GENERAL TERMS
Terms used in this document: Seller is used to represent the owner of www.florida-design.com, which is the legal entity called MAGIC MEDIA ADVERTISING; Customer is used to represent the person or legal entity who navigate and/or buys products from www.florida-design.com; Parties is used to represent both the Seller and the Customer; domain.com (or whatever extension needed) is used as generic term for the future names of the web domains.
Browsing www.florida-design.com and/or placing an order is equivalent to reading, understanding and accepting the Terms and Conditions below, by any Customer.
www.florida-design.com has the right to modify, change and update at any time the content of this website, as well as its Terms and Conditions, without any prior notification.
The applicable terms and conditions, for each Customer, are those from the moment of placing the respective order.
The acceptance of the Terms and Conditions and the placing an order by the Customer, respectively its confirmation by the Seller, is equivalent to concluding a Customer Service Distance Contract, between the Seller and the Customer, without their physical presence and signature.
The following Terms and Conditions of Service apply to all services provided by MAGIC MEDIA ADVERTISING, through www.florida-design.com
These Terms and Conditions of Service can be read at any time here www.florida-design.com or on any other websites that MAGIC MEDIA ADVERTISING is owning.
All work is carried online, out by the representatives and/or sub-contractors of MAGIC MEDIA ADVERTISING, on the understanding that the Customer has agreed to our Terms and Conditions.
PROPOSAL AND PROJECT ACCEPTANCE
www.florida-design.com is provided with an online-shop and request quote forms. Each request a quote is answered with a proposal. At the time of proposal, MAGIC MEDIA ADVERTISING will provide the Customer with an estimate or price quote, on email. Once the proposal is accepted by the Customer, the Seller will create a virtual product, according to all the specifications aagreed by the Customer in the estimate. This product will be published, for direct purchase, on www.florida-design.com Shop. The Customer will be provided, by email, with a link which will allow him/her to access the page and buy the product, following the rules of online shopping and accepting these Terms and Conditions, equivalent of the Customer Service Distance Contract.
PACKAGES & OFFERS
Packages and Offers are public on the www.florida-design.com
Once purchased, a package becomes functional, and all the services contained in it are available during the time periods and conditions provided on the website. The Customer is responsible for demanding the fulfillment of what is offered in the offer packages. MAGIC MEDIA ADVERTISING has no obligation to carry out, on its own initiative, any of the services mentioned in the packages, unless the client requests it. However, applying the moral and common sense rules, MAGIC MEDIA ADVERTISING will notify the client about the services he benefits from through the purchased package.
CHARGES
Design, Video & Photo Editing and Creative Content Writing
Charges for design (including webdesign), video and photo editing, as well as, creative content writing services to be provided by MAGIC MEDIA ADVERTISING’ s Terms & Conditions, are set out in the www.florida-design.com online packages, as wel as in the estimate or price quote, provided to the Customer.
Additional Design Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become a new fully payable at the time of estimate or quotation acceptance.
PAYMENT
The Customer will be provided, by email, with Invoices for each payment. Payments may be made by Bank Transfer, PayPal or Card. The Seller is not VAT registered, so we do not request this tax. Each Customer must pay their VAT according to the rules and laws of their own country.
Alterations
The Customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The Customer also agrees that MAGIC MEDIA ADVERTISING holds no responsibility for any amendments made by any third party, before or after a design is published.
FORMATS
Data
The Customer agrees to MAGIC MEDIA ADVERTISING definition of acceptable means of supplying data to the company.
Text is to be supplied to MAGIC MEDIA ADVERTISING in electronic format as standard text (.txt), MS Word (.doc) or via e-mail.
Images which are supplied in an electronic format are to be provided in a format as prescribed by MAGIC MEDIA ADVERTISING via e-mail and must be of a quality suitable for use without any subsequent image processing, and MAGIC MEDIA ADVERTISING will not be held responsible for any image quality which the client later deems to be unacceptable.
MAGIC MEDIA ADVERTISING cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any additional action, not included into the initial proposal, including, but not limited to, photography acquisition and processing, digital image processing, or data entry services, color correction and alteration of images
PROJECT DURATION AND COMPLETION
Duration
Any indication given by MAGIC MEDIA ADVERTISING of a project’s duration is stated on website pages or/and in the Service Contract. Any over – run is to be agreed amiable by the both parties. MAGIC MEDIA ADVERTISING cannot be held responsible for any project over-runs, coming from the Customer’s side, including here the delays in sending the materials, coming from the Customer’s side, necessary for work completion.
Estimated project duration should be deemed to be from the date that cleared funds are received by MAGIC MEDIA ADVERTISING, for the initial payment and the receiving of all the materials necessary for work completion, coming from the Customer’s side.
Completion
MAGIC MEDIA ADVERTISING considers any project complete upon receipt of the Customer’s Approval on email, after delivering/receiving the design work, the film editing work, the written work or the web design work, etc.
PRICING PLANS
All pricing plans from www.florida-design.com are clearly stated on the website as well as in the estimates sent to the Customer, by email. Those published on www.florida-design.com can be subject of modifications, without any prior notification.
WEB DESIGN
Access for Website Construction
The Customer agrees to allow MAGIC MEDIA ADVERTISING all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The Customer also agrees to allow MAGIC MEDIA ADVERTISING access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The Customer agrees to supply MAGIC MEDIA ADVERTISING with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
WebDesign Work
MAGIC MEDIA ADVERTISING offers three types of webdesign services: HTML custom made, HTML preexisting templates and CMS – WordPress websites.
MAGIC MEDIA ADVERTISING requires that a virtual graphic mockup is approved by the Customer before any design work starts. Once the mockup for the website is approved by the Customer the work will begin and any changes to navigation items, colors, structure or content, that require changes to the initial accepted mockup, may incur an additional charge. Content Management Systems like WordPress runs on a database system that enables users to add, modify, and organize files, themes, plugins, and other types of content, by accessing a dashboard.
Depending on the Customer’s needs & requirements, the installation of plugins with different functionalities may generate additional costs. These costs will be communicated to the Customer and it has to be paid, prior to the installation of the respective plugin.
Once webdesign is complete, MAGIC MEDIA ADVERTISING will provide the Customer with the opportunity to review the resulting work. MAGIC MEDIA ADVERTISING will make one set of minor changes at no extra cost within 1week of the start of the review period. Minor changes include small text changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to MAGIC MEDIA ADVERTISING by e-mail.
MAGIC MEDIA ADVERTISING will consider that the Customer/User has accepted the work, if no notification of changes is received in writing from the Customer, within 24 hours of the start of the review period.
The offer packages presented on www.florida-design.com also include website maintenance and content update services, free of charge for a certain period of time, as well as for a fee, at the end of the period. During the free period, the content update, as well as its maintenance, rests with the Seller. At the end of the free period, the Customer can purchase a new content update and maintenance package, according to the offers presented on the website, in which case, the content update and maintenance of the website falls under the responsibility of the Seller. In the event that the Customer opts for his own administration and maintenance, renouncing, unilaterally, the collaboration with the Seller, the responsibility for the content update and the maintenance of the website will fall entirely to the Customer, the Seller considering the collaboration between the parties concluded, under the conditions stipulated, exclusively in these Terms and Conditions. MAGIC MEDIA ADVERTISING is no longer and cannot be held responsible, in any way, for the subsequent administration of its website, with all that it implies, after the end of the collaboration between the parties.
Hosting Services
MAGIC MEDIA ADVERTISING offers (and works exclusively with) web hosting services through an out-sourced virtual server. The Customer acknowledges that internet services are inherently subject to technical failures and disruptions from time to time. MAGIC MEDIA ADVERTISING does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Fees for hosting on MAGIC MEDIA ADVERTISING virtual server are due at the commencement of any period of service and are non-refundable.
Domain.com Registration/Transfer
MAGIC MEDIA ADVERTISING offers two options regarding the website domain:
OPTION 1 – MAGIC MEDIA ADVERTISING will use all its knowledge and will do all the necessary research to find the best options for the most representative domain name to represent the Customer’s business. The registration of the domain.com will be made by MAGIC MEDIA ADVERTISING on its own behalf and MAGIC MEDIA ADVERTISING will offer the Customer the right to use, for free, of domain.com, throughout the entire period of collaboration, between the parties. At the express request of the Customer, at the end of the collaboration between the Parties, MAGIC MEDIA ADVERTISING may or may not agree, there being no obligation, to cede the of domain.com to the Customer. If MAGIC MEDIA ADVERTISING agrees to cede the domain.com to the Customer, transfer costs may occur and they will be entirely borne by the Customer. The transfer will be made after the full payment.
OPTION 2 – The Customer is free to register the domain.com by him/herself and to point the domain on our web host, by changing the initial domain’s nameservers with those provided by MAGIC MEDIA ADVERTISING. Any transfer costs will be borne by the Customer.
CREDITS
The Customer agrees to allow MAGIC MEDIA ADVERTISING to place websites and other designs and video, along with the credentials of the Customer, on MAGIC MEDIA ADVERTISING own websites, for demonstration purposes and its own publicity and portfolios.
RIGHT OF REFUSAL
MAGIC MEDIA ADVERTISING will not include in its designs, any text, images or other data which it deems to be immoral, offensive, rasist, obscene or illegal. All advertising material must be conform to all standards laid down by all relevant advertising standards authorities. In the situation where any images and/or data that MAGIC MEDIA ADVERTISING does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Customer is obliged to allow MAGIC MEDIA ADVERTISING to remove the contravention without hindrance, or penalty. MAGIC MEDIA ADVERTISING is to be held in no way responsible for any such data being included.
REFUND POLICY
Graphic design as any other form of design and art work, created on Customer’s demand, is not eligible for refunds.
CANCELLATION
Cancellation of orders, from reasons, may be made by e-mail. Besides, Force Majeure, and depending on the work progress, an amount, of money, up to 100% may be held from the initial payment.
COPYRIGHT AND LICENCE
Copyright on all design work and for any written text that comes from MAGIC MEDIA ADVERTISING is retained by MAGIC MEDIA ADVERTISING, unless specifically agreed in writing and after all costs have been settled.
A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
If a choice of designs is presented and one is chosen for your project, only that one is deemed to be given by us as fulfilling the contract. All other designs remain the property of MAGIC MEDIA ADVERTISING, unless specifically agreed in writing.
By supplying text, images, video and other data to MAGIC MEDIA ADVERTISING for inclusion in the Customer’s website or other medium, the Customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Customer, or rightful copyright or trademark owner.
The Customer must always keep copies of all the materials that are sent to MAGIC MEDIA ADVERTISING , whatever the reason. MAGIC MEDIA ADVERTISING will be not held responsible in any way for any loss of the Customer’s personal information, of any kind.
Any material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not MAGIC MEDIA ADVERTISING .
The Customer may request in writing, by email, from MAGIC MEDIA ADVERTISING , the necessary permission to use materials (for which MAGIC MEDIA ADVERTISING holds the Copyright) in forms other than for which it was originally supplied, and MAGIC MEDIA ADVERTISING may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
By supplying images, text, or any other data to MAGIC MEDIA ADVERTISING , the Customer grants MAGIC MEDIA ADVERTISING permission to use this material freely, in the pursuit of the design.
If the Customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Customer will agree to allow MAGIC MEDIA ADVERTISING to remove and/or replace the file on the site.
The Customer agrees to fully indemnify and hold MAGIC MEDIA ADVERTISING free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Any design, copywriting, drawing, idea or code created for the customer by MAGIC MEDIA ADVERTISING , or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of MAGIC MEDIA ADVERTISING .
All design work – where there is a risk that another party make a claim, should be registered by the Customer with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
MAGIC MEDIA ADVERTISING will not be held responsible for any and all damages resulting from such claims.
Product specifications are all product and/or service descriptions presented on the website.
The product comment and/or review represents the expression of the Customer’s strictly personal experience, following the purchase and use of a product and/or service, from the website. Also, the review can be requested from the Customer and by the Seller. The language used in comments and reviews will be civilized, will not be discriminatory and will not violate the right to privacy. The Seller and the website administrator reserve the right to filter the messages received through comments and reviews.
Commercial communications represent all materials and messages, sent electronically, by telephone and/or in physical format, that contain general information, technical data or any other information, about the products and/or services sold on the website. Once an order is registered and confirmed on the website, the Customer agrees and accepts the commercial communication.
The confidentiality of personal data is respected by MAGIC MEDIA ADVERTISING The information collected from the Customer is used for the following purposes:
- processing orders, issuing invoices and delivering orders;
- promoting existing or new products and/or services available on the website (via e-newsletters);
- improving the Customer’s browsing experience on the website (through e-surveys, regarding the degree of customer satisfaction, after browsing the website).
The personal data remain on the website platform as long as the customer account exists. In the event that the Customer wishes to delete personal data, this can be done upon request, by email to MAGIC MEDIA ADVERTISING, with the mention that the
DISCLAIMER
MAGIC MEDIA ADVERTISING makes no warranties of any kind, express or implied, for any and all services that it supplies. MAGIC MEDIA ADVERTISING will not be held responsible for any and all damages or loss resulting from services it supplies. Any claim against MAGIC MEDIA ADVERTISING shall be limited to the relevant fee(s) paid by the Customer.
MAGIC MEDIA ADVERTISING reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. MAGIC MEDIA ADVERTISING will not knowingly perform any actions to contravene these and the Customer also agrees to be so bound.
FINAL TERMS
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. MAGIC MEDIA ADVERTISING reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
ACCEPTANCE OF TERMS AND CONDITIONS
The placement of an order for design and/or any other services offered by MAGIC MEDIA ADVERTISING , by email or by online shops, is deemed to be acceptance of these Terms and Conditions, which are freely available, on each website that MAGIC MEDIA ADVERTISING owns, here www.florida-design.com