WinnMarketing Web Services (hereinafter “WinnMarketing“), is operated as a sole proprietorship in Manitoba, Canada. These Terms and Conditions of Service (hereinafter “Terms and Conditions“) are applicable to your access of the WinnMarketing Web Site, and to your use of the services offered through the WinnMarketing Web Site. By using any of the services or products provided or serviced by WinnMarketing , either directly or through a reseller, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions.
The present Terms and Conditions are effective as of July 30, 2017, and apply to all users of WinnMarketing services.
1. Terms and Conditions
1.1. Eligibility Criteria of WinnMarketing Services
The services offered through the WinnMarketing are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our services are available only to persons aged 18 and over. If accessing WinnMarketing services on behalf of a corporation you certify that you are a duly authorized representative of that corporation.
2. Account Creation, Maintenance, Modification, and Cancellation
2.3. Account Maintenance and Security
You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account. You agree that you are fully responsible for maintaining the confidentiality of your customer number and login information, password, credit card number (collectively the “Account Access Information”). You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify WinnMarketing immediately of any unauthorized use of your account or of any other breach of security. You agree WinnMarketing will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by WinnMarketing or another party due to someone else using your Account Access Information. WinnMarketing advises you keep your Account Access information in a secure location and take precautions to prevent others from gaining access and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of the WinnMarketing infrastructure in any way. While WinnMarketing has several measures in place to increase the availability and reliability of the data stored on its servers, you agree to maintain your own backup copies of all data stored on our servers and not to hold WinnMarketing liable for any errors or interruption of services, whether within or outside of WinnMarketing’s reasonable control.
2.4. Responsibility for Content
You agree that you are solely responsible for the content stored on and served by your hosting accounts. You further agree that you are responsible for all activity in your account, whether initiated by you, by others on your behalf, or by any other means. WinnMarketing disclaims liability for any activity in your account, whether authorized by you or not. For details on unauthorized activities, please consult our Acceptable Use Policy.
2.5. Account Suspension and Cancellation
Any service contract is automatically renewed at the end of each payment period. You may cancel your account and prevent an automatic renewal by requesting a formal cancellation through the Client Area on our Web Site at least 10 days prior to your service’s expiry date. The cancellation request must include all the necessary details to allow a WinnMarketing agent to properly identify the account in question, including your full domain name and hosting account type. You agree to comply with all the present Terms of Services and understand that WinnMarketing may need to suspend or terminate without prior notice any accounts that do not comply with these Terms and Services in order to maintain a safe and secure environment for our clients.
WinnMarketing performs regular courtesy backups of data stored on most shared hosting accounts. Backups are offered as a courtesy service and are not guaranteed. Under no circumstance will WinnMarketing be held responsible for any loss resulting for incomplete or incorrect backups. The Client is solely responsible for making regular and complete backups on their own computers of all data stored on WinnMarketing servers. Accounts using more than 10 Gigabytes of disk space or using more than 100,000 inodes may have their backup service automatically disabled in order to maintain system performance. On these accounts, courtesy backups may be reactivated by freeing up additional disk space and then contacting our Customer Service team.
2.6 Hosting Location
Our primary servers are located within Canada. External backups stored on Dropbox secured cloud hosting. As an additional service we can set up backups to be stored in Canada. as well.
WinnMarketing is committed to your privacy, and does not sell, trade or give out your personal information unless required as part of your service contract or by law. Read the complete policy here.
4. Acceptable Use Policy
In a shared web hosting environment, several clients must share server resources. As such, it is important not to use your hosting account in any way that may negatively affect other WinnMarketing clients.
5. Domain Names
Domain name registrations, renewals, and transfer are done as a courtesy service. WinnMarketing accepts no responsibility for problems arising from domain name registrations, renewals or transfers and are not guaranteed. Under no circumstance will WinnMarketing be held responsible for any loss resulting from incomplete or incorrect domain name transfers, renewals or registrations. The Client is solely responsible for their own domain name transfers, renewals or registrations. It is the client’s responsibility to follow all ICANN and CIRA regulations.
6. SSL Certificates
The use and installation of SSL Certificates offered by WinnMarketing is a courtesy service using Let’s Encrypt & Really Simple SSL. Following an SSL purchase, a WinnMarketing will generate a certificate and complete its installation on your account within 72 hours. Your Web Site may experience several hours of downtime during the SSL installation process. Unless otherwise requested prior to the installation, an SSL certificate will be installed and will work exclusively with the address https://primarydomain.com, where primarydomain.com will be your domain name on which the SSL certificate installation was requested. A maximum of one (1) SSL certificate can be installed per hosting account and per IP address. SSL Certificates are non-transferable, non-refundable and are not covered by our money-back satisfaction guarantee. We do not guarantee uptime of any SSL certificates installed on your site and our servers.
7. Help Service
The Help Service is a paid service offered by WinnMarketing in order to assist you with advanced technical issues relating to their web sites, outside of the scope of our standard agreements. The Help Service is billed by the hour, at an hourly rate established with WinnMarketing through written communications prior to the start of work. WinnMarketing cannot guarantee any specific results with their Help Service. While we will attempt to complete the given task in the time they have available, the results will depend entirely on the complexity of the project and the time-frame available. If we are unable to complete the required work in the allotted time slot, you will be informed of this and will have the option of ordering additional work-hours of the Help Service. The Help Service is non-refundable and is not covered by our money-back satisfaction guarantee. The first hour of Help fees must be paid prior to the start of the work, and additional hours incurred must be paid in full within five (5) days of the work being performed.
8. IP Address
Unless otherwise noted, your site will share an IP address with other clients on this server.
9. Site Transfers
WinnMarketing will make every effort to help you move your site to us. With this service WinnMarketing can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is different, and some hosting platforms save data in an incompatible or proprietary format, which may make it difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The site transfer service request must contain complete access details to your old account, in writing, via email, and must include all necessary login information to allow our technicians to connect to your previous hosting account.
You may, through the purchase of specific Reseller hosting services, resell to your customers the use of WinnMarketing’s hosting environment. You must ensure and enforce that all your customers that use any of our servers or services abide by our Terms and Conditions. You agree to defend, indemnify and hold harmless WinnMarketing , its officers, directors and employees, from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from any act or omission of any such the customer that would be a breach of these Terms and Conditions if committed by you.
11. Search Engine Listing
WinnMarketing is not directly associated with any search engines and is not responsible for the ranking of your web site in search results. However, WinnMarketing does offer certain Web Marketing services that may assist you in obtaining favorable search engine rankings with specific search engines, using specific keywords. WinnMarketing cannot guarantee specific results beyond what is described or guaranteed in each agreement with a client.
12. Service Guarantees
12.1. Money-back guarantee
WinnMarketing is fully committed to your satisfaction and offers the following money-back guarantee: if you are not 100% satisfied with the service obtained within 30 days of your purchase, WinnMarketing will refund your hosting costs. The money-back guarantee applies exclusively to shared web hosting and reseller hosting packages. Other services are not eligible for the money-back guarantee.
12.2. Technical support in 48hours or less
WinnMarketing guarantees fast and effective technical support to help you deal with any problems. We guarantee we will respond to questions sent to our support staff through an email support request within a maximum of 48 hours (although we normally reply much faster than that). This guarantee does not apply to incomplete support requests, requests that do not reach us, requests not directly linked to the services provided by us, or requests that have been responded to but require additional resolution time due to causes outside of our control. Response times may be longer during Canadian holidays and weekends. If a technical request is not answered within the aforementioned timeframe, you will be entitled to one 25% credit on your monthly hosting fees per incident, up to a maximum of 100% of your monthly hosting fees. This credit will be applicable on future hosting fees.
12.3. Server Availability
WinnMarketing understands the importance of having a continuously available web site and guarantees a server availability (or “uptime”) of 98%, calculated monthly. Our servers are considered available if they respond to external HTTP and PING requests from at least two different external monitoring services. Any scheduled maintenance outage will not be taken into account when computing monthly uptime. Sporadic or localized outages due to Internet network conditions outside of our control will also not be taken into account when computing monthly uptime, nor will incorrect DNS or account manipulations by the Client, including programming errors or script errors. If unscheduled outages cause the server to be unavailable for more than 0.05% of the month , you will be eligible to a 5% credit on your monthly fees for every hour of unscheduled downtime, up to 100% of your monthly hosting fees. Credits are only available for hosting accounts and will be applicable on future purchases or renewals with WinnMarketing following the reception of a written request from the affected Client.
All active services will be billed to your payment method of choice 5 days prior to the service renewal due date. In the event that you do not wish to renew your services, you must send a written notice to WinnMarketing at least 10 days prior to their service’s renewal date in order to avoid being charged for the automatic renewal of your services. Renewal invoices are generated automatically for all active services a minimum of three weeks prior to your services’ expiry date and are sent by email as well as being made available to you in the Client Area. You must maintain an active email address on file with us at all times in order to receive important account information, including invoices and expiry notices. All services not paid on their due date risk being suspended immediately, and may be terminated permanently shortly after, at WinnMarketing’s sole discretion. Should you wish to reactivate your services after they have been suspended, a reactivation fee may apply. By making any purchase by credit card or by adding a valid credit card to your account, you authorize WinnMarketing to automatically charge your credit card for any service renewals prior to the service’s expiry date. You may deactivate these pre-authorized charges by sending a written cancellation request at least 5 days prior to the service’s expiry date.
WinnMarketing accepts payments by checks, Visa, Mastercard, Paypal, Email Interac transfers with participating banks, wire/bank transfers and Western Union transfers. All payments must be made in Canadian dollars, unless stated otherwise. A first payment is required prior to the activation of a service, and all following invoices must be paid in full prior to their due date. Any overdue invoice with carry a penalty of 5%, compounded monthly. Any returned or bounced checks due to insufficient funds will incur additional fees of 35.00$, plus taxes. All non-automated payments (checks, wire transfers, money orders, Interac or Western Union) must me made for a minimum total amount of 50.00$, excluding taxes. Any amount paid exceeding the invoiced amount will be added to your account in the form of credit to be used automatically for any future payments. MasterCard and Visa payments are subject to a 2% fee to cover the additional cost of processing credit card transactions.
15. Refund Policy
You can request a refund within the context of WinnMarketing’s money-back guarantee within 30 days of payment by sending an email request to WinnMarketing. Refunds are only available for web hosting and reseller hosting products, for payments made by credit card or via Paypal. Refunds cannot be given for payments made by check, money order, wire transfer, Western Union, Money Gram, or Interac Email Payments. Pre-paid funds cannot be refunded after the initial money-back guarantee period. Refunds will be issued in a maximum of 30 days following the reception of the complete refund request. The following products and services are non-refundable: domain name registrations and renewals (including ID Protection services), dedicated servers (including associated control panel and Operating System licensing fees), SSL certificates (including installation and setup fees), Webmaster Help, Email Marketing and Web Marketing services. In the event that a non-hosting product or service was offered at a discounted rate with the purchase of a hosting product, the original full value of said product or service will be withheld from any refunded amount. Setup and installation fees are non-refundable. Billing errors can be credited for a maximum retroactive period of 2 months. In the unlikely event that a billing error comes to your attention, you are encouraged to contact WinnMarketing as quickly as possible to correct the error.
16. Chargebacks and Reversals
In the event you issue a chargeback or reversal of charges you will be responsible for a $50.00 billing service fee. Bounced checks returned by WinnMarketing’s banking institution due to insufficient funds will incur a penalty of 35.00$.
17. Disclaimer and Limitation of Liability
17.1. SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, WINNMARKETING DOESN’T (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY WINNMARKETING , EITHER DIRECTLY OR THROUGH A RESELLER, AND THE WINNMARKETING WEB SITE, ITS CONTENT AND THE SERVICES AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT. WHEN USING OR WHEN SEEKING TO USE THE WINNMARKETING WEB SITE, THE USER EXPRESSLY AGREES THAT WINNMARKETING MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY WINNMARKETING , EITHER DIRECTLY OR THROUGH A RESELLER AND THE WINNMARKETING WEB SITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF THE WINNMARKETING WEB SITE AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WINNMARKETING WEB SITE, WINNMARKETING INCLUDES LINKS TO OTHER WEB SITES FOR WHICH WINNMARKETING HAS NO CONTROL. WINNMARKETING DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEB SITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST WINNMARKETING IN CONNECTION WITH SUCH WEB SITES; AND (iii), WINNMARKETING MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WINNMARKETING DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. 20.2. WINNMARKETING WILL IN NO EVENT BE LIABLE REGARDING THE WINNMARKETING WEB SITE OR ANY OTHER RELATED WEB SITE, WITH RESPECT TO ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A BREACH OF CONTRACT, ERROR, OMISSION, OR FOR DAMAGE OR OTHER DAMAGES THEREFORE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF WINNMARKETING IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 20.3. ALTHOUGH WINNMARKETING ENDEAVOURS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. IN THE EVENT WINNMARKETING NOTICES AN ERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY.
18. Entire Agreement
This Agreement, related policies, and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WINNMARKETING MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority and these Terms and Conditions will take second priority in interpreting the parties’ rights and obligations.
19. Force Majeure
WINNMARKETING will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold WINNMARKETING liable for any of the consequences of such interruptions.
20. Trademarks and Copyrights
The names WINNMARKETING and winnmarketing.ca, as well as the logos associated with these names are trademarks owned by WinnMarketing. Any use of these trademarks is strictly prohibited without the prior written consent of WinnMarketing. In addition, all names and trademarks belonging to third parties and appearing on the WinnMarketingWeb Site are the property of their respective owners and may be used only with the consent of their respective owners. The WinnMarketing Web Site, along with its contents, including text, images and the selection and arrangement of its data, are protected by copyright © 2017, WinnMarketing ALL RIGHTS RESERVED. You can view and download the information contained on the WinnMarketing Web Site for your personal use and not for commercial purposes. Any other use, modification or copying of the Site, in whole or in part, without WinnMarketing’s prior written consent is prohibited.
21. Questions and Concerns
If you would like more information about WinnMarketing’s Terms and Conditions, please contact WinnMarketing via our contact page.
Complaints or policy violations should be reported to rod @winnmarketing.ca.
Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.
WinnMarketing reserves the right to sever any and all services and responsibilities to any client for any reason with no written or verbal notification. While we will endeavor to provide the client with the most recent backups of their data at the termination of our agreements this is at the sole descretion of WinnMarketing to provide these services.
24. Applicable Law and Jurisdiction
This Agreement and its interpretation are subject to the laws of the province of Quebec and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the Province of Manitoba, including disputes regarding the Agreement’s interpretation and its effects.