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Service Inclusions & Exclusions
Service Inclusions & Exclusions
Pre Web Design Phase
START TIMES
- We will only begin your website creation process when we have received your Website Questionnaire.
- The timeframe of 5 business days to deliver your first draft website only begins after we have received your Website Questionnaire and all related information.
DELIVERY TIMELINE
- The timeframe to complete your website and go live will depend on the number of revisions and your responsiveness, however most websites can be completed and go live within 14 days of you receiving your first draft website.
WordPress Template Personalisation Stage
DESIGN & CONTENT
- We will use the website template you selected at purchase, or we will select one for you if you asked us to do so.
- We will use the information you provide in your Website Questionnaire to personalise the layout, colours and images, and add your content.
WEBSITE PAGE COUNT
- Web pages will be limited to 5 standard pages at launch, unless additional pages are ordered.
- The 5 pages will typically include a Home Page, About Us Page, Product or Services Page, Contact Us Page, and an additional page if needed.
- One standard page is defined as having no more than 1000 words of content.
ADDITIONAL PAGES AND COPY CHANGES
- Additional website pages can be added by request after the web design phase by emailing our Website Team, you will have 2 hours per month of studio time to request changes or edits to your website.
- You can also update your content or add pages through the website Content Management System (CMS).
- Our support team can provide you with a one-hour training and orientation of the CMS and can give you ongoing assistance in using the website CMS.
Website Content
USER EXPERIENCE & LAYOUT
- We will upload and strategically organise the content that you provide across your website.
- The content curation process is collaborative and 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 Website Questionnaire as you can.
COPYWRITING
- We may provide limited assistance in content editing and writing based on the information that you provide us, however copywriting is not included in the service.
Images
- You can provide us with professional images and/or we can source high-quality Stock Images that we legally have the rights to use for your website.
- Any stock images from us must be chosen during the web design phase.
- However due to licence restraints, these stock images can only be used for your website and you will not receive copies of these images.
Revisions Stage
REVISION ALLOWANCE
- You will have 2 revision rounds in the Template Personalisation Stage.
- Each revision round includes both content and design revisions together.
- If you exceed the 2 revision rounds additional charges may apply.
SENDING REVISIONS
- Each revision round needs to be submitted in a single email.
- Each revision round includes both content and layout revisions together.
- During the revision phase, we ask you to provide very specific and clear guidance on what you would like changed. You can send revisions by email or screen video recording.
Template Limitations
As versatile and magical as our templates are, they are still templates which have limitations, so be aware that some specific design elements cannot be changed due to these structural limitations.
- Your website designer can only create your website within the framework of the template.The usability, functionality, and/or limitations of the website template and its content management system (CMS) is no reason for a refund.
- If you require a particular functionality, please confirm with our team that our service will suit your needs.
WordPress Functionality
MAGICDUST PLUGIN PROTOCOL
- Included with your website is the ability for you to select WordPress plugins from our authorised plugin list.
- We also have a selection of Premium WordPress 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.
- If you let us know what you are wanting to achieve we can advise you on what plugins may best suit your needs.
- Be aware that many wordpress plugins will require you to have paid versions of their service. If you are unsure, let us know and we can advise you.It is also important that you understand the parameters of any functionality component or plugin that you are opting to have on your website.
- WordPress plugins require installation, configuration, and potentially for third-party accounts to be created so they function correctly. Plugins will have limitations and functionality that we are responsible for as well as elements that you’ll be responsible for.
- Additional costs may apply.
- Magicdust is not liable for the functionality and performance of the third-party plugins configured and installed on the website.
Ecommerce
If you have purchased the “Online Payments” Add On your website will have ecommerce capability to sell up to 20 products. Any more than this and we recommend one of our more customised ecommerce website solutions which would need to be quoted.
- We will set up the initial ecommerce solution with your products and payment gateway etc.
- The ongoing management of the ecommerce aspect of your website will be your responsibility.
- Our support team will provide you with a one-hour training and orientation of the woocommerce CMS and can give you ongoing assistance in using the woocommerce CMS.
- Third-Party Software is not supported by Magicdust and will require communication between the client and third-party provider unless agreed and budgeted between Magicdust and the client.
Add Ons
In addition to your website there are optional add ons that come at additional charge:
- 1x Extra Revision Round
- 1x Extra Standard Page
- Extra Email Inboxes (Pack of 5) Setup + fee per month
- Existing Website SEO Page Redirects:– (Pack of 20 Pages)
- Gallery Portfolio
- Blog
- Online Payments Setup + fee per month
- Please see website for full price list
Ongoing Website Service
Our Ongoing Website Service is only for websites that Magicdust has built and includes four valuable components: Content Updates, Website Support, Hosting, and WordPress and Security Updates.
Content Updates:
- Magicdust can provide you with 2 free hours of studio time each month should you need it for content edits, updates or additions to your website.
- These hours do not roll over and accumulate. Additional hours can be purchased for large website updates.
- These updates do not include creating graphics or any form of graphic design nor do they include coding or development. All updates and edits are only included within the limitations of the website template and its Content Management System (CMS).
- These updates do not include Boosts or Addons. If you have ordered those they will be installed for you and have their own studio time allocated.
- This service aims to help businesses establish and maintain an online presence more effortlessly. Should a client overuse this service, we may introduce extra charges where applicable.
- WordPress plugins and platform integrations need to be in alignment with our approved list. Let us know what you are wanting to achieve before purchasing any third party plugins or subscriptions to avoid disappointment if we can’t install them for you. And also to confirm the correct solution for you. Some integrations needing additional studio hours can be booked in and purchased separately.
- We aim to complete all standard content updates within one business day, if this is not possible we will let you know the expected turnaround time.
Website Support:
- Magicdust has a business hours help desk available by chat box or email 9am-5pm AEST.
- Our friendly domains team is on hand by email to help you 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 outside of office hours (e.g 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 an hourly rate of $150 excluding GST.
WordPress and Security Updates:
- Each day we run a series of server and website security and malware scanners with the intent to pre-emptively 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 stabilises and maintains the performance of your website, fixes any bugs, ensures compatibility, adds any new features, and most importantly optimises security. This includes checks to ensure any updates do not ‘break’ your website functionality or interfere with the design and layout in any way.
Website Hosting:
- We have around the clock team monitoring the servers to ensure 99.9% uptime.
- We run daily, weekly, and twice monthly back-ups for our WordPress websites, so at any given time we maintain four restore points securely stored on our back-up servers.
- Each Magicdust Core Website account is allocated 30 GB of bandwidth and 10 GB of disk space. 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, we do 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 in a timely way.
- Magicdust does not allow any of the following content or websites to be stored on its servers:
- 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.
- Scripts – any script that creates a load on the server will be removed.
- 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.
- Adult material, including pornography, erotic images, or otherwise NSFW, 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.
- Websites that promote the sex service industry, which includes but is not limited to prostitution.
- Anything found to contain the above will be terminated without notice.
- Magicdust reserves the right to refuse service to anyone without disclosing the reason why.
Monthly Website Service Fee
- The Monthly Website Service Fee is on an automatic debit basis and commences one month after the purchase of your website. This is not dependent on whether the website is live for public viewing or not.
- The Monthly Website Service agreement will automatically renew until cancelled in writing 7 days before the next billing period. Fees are subject to change with notice from Magicdust.
- Failure to make monthly service payments may result in your website and emails being suspended and then consequently terminated.
- Monthly fees are charged on a prepaid basis and are non-refundable.
Functionality
Cross-Browser Compatibility
- The website will be developed for the most commonly used browsers and mobile device sizes at the date of purchase. Not including Smart Watches.
- Compatibility is defined as all critical elements of each page being viewable in each of these 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 functionality required on your website, there may be 3rd party components such as Payment Gateways and WordPress Plug-ins involved in developing your website. Each functionality component or Plugin has its limits and is maintained by its developer. Although Magicdust does curate and use best practices when choosing third party features, any unforeseen limitations or changes of these components are beyond our control.
Moving Away From Magicdust
- We will provide your website files to you via a Dropbox link for download. Magicdust endeavours to support you in this process however your new hosting 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.
Financial Arrangements
- If Magicdust does not receive your Website Questionnaire within a three month period from the date of purchase, your account will be suspended. Reopening your account will incur a $100AUD (+ 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.
- The cost of the Magicdust website is a set price for design and development, then a Monthly Website Service fee.
- 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.
Domain Registration
- Magicdust does not guarantee any 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. We need to stay in contact with you for renewals and billing to ensure your website does not go offline if your domain name is not renewed in a timely manner.
- If Magicdust is managing the renewal of your domain name we will do our 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 we can’t contact you this 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 they have the necessary knowledge to maintain and administer their website.
- The Customer is responsible for and must provide all mobile, 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 the financial renewal of Magicdust services.
- 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.
Privacy Policy
- At Magicdust, we prioritise the privacy and security of your information. Any personal details we collect from you are kept securely and are not shared, sold, or exchanged with any third parties. We use this information to identify your orders and enhance your shopping experience. Please note that we may use cookies during your browsing session, but we do not store persistent cookies on your computer. When you access our website or any other website, your computer’s IP address is automatically sent to the web server for delivering requested web pages. This helps us determine the general geographic location of your computer but remains anonymous. We only record IP addresses for security purposes when you provide us with your personal information during the checkout process. Rest assured that your privacy is of utmost importance to us.
- Clients using our online enquiry forms for design services may be requested to provide their name, phone number, postcode, and email address. This information is solely used for the purpose of contacting clients regarding their query and is not shared with any third parties. If you would like to modify or delete the provided details, or if you prefer to opt-out of any future communication after submitting your enquiry, please contact us via email at admin@magicdust.com.au.
Limited Liability
- Magicdust is not liable for any loss of business, profits, or data, or for any indirect or consequential damages resulting from your use of our online services, servers, or software.
- We make no warranties or representations for the services provided, and we are not responsible for any damages or loss of data caused by delays, non-deliveries, or service interruptions.
- The use of information obtained through our services is at your own risk, and we deny responsibility for its accuracy or quality.
- We limit our liability for system unavailability to a pro-rata Online Service Fee amount.
- Your use of our websites and services is at your own risk, and we do not guarantee uninterrupted or error-free service.
- We are not liable for any damages resulting from mistakes, interruptions, errors, or other failures.
- Our liability is limited to the amount paid during the term of this Agreement.
- You agree to indemnify and hold us harmless from any claims arising from your use of our services or products.
Cancellations and Refunds
- If a customer fails to comply with the Magicdust terms and conditions, Magicdust reserves the right to terminate the service immediately with no refund.
- A refund is available within 14 days of purchase, provided the Website Questionnaire has not been submitted. Once the Website Questionnaire is submitted or 14 days have passed since the purchase date, payments are non-refundable. Please note that the refund is subject to a $100 (+GST) administrative fee.
- If you would like to request a refund please submit your reasons in writing to admin@magicdust.co.
- Should you decide to end your contract, it is possible to move your WordPress website files to a different server. Please note, though, that custom features on your website belonging to Magicdust will not be transferable. Additionally, you might need to buy licences for certain plugins or features to maintain their use on a different server under your personal licence.
- If your WordPress website has been terminated, due to cancellation or expiry, Magicdust can reinstall the website back on to our servers, at our discretion, at a cost of $195AUD (+ GST) providing you are happy to use the last good version of the Magicdust backup of your website. We do not host websites on our servers that we did not build. The reinstatement will be at Magicdust’s discretion if a backup can be used. In many cases the WordPress content can be exported from a previous website and installed on a clean build if needed.
- All cancellations can be requested from our administration team: admin@magicdust.co.
Guarantee
If you are unhappy with your initial homepage design during the Template Personalisation Stage, you may request a full refund. However once you have agreed to proceed with the design of the remaining website pages, based on your website homepage, no refund will be available. In order to be eligible for a 100% refund you must meet the following conditions:
- You must give us the opportunity to re-design your website to meet your desired outcome
- Your request must be provided in writing via email within 30 days from receiving the initial design of your website homepage.
- The request must be submitted before you decide to proceed with the design of the remaining pages of your website stating clearly your reasons for cancelling and why you are unhappy with your website.
We will not provide a refund in the following situations:
- You cannot request a refund if you have already decided to proceed with the design of the remaining pages of your website based on the initial homepage design.
- If your request is due to your own change of mind regarding the completion of the website.
- If you cease business operations during the Template Personalisation Stage of your website.
- Additional services to your website are not refundable eg. domain names, plugin licences etc
If you are eligible for a refund, we will ask for your bank details to process your request within 2-5 working days. Refunds may exclude the cost of non-refundable additional services.