreement are the Customer and winistudios.com (“Site”).
- “Date of agreement” – Date of this agreement shall be the date on which customer places the order.
- “Date of last delivery” shall be the date on which last delivery of designs are made to the customer.
- “Delivered Design(s)” is (are) the design(s) created and delivered by winistudios.com to the customer as per the obligations set out in the User Agreement.
- “Orders marked as completed” – If customer does not take any action within 30 days from last delivered design(s) then order will be marked as “Completed” Automatically.
- “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose or use.
- Only registered users may buy services on winistudios.com. Registration is free. User Account shall be governed by Account Agreement. In case users are buying services without doing registration, we will register them automatically with the provided Email IDs by themselves.
- Winistudios.com will send coupons, surveys, updates and other promotional emails on provided email IDs by the user, However customer will be able to unsubscribe at anytime.
- Customers at their discretion will directly choose the service from available packages for different services. By obtaining the service they are accepting this Agreement.
- Orders are the formal Agreement between a customers and service provider.
- Customers will make payment to winistudios.com in advance to place an order.
- Payment shall be routed through PayPal. You can link debit card, credit card, a bank account or PayPal Credit to your PayPal account as a payment method. Payment processing fees shall be collected additionally from the Customers.
- While placing the order for service, every Customer will provide
- Detailed description of the project/task/order/service they need along with required personal and professional information.
- Electronic files, sample(s) if any, required for a Designer to complete the project/task/order/service (complete detailed information regarding customers need shall help us to serve customer best).
- We agree to provide best professional, creative efforts and skills to complete designs as per the selected/obtained available packages for different services.
- Designs shall be transferred /delivered to the customer in accordance with the obligations set out in the User Agreement.
- Modification rounds for changes in the designs shall be provided to the Customers as per the package or offer selected.
- Customers at their discretion may opt for additional modification rounds/additional services.
- Customer agrees that by purchasing the right to use the transferred design, Customer’s rights in and to the Delivered Design is limited. However rights are not limited to:
- The inability to prevent winistudios.com from re-selling the Transferred Design to a third party, or to prevent such third party from using the Transferred Design for commercial purpose or any purpose; and
- The inability to pursue registration of the Transferred Design as a trademark or service mark with any government authority.
- Disclosure of any third party Intellectual Property Rights in the delivered designs shall be made in prior to the customer.
- If customer orders for the services, they will have “Commercial Use License” by default.
- This Commercial License is subject to winistudios.com Terms of Service. There is no warranty, express or implied, for the purchase of this Commercial Use License.
- If the Design contains the Intellectual Property Rights of a third party, then winistudios.com shall obtain a license from the relevant third party to incorporate the Intellectual Property Rights of that third party in the Design and to assign the same rights to the customer.
- If the Third Party License is capable of assignment to the Customer, then disclosure this fact to the Customer shall be made prior to delivery of the design(s).
- If customer holds any Intellectual Property Rights of a third party and wish to incorporate into the designs, then customer shall disclose the same while placing the order itself or immediately after placing the order and all further responsibilities of Intellectual Property Rights of third party in the delivered designs shall be of customer.
- These Terms shall be governed and construed in accordance with the laws of State of Punjab in India. The Parties submit to exclusive jurisdiction of the courts of Mohali, Punjab, India.
- Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
- We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
- It is also agreed that in the event any article or provision or part thereof this agreement is held to be unenforceable or invalid then other remaining article or provisions shall remain in full force and effect.
- You agree to defend, indemnify and hold winistudios.com harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.
After we have successfully processed your payment, you will receive an email. After this our executives will get in touch with you and final results of services shall be provided in said time. If you do not receive an email after this time period, please contact us.
When customer purchases the services/ product from winistudios.com, he/she has the authority to use it anywhere according to their need.
All site content that is published on winistudios.com is the property of winistudios.com. Any replicated site content must be authorized in advance. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of winistudios.com
Winistudios.com. offers mail or live chat facility for customer support.
Winistudios.com may on occasion send you email notifications related to our designs. These transactional emails may include notification of new offer launch, changes to our terms and conditions, and other transactional emails related to your purchase of services/ products.
Winistudios.com reserves the right, at any time, to suspend the account temporarily or permanently. If an account owner is involved in spamming or illegal activity, we will limit the use.
Pricing: We reserve the right to change pricing at any time for any reason. If we change the price, we shall only execute the pipeline orders on previous price, what we assured to the customer. No notification shall be provided to the customer about the change in price of our services.
Payment Methods: Payment shall be routed through PayPal. You can link debit card, credit card, a bank account or PayPal Credit to your PayPal account as a payment method. Payment processing fees shall be collected additionally from the Customers.
A Refund Policy is the agreement where customers are informed about refund policies. We will be happy to consider a refund within the first 30 days of your original purchase and will be granted in the sole discretion of winistudios.com.
- Customer is eligible to get refund in case
- Winistudios.com is unable to deliver the First Set of design(s) as decided mutually prior to order placement.
- Customer has not accepted First Set of Design(s) for the order then he/she may request a refund of the amount paid with appropriate reason, at any time up to 30 days from the delivery of the First Set of designs.
- Customer will not be eligible for refund in case
- Customer has already asked to/is asking to update/edit the First set of designs he/she has received for the order then it is considered as acceptance of provided designs hence refund or cancellation will not be possible after that point.
- Customer does not take any action(s) within 30 days from the delivery of First Set of designs then the order will be marked as “Completed” Automatically and he/she will not be eligible for the refund.
- How will they receive the refund (credit or replacement)?
- Amount shall be refunded to the customer by the same mode through which the original payment was made for purchase or via any other method specified by winistudios.com.
- Customer acknowledges – Once refund process is initiated or refund is made, customer agrees that
- He/ She will not use the earlier delivered design(s), and he/she gives up the right to use design(s).
- Usage of such design(s) shall make infringement of user agreement.
- He/ She will avoid any dispute or increased costs to winistudios.com.
- Who pays/bears payment processing fees?
- PayPal payment processing fees shall be borne by the customer. Amount shall be refunded after deducting processing fees/charges.
If you are not satisfied for any reason, submit the refund request via mail or live chat and our executive will help you in it.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will seller or its suppliers or resellers be liable for any indirect, special, incident or consequential damages arising out of the use of or delivery of files/services. In any case, seller’s entire liability under any provision of this agreement shall not exceed in the aggregate the sum of the fees buyer paid and fees for support of the product received by winistudios.com under a separate support agreement (IF ANY), with the expectation of death or personal injury caused by the negligence of seller to the extent applicable law prohibits the limitation of damages in such cases. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the exclusion and limitation may not be applicable. ‘winistudios.com’ is not responsible for any liability arising out of content provided by buyer or the third-party that is accessed through the product and/ or any material linked through such content.
The preceding terms & conditions govern the sale of winistudios.com between you the buyer and seller. By placing an order with us you acknowledge that you have read, understood, and agree with our terms & conditions. Please notify us prior to placing an order if you disagree with any of our terms & conditions or would like to request some type of exemption. We reserve the right to alter these terms and conditions at any time for any reason.
We reserve the rights to cancel the order at any time
- In case of breach of any term or clause of this agreement, winistudios.com reserves the right to cancel the order at it sole discretion without giving prior notice to the customer regarding the same.
We reserve the right to change or modify the current terms and conditions with no prior notice.
Updated: October 1, 2018 01:15 PM Indian Standard Time (IST)