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Terms & Conditions

Terms & Conditions

Product Specific T&Cs

Logo and Graphic Design

General Terms and Conditions

Ongoing Website Service

Our Ongoing Website Service is only supplied to websites that Magicdust has built and includes three valuable components: Website Support, WordPress and Security Updates, and Hosting.

Support:

  1. 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 your issue.
  2. FAQs and manuals are available free of charge in the Support Centre to assist customers to update their websites.
  3. Our friendly domains team are on hand by email or phone to help your navigate the complexities around domain names, email accounts, email hosting, parked domains, sub-domains etc.
  4. Magicdust has an emergency email, which may only be used in an absolute emergency (website is down, emails not working). If your query is not deemed an emergency and you require it to be fixed outside of business hours, this will be chargeable at a rate of $150 excluding GST.
  5. Magicdust eWebs are self managed and Magicdust is not responsible for any copy, editing or updating of the client’s website. Magicdust is under no obligation to do any work on your website unless contracted to do so.

WordPress and Security Updates:

  1. Each day we run a set of server and website malware scanners to proactively detect any malicious activity and proactively manage any issues as quickly as possible. Actively monitoring and keeping your website up to date reduces the risk and vulnerability of being attacked.
  2. Each week we run all updates to WordPress itself and all plugins. This optimises the performance of your website, fixes any bugs, ensures compatibility, adds any new features, and most importantly optimises security.

Hosting:

  1. We have a round the clock team monitoring the servers to ensure 99.9% uptime.
  2. We run a daily, weekly and 2 monthly back-ups, so at any time we maintain 4 restore points stored on our secure back-ups servers.
  3. Each website account is allocated the standard relevant bandwidth and disk space based on your allocated hosting packaged outlined in your contract. Any additional usage is an additional charge. Magicdust will monitor your usage and if Magicdust anticipates that your website may require more bandwidth/disk space your allocation will be increased. When additional bandwidth/disk space is purchased, the activation of the disk space is provided as the website requires it up to the purchased amount.
  4. Although Magicdust monitors the bandwidth/disk space usage of the website, Magicdust does not take responsibility for any website going offline due to exceeding bandwidth or disk space. It is the clients responsibility to notify Magicdust of any potential increases in usage so this can be accommodated.
  5. Magicdust does not allow any of the following content or websites to be stored on its servers:
    1. Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
    2. Scripts – any script that creates a load on the server will be removed.
    3. Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide ‘links to’ or ‘how to’ information about such material.
    4. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. In addition to this websites are not allowed to link to this type of content. What constitutes ‘adult material’ is entirely at the discretion of Magicdust.
    5. Websites that promote the sex service industry, which includes but is not limited to prostitution.
    6. Customers agree to a six (6) month contract, beginning upon the date Magicdust has designed, built and handed over the website (i.e. the date when Magicdust sends out the username and password).
    7. Anything found to contain the above will be terminated without notice.

Ongoing Website Service Fee

  1. The Ongoing Website Service Fee commences once your website has been complete and signed of by the client.
  2. Customers agree to a six (6) month contract, beginning upon the date Magicdust has designed, built and handed over the website (i.e. the date when Magicdust sends out the username and password).
  3. The ongoing monthly fees are on an automatic debit basis. The auto debit payments begin on the 28th day of the month in which your website is designed, built and handed over to you.
  4. If paying annually (this payment option has been discontinued and is not available to new clients) you will be issued a renewal invoice 1 month prior to your hosting expiring. This must be paid in full by the due date.
  5. The annual website service period begins on the last day of the month the website is handed over to the customer.
  6. Annual Ongoing Website Service fees are non-refundable after payment has been received.
  7. This agreement will automatically renew after the life of the contract has ended until cancelled in writing. Fees are subject to change after this six (6) month period with notice from Magicdust.
  8. Failure to make annual or ongoing monthly payments may result in your website and emails being suspended and consequently terminated.
  9. Monthly fees charged on a prepay basis are non-refundable.
  10. If your Ongoing Website Service fee is set up to be paid monthly please see the direct debit authorisation form for related terms and conditions.

Financial Arrangements

  1. All prices are valid for 30 days from the date in which the quote was given.
  2. If Magicdust does not receive your onboarding document within a 3 month period from the date of order and deposit paid, your account will be suspended. Reopening your account will incur a $150AUD + GST fee. If your account remains suspended for 6 months your account will be closed completely and all money paid and work ordered will be forfeited.
  3. All deposits and fees paid are non-refundable after the design brief is returned to Magicdust or after 14 days has elapsed since the date of deposit paid. Refunds will be less an $100AUD+GST admin fee.
  4. Once the website design has been signed off all fees are payable in due course, no cancellations will be accepted and all services ordered must be paid for in full.
  5. Cost of the Magicdust websites is a set price for design and development, then an ongoing monthly service fee.
  6. The deposit for website design and development is due with order. The balance is due when the website has been signed off and handed over to the customer (i.e. the date when Magicdust sends out the username and password).
  7. Although Magicdust reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.

Cancellations and Refunds

  1. If a customer contravenes the Magicdust terms and conditions, Magicdust reserves the right to terminate the service immediately with no refund.
  2. If Magicdust is required to employ the services of a debt collector to pursue any overdue balance payment, a AUD$100 + GST fee will be passed on to the customer and added to the customers invoice.
  3. In the event of you terminating your contract, you will be able to take full possession of your design and content of your website; however elements of the CMS software will remain on Magicdust servers and you may need to purchase licences to use the CMS (or elements of) on another server. If you have purchased our Eweb 1.0 product, the CMS is not transferable.
  4. If the customers website has been terminated, due to cancellation or expiry, Magicdust can reinstall the website within a 12 month period at a cost of $195AUD + GST providing the client has a backup of the website. After 12 months the reinstatement will be at Magicdust’s discretion if a backup can be used.
  5. All cancellations must be requested in writing. Annual billing clients need to provide written notice via email. Monthly billing clients are required to submit a cancellation form, which can be requested from our administration team. Cancellation forms must be received before the 28th of the month to avoid payment being processed for the following month.

Domain Registration

  1. 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.
  2. It is the customers’ responsibility to keep Magicdust up-to-date with their contact details. If the customer fails in this it could result in your website going offline if your domain name is not renewed in a timely manner.
  3. If Magicdust is managing the renewal of your domain name it will do its best to renew the domain name on time. If for any unlikely reason this doesn’t happen, including human error, Magicdust will not be held responsible or liable for repurchasing the domain name.
  4. If Magicdust is managing the renewal of your domain name, we will renew the domain name once payment has been received for the invoice sent to the account details on file.
  5. Failure to pay the domain renewal invoice ahead of the due date may result in website and email services going down until payment has been received and the domain successfully renewed.

General

  1. It is the customer’s responsibility to keep Magicdust up to date with their contact details. If the customer fails in this it could result in expiration of services.
  2. Magicdust reserves the right to refuse service and/or access to its products and servers to anyone.
  3. Magicdust retains the right to restrict access to any areas or connections within its server or website environments, this includes and is not restricted to WordPress Admin Access, CPanel and FTP.
  4. 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.
  5. Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away Magicdust services to other parties.The Customer warrants that it has the right to use the applicable trademarks, if any.
  6. The Customer agrees that he or she has the necessary knowledge to maintain their 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 support.
  7. 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.
  8. The Customer may not transfer this agreement without the written consent of Magicdust. 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.
  9. 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.
  10. This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
  11. 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.
  12. When purchasing from Magicdust your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support team – support@magicdust.com.au.
  13. If you will be hosting the website elsewhere please see the Remote Hosting T & Cs

Privacy Policy

  1. Magicdust is dedicated to keeping your details private. Any information we collect in relation to you is kept strictly secured. We do not pass on, sell or swap any of your personal details with anyone. We use this information to identify your orders and to personalise your shopping experience with us. Magicdust may use cookies. Cookies sent to your computer from Magicdust only last while you’re browsing our website. We do not store persistent cookies on your computer. Whenever you use our web site, or any other web site, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web
  2. pages to your Internet browser. The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer but otherwise it is anonymous. We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.
  3. Clients using our online enquiry forms for design services are asked for their name, phone number, postcode and email address in order to allow us to contact them in relation to their query. This information is not shared with third parties. Please contact us by email (sales@magicdust.com.au) should you wish to have the detail modified or deleted or you wish to opt out of any future communication after your enquiry.

Limited Liability

  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, servers 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.
  5. 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.
  6. 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.
  7. 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.
  8. The Customer agrees that it shall defend, indemnify, save and hold Magicdust harmless from any and all demands, 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 by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless Magicdust against Liabilities arising out of:
    1. any injury to person or property caused by any products sold or otherwise distributed in connection with Magicdust’s server
    2. any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party copyright infringement any defective product which the Customer sold on the Magicdust Server.

Logo and Graphic Design

  1. The deposit for logo and graphic design work is due with order. The balance is due when the artwork has been signed off.
  2. Logos and Brand-starters: Once initial concepts have been provided, no refund will be given.
  3. For logo design services clients will receive three or five design concepts a maximum of 3 design concepts (depending on the package), by email based on the design brief. Clients can request a reasonable number of changes to their chosen concepts until the design is to their satisfaction, approx 2-3 rounds of changes are normal.
  4. Sign off: when the design is completed the client will receive the final graphic design files via email.
  5. Any further changes after sign off will need to be quoted and billed separately.
  6. All Magicdust final graphic designs remain the copyright of the client.
  7. Magicdust provides the artwork in a print ready file for the clients use. It is the client’s responsibility to check all copy, contact details, email, website addresses etc. Magicdust will not be held responsible legally or otherwise for any undiscovered errors on approved artwork. This includes, but is not limited to: spelling, grammar, colour problems, typing errors or oversights you have not located prior to printing. Please get your printer to provide you with a printed proof and thoroughly check the document and colours before printing.

 

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