Terms & Conditions

Product Specific T&Cs

General Terms and Conditions

Ongoing Website Service

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

Support:

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.
Our friendly domains team is on hand by email or phone to help your navigate the complexities around domain names, email accounts, email hosting, parked domains, sub-domains, etc.
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.
Magicdust Websites are all 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:

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.
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:

We have a round the clock team monitoring the servers to ensure 99.9% uptime.
We run daily, weekly, and 2 monthly back-ups on our WordPress websites hosted by Magicdust, so at any time we maintain 4 restore points stored on our secure back-ups servers.
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.
Although Magicdust monitors the bandwidth/disk space usage of our websites, Magicdust does not take responsibility for any website going offline due to exceeding bandwidth or disk space. It is the client’s responsibility to notify Magicdust of any potential increases in usage so this can be accommodated.
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

The Ongoing Website Service Fee commences once your website has been complete and signed off by the client.
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).
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.
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.
The annual website service period begins on the last day of the month the website is handed over to the customer.
Annual Ongoing Website Service fees are non-refundable after payment has been received.
This agreement will automatically renew after the life of the contract has ended until canceled in writing. Fees are subject to change after this six (6) month period with a notice from Magicdust.
Failure to make annual or ongoing monthly payments may result in your website and emails being suspended and consequently terminated.
Monthly fees charged on a prepay basis are non-refundable.
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

All prices are valid for 30 days from the date on which the quote was given.
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.
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 the deposit paid. Refunds will be less a $100AUD+GST admin fee.
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.
The cost of the Magicdust websites is a set price for design and development, then an ongoing monthly service fee.
If Magicdust does not receive your final website approval or your account is inactive for more than a 3 month period from the date the website staging URL has been handed over, your account will be suspended. Reopening your account will incur a $150AUD + GST fee.
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).
All Credit Notes issued will be valid for 1 year from the date of issue.
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

If a customer contravenes the Magicdust terms and conditions, Magicdust reserves the right to terminate the service immediately with no refund.
If Magicdust is required to employ the services of a debt collector to pursue any overdue balance payment, an AUD$100 + GST fee will be passed on to the customer and added to the customer’s invoice.
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 WordPress CMS software will remain on Magicdust servers and you may need to purchase licenses to use the CMS (or elements of) on another server. If you have purchased our Eweb 1.0 product, the CMS is not transferable.
If the customer’s WordPress 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 (or at our discretion) 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.
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

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.
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.
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.
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.
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

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 the expiration of services.
Magicdust reserves the right to refuse service and/or access to its products and servers to anyone.
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.
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.
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.
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.
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.
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.
The Customer may only use Magicdust servers for lawful purposes. 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.
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.
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.
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 – [email protected].
If you will be hosting the WordPress website elsewhere please see the Remote Hosting T & Cs

Privacy Policy

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 website or any other website, 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 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.
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 ([email protected]) 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

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.
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 a 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.
The 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.
Magicdust expressly limits its damages to the Customer for any non-accessibility time or other downtimes 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.
The Customer expressly agrees that the 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, licensors, 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.
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.
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.
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.

Packaged Websites

Pre-Web Design Phase

All prices are valid for 30 days from the date on which the quote was given.
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 the deposit paid. Refunds will be less a $100AUD+GST admin fee.
If you have purchased a logo design with us, this will need to be signed off before we commence your website design.
We will only begin your website design process when we have received your Onboarding Questionnaire and all your content and photos. The delivery timeframe of 14 days (or as detailed in your proposal) to deliver your initial web design concepts only begins after we have received all your required information.
If Magicdust does not receive your Onboarding Questionnaire 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 3 months your account will be closed completely and all money paid and work ordered will be forfeited.

WordPress Web Design Phase

You will receive two initial website design concepts by email based on the Onboarding Questionnaire that you submit.
We use in-house website themes as a base in our web design process which we then customise to create a unique branded website design for each of our clients.

Design and Content Revisions Phase

You must submit your revisions in accordance with our revision guidelines
You will have 2 revision rounds in the web design phase. Each revision round includes both content and design revisions together. If you exceed the 3 revision rounds we reserve the right to charge $100 for each additional revision round.
Each revision round needs to be submitted in a single email.
During the web design phase of your project, if you do not sign off your design within a 3 month period, Magicdust reserves the right to suspend your account. Reopening your account incurs a $150AUD + GST admin fee. If your account remains suspended for 3 months your account will be closed completely and all money paid and work ordered will be forfeited.
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.
The usability, functionality, and/or limitations of the website content management system is no reason for not paying the balance of your website. If you require a particular functionality, Magicdust provides demos of the CMS programs that you can try prior to purchasing.

If you are not happy with the website design

If you would like to request a full refund, including your deposit paid, please submit your reasons in writing. We will address these in accordance with our Guarantee.

Website Content

We will coordinate, upload, and assist you in the editing and writing of the content for your website pages during the web design phase. This will be limited to the number of pages and word count of your website package. For example, if your package includes 5 pages and a total of 2000 words, this limit is for all content in total, whether we write it, you supply it, or a combination of the two.
Please be aware that the website content process is collaborative. You will almost always know more about your business than us so you will need to provide us with as much information about your business in the Onboarding Questionnaire as you can.
During the revision phase, we ask you to provide very specific guidance on what you would like changed. We will require clear direction before making content edits and revisions.
There also may be situations in the writing process if the content isn’t sounding quite right to you that you make some edits and refinements.
You will have 3 revision rounds in the web design phase. Each revision round includes both content and design revisions together.

WordPress Functionality

Included in your website package is the ability for you to select a number of WordPress plugins (depending on your package) from our authorised plugin list. We also have a selection of Premium Plugins that you can add to your website package at an additional charge. Due to security and maintenance requirements, we only service and allow pre-authorised WordPress plugins to be used on our servers.
It is important that you understand the parameters of any functionality component or plugin that you are opting to have on your website. Each functionality component or plugin has its limits, functionality that we are responsible for, and elements that you will be responsible for.

Initial Website Concepts Delivered In 14 days

From the date that you submit your Onboarding Questionnaire, you will receive your initial web design concepts within 14 days.

Project Managed Websites

Onboarding Terms and Conditions

All prices are valid for 30 days from the date on which the quote was provided.
A 60% deposit of the total fee payable is due to commence the design and development of your website. The remaining 40% is payable when the work is completed to your reasonable satisfaction.
The deposit is not refundable if the design and or the development work has been started and you terminate the contract through no fault of ours.
We will only begin the production process when we have received your Onboarding Document
Delivery milestones agreed to by both parties will only take effect when we have received your Onboarding Document and the deposit is paid.
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 3 months your account will be closed completely and all money paid and work ordered will be forfeited.
Magicdust has “tried and testing” collaborative project management applications and tools. It is expected these tools are used by the client throughout the design, development, and testing process. These tools may be but are not limited to, Trello, Google Drive, and Dropbox. If you would prefer to use other applications or tools, Magicdust reserves the right to charge additional Project Management time to facilitate any additional time required

Web Design/Development Phase

During the web design phase of your project, if you do not sign off your design within a 3 month period, Magicdust reserves the right to suspend your account. Reopening your account incurs a $150AUD + GST admin fee. If your account remains suspended for 3 months your account will be closed completely and all money paid and work ordered will be forfeited.
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.
The usability, functionality, and/or limitations of the website content management system is no reason for not paying the balance of your website. If you require a particular functionality, Magicdust provides demos of the CMS programs that you can try prior to purchasing.
Wireframes* must be approved before design commences. Design concepts will be based on approved wireframes. Changes to the design concept which differ from the wireframe may incur additional charges. (*A wireframe is a page which specifically focuses on space allocation and prioritisation of content and functionality.)
The client must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include but are not limited to, photographs, written copy, logos, and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where the client fails to supply materials, which prevents the progress of the work, Magicdust reserves the right to invoice the client for any part, or parts, of the work already completed.
If the client purchased a logo design with us, this will need to be signed off before we commence your website design.

Acceptance and Approval Phase

Following the completion of development, we will supply you with your website on a temporary domain name, along with login details for you to review it.
You must communicate in writing any issues with the work within 15 business days of such notification. Any issues which have not been reported in writing to us as unsatisfactory within the 15-day review period will be deemed to have been approved. Which also includes content that has not been provided to Magicdust within the 15 working day period.
Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 40% balance of the project price will become due.

Hosting with Magicdust

Your monthly fee will commence upon website approval or 15 business days from when your website is delivered to you for the first time on a temporary domain. Although your website may not be live at this time, your account still costs us for things such as support, domain name, email hosting, bandwidth, server disk space, and system upgrades.

Hosting Remotely from Magicdust

We will provide your website files to you via a Dropbox link for download. Magicdust endeavors to support you in this process however your new provider will need to assist with the upload and configuration of your website to their servers if you are unable to complete this task within your business.
Magicdust will discontinue any further work on your developed website once you have moved your website to host with another provider.

Cross-Browser Compatibility

The website will be developed for the most commonly used browsers at the time development of the project commences.
Compatibility is defined as all critical elements of each page being viewable in each of the aforementioned browsers.
Note, however, that if additional pages are necessary to accommodate specific browsers, plug-in technology, screen resolutions, or platforms, additional charges may apply.

Third-Party Components

Depending upon the functionalities required, there may be 3rd party components such as Third-Party Payment Gateways and Plug-in technology involved in developing your website. It is important that you understand the parameters of any functionality component or Plug-in that you are opting to have on your website. Each functionality component or Plugin has its limits. Although Magicdust does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control.
Plug-in licenses and development time may be required for the installation of Plug-ins on your website throughout the development process, which may incur additional costs.

Logo and Graphic Design

The deposit for logo and graphic design work is due with order. The balance is due when the artwork has been signed off.
Logos and Brand-starters: Once initial concepts have been provided, no refund will be given.
For logo design services clients will receive 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.
Sign off: when the design is completed the client will receive the final graphic design files via email.
Any further changes after sign off will need to be quoted and billed separately.
All Magicdust final graphic designs remain the copyright of the client.
Magicdust provides the artwork in a print-ready file for the client’s 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.