terms and conditions 

In order to become a customer of magicdust, or a user of any and all magicdust services including webdesign services, domain name registration, website hosting,graphic design and emarketing, you must agree to the following terms and conditions.

cancellation & refunds

1. All deposits and fees paid are non-refundable after the design brief is returned to magicdust or after 30 days has elapsed since the date of deposit paid. Refunds will be less an $80+GSTadmin fee.
2. Once the design brief is submitted to magicdust, all design fees are payable in due course. No cancellations will be accepted and no refunds will be given. All design services ordered must be paid for in full unless cancelled before submitting the design brief.
3. The usability, functionality and/or limitations of both the eWeb and eShop content management systems is no reason for not paying the balance of your website. If you require a particular functionality magicdust provides demos of both CMS programs that you can trial prior to signing the terms and conditions.
4. Fees charged on a prepay basis are non-refundable. 
5. Please contact our admin team for a cancellation form, this is required before we cancel the account.
6. If a customer contravenes the magicdust terms and conditions, the service will be terminated immediately with no refund.

general

1. magicdust reserves the right to refuse service and/or access to its products and servers to anyone.
2. magicdust reserves the right to suspend or cancel a customer's access to any or all services provided by magicdust when magicdust decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
3. Individual accounts are to be used by the account holder only. Individual account holders are not permittedto sell, resell, store or give away magicdust services to other parties. 
4. magicdust does not allowany of the following content to be stored on its servers:
   a. Illegal material, including copyrighted works, commercial audio, video, ormusic files, and any material of any type in violation of any Federal, State orLocal law or regulation anywhere in the world.
   b. Scripts - Any Script that creates a load on the server will be removed. 
   c. Adult material, including pornography, erotic images, or otherwise lewd orobscene content of any type. What constitutes "adult material" is entirelyat the discretion of magicdust. 
   d. Warez, including pirated software, ROMS, emulators, phreaking, hacking,password cracking. IP spoofing, etc., and encrypting of any of the above. Alsoincludes any sites which provide "links to" or "how to"information about such material.

website design & support

1. You will receive two designconcepts, and a slight variation of each concept by email based on the designbrief you submit. You can request a reasonable number of changes to theconcepts until the design is to your satisfaction, approx 2-3 is normal. 
2.  All websites will be delivered with blank pages and/or a blank database, the customer is responsible for inserting copy, products and/or images etc. 
3. All magicdust website designs remain the copyright of magicdust, and due to the eWeb content management system and eShop licensing restrictions cannot be moved away from magicdust servers.
4. If a logo has been purchased, this will need to be signed off before the website design is commenced.
5. Support, FAQs and manuals areavailable free of charge in each user account and on www.magicdust.com.au to assist customers update their websites.
6. magicdust eWebs are self managed and magicdust is not responsible for any copy, editing or updating of your website. magicdust is under no obligation to do any work on your website unless contracted to do so.
7. magicdust has a business hours help desk available by phone or email 9am-5pm AEST. This service is provided to direct you to information to solve a single problem.

domain registration

magicdust does not guarantee the requested domain names are available or are able to be registered. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered

taxes

magicdust shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made by the Customer using magicdust's server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer. 

material and products

The Customer agrees that he or she has the necessary knowledge to maintain the eWeb or eShop website. The Customer agrees that it is not the responsibility of magicdust to provide this knowledge or customer support outside of the defined service of the magicdust eWeb or eShop support. magicdust will exercise no control whatsoever over the content of the information passing through the network. 

disclaimer

1. magicdust and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if magicdust  is aware of the risk of such damages, that result in any way from the Customer's use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software. 
2. magicdust makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. magicdust also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. 
3. Use of any information obtained by way  of magicdust is at the Customer's own risk, and magicdust specifically denies any responsibility for the accuracy or quality of information obtained through its services.  
4. magicdust expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. magicdust specifically denies any responsibilities for any damages arising as a consequence of such unavailability. 

trademarks & copyrights

The Customer warrants that it has the right to use the applicable trademarks, if any. 

hardware, equipment & software

The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access magicdust websites. magicdust makes no representations, warranties or assurances that the Customer's equipment will be compatible with the magicdust service. 

limited liability

1. The Customer expressly agrees that use of magicdust websites and services is at the Customer's sole risk. Neither magicdust, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the magicdust service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the magicdust servers, unless otherwise expressly stated in this Agreement. 
2. Under no circumstances, including negligence, shall magicdust, its officers, agents or anyone else involved in creating, producing or distributing magicdust services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the magicdust website services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to magicdust's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on magicdust's servers. 
3. Notwithstanding the above, the Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs. 

lawful purpose

The Customer may only use magicdust servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials. 

indemnification

The Customer agrees that it shall defend, indemnify, save and hold magicdust harmless from any and alldemands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against magicdust, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold bythe Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless magicdust against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with magicdust's server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the magicdust Server. 

governing laws

This agreement shall be governed in all respects by the laws of New South Wales Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales Australia.

severability

Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

contract revisions

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of magicdust, services as specified in Section I. Financial Arrangements. 

transfer

1. The Customer may not transferthis agreement without the written consent of magicdust. 
2. Magicdust websites cannot be transferred away from magicdust servers. Domain names will always remain the property of the Customer.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.