Terms & Conditions
By making any form of purchase or agreeing with Web Magic Designs to carry out services on your behalf, you confirm that you are in agreement with Web Magic Designs and bound by the terms and conditions below:
The Customer: The company, business, entity, individual or similar requesting the services of Web Magic Designs.
Web Magic Designs will carry out work only where an agreement is entered either by email, telephone, mail, fax or in person.
Web Magic Designs will carry out work only for clients who are 18 years of age or above.
An 'order' is deemed to be a written or a verbal contract between Web Magic Designs and the customer; this includes telephone and email agreements.
1. The hosting facility will remain the property of Web Magic Designs.
2. Domain name(s) or email address(s) not provided by Web Magic Designs are the responsibility of the Customer. The Customer is responsible for compatibility of these with Web Magic Designs servers.
3. Domain name(s) provided by Web Magic Designs may be auto-suspended by our supplier close to, on or shortly after the expiry date. Where possible Web Magic Designs will contact the Customer close to the domain name expiry date, if continuation payment has not been received, to try and avoid this situation.
4. No artwork, graphic design, photography or logo design is included unless agreed separately.
5. Content solutions may be provided by third party suppliers with approval of, or at the request of the Customer. WDD are not responsible or liable for any problems that these solutions may cause.
7. Whilst Web Magic Designs provides high end hosting no guarantees can be made as to the availability of this service. WDD cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. Web Magic Designs shall use its reasonable endeavours to make the server and the services available to the Customer 100% of the time but because the services are provided by means of computer and telecommunications systems, Web Magic Designs makes no warranties or representations that the service will be uninterrupted or error-free and Web Magic Designs shall not, in any event, be liable for interruptions of service or downtime of the server.
8. Web Magic Designs reserve the right to refuse to handle in any way material which may be deemed offensive, illegal or in any way controversial and also to terminate any service and share information with law enforcement agencies should the necessity arise.
9. All services provided by Web Magic Designs may only be used for lawful purposes. The laws of the United Kingdom apply.
10. Any illegal use of our websites, hosting, email or domains will result in the immediate termination of your account. In addition we reserve the right to share your personal details to any law enforcement agency where any laws are broken or any investigation is required.
11. Any technical issues caused by the customer will be rectified (if possible) at our standard developer's rate.
12. Web Magic Designs reserves the right to change any aspect of website publicity.
13. The Customer is responsible for the accuracy, legality & any copyright/trademark disputes that may occur relating to their website.
14. It is the Customer's responsibility to provide all the necessary information in a suitable format for the production of the website.
15. Any alterations to the website by the Customer may not be backed up and the Customer should keep relevant copies of any changes made.
16. If a website, hosting or email account is hacked/disrupted by a third party through no fault of Web Magic Designs, Web Magic Designs will endeavour to resolve the issue on behalf of the Customer but there may be charges applied for this service.
17. Web Magic Designs is not responsible for any loss of Customer data.
18. Late or nonpayment of any fee(s) charged by Web Magic Designs may result in the loss or cancellation of your website, hosting, email or domain name(s). Domain names not paid for prior to their renewal date are automatically suspended by our domain name supplier. This means that your website and email may stop working until the domain name(s) are paid for. Additionally, domain names not paid for within the time limits may be lost, purchased by third parties or incur additional charges to get the domain name(s) back.
19. All new website designs, hosting/email accounts and domain names are for a 12 (twelve) month minimum term contract. Following this initial 12 month period the Customer is free to cancel their services with Web Magic Designs and likewise WDD is free to cancel our service to the Customer in one of the following ways:
a. Accounts charged monthly require one months written notice, by either party, to terminate the agreement.
b. Accounts charged yearly require one months written notice, by either party, to terminate the agreement. If the agreement is cancelled by the Customer no refund will be issued for unused website services, hosting or domain name(s). If the agreement is cancelled by Web Magic Designs a pro-rata refund will be issued to the Customer for unused website services, hosting or domain name(s).
20. The Customer agrees to indemnify and hold Web Magic Designs, its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Web Magic Designs arising out of any breach by the Customer of the terms of this agreement or other liabilities arising out of or relating to the Website.
21. The entire liability of Web Magic Designs to the Customer in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this agreement in respect of which the breach has arisen.
22. In no event shall Web Magic Designs be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Web Magic Designs had been made aware of the possibility of the Customer incurring such a loss.
23. Web Magic Designs carries out data backups for use by WDD in the event of systems failure. Web Magic Designs do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Web Magic Designs accepts no responsibility for data loss or corruption.
24. Although every effort is made to provide Customers with high search engine rankings Web Magic Designs is not responsible or liable for the search engine position of your website.
25. Web Magic Designs will not allow Customers to 'Spam' (unsolicited email also known as junk mail or UCE Unsolicited Commercial Email). Customers sending any email in bulk (to more than a handful of recipients) to recipients, will be considered as a spammer, regardless of the contents of the email. Web Magic Designs reserve the right to suspend any account suspected of 'spamming'.
26. Web Magic Designs only provides email services through our hosting packages in the form of POP. IMAP is not provided, supported or backed-up by Web Magic Designs.
27. Web Magic Designs issues renewal notices/invoices via email. It is the Customers responsibility to ensure that Web Magic Designs has a current and working email address and that this can be used to receive these.