Legal

Terms and Conditions

Last update: 20 June 2019
  1. Interpretation

    The definitions and rules of interpretation in this condition apply in these terms and conditions.

    1. Definations
      • Contract: The Customer's purchase order and the Supplier's acceptance of it under clause 3.

      • Customer: the person, firm or company who purchases Services from the Supplier.

      • Customer's Project Manager: the Customer's manager for the Project appointed in accordance with clause 5.1(a).

      • Deliverables: all products and materials developed by the Supplier in relation to the Project in any media, including, without limitation, computer programs, data, diagrams, reports and specifications (including drafts).

      • Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including without limitation all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.

      • Pre-existing Materials: materials which existed before the commencement of the Project.

      • Project: the project as described in the Project Plan.

      • Project Milestone: a date by which a part of the Project is estimated to be completed, as set out in the Project Plan.

      • Project Plan: the detailed plan describing the Project and setting out the estimated timetable (including without limitation Project Milestones) in connection with, the provision of the Services by the Supplier in accordance with the Contract.

      • Services: the services to be provided by the Supplier under the Contract or as standalone Third Party Products & Services.

      • Supplier: Magic Webdesigns Ltd of 16 Ribblesdale, Thornbury, Bristol, United Kingdom BS35 2DW with the company number 11831976

      • Supplier's Project Manager: the Supplier's manager for the Project, appointed in accordance with clause 4.3.

      • Supplier’s Website: www.magicwebdesigns.co.uk

      • Third Party Products & Services: any product and/or service purchased from a third party supplier which have been identified in the Project Plan and/or purchase as a separate and standalone product or service from the Supplier’s Website.

      • VAT: value added tax chargeable under English law for the time being and any similar additional tax

    2. Condition, Schedule and paragraph headings shall not affect the interpretation of this agreement.

    3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

    4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

    5. Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.

    6. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

    7. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

    8. A reference to writing or written includes faxes but not email.

    9. References to conditions and Schedules are to the conditions and Schedules of this agreement and references to paragraphs are to paragraphs of the relevant Schedule.


  2. Application of conditions

    1. These conditions shall:

      • apply to and be incorporated in the Contract; and

      • prevail over any inconsistent terms or conditions contained in, or referred to in, the Customer's purchase order, confirmation of order, or specification, or implied by law, trade custom, practice or course of dealing.

    2. No addition to, variation of, exclusion or attempted exclusion of any term of the Contract shall be binding on the Supplier unless in writing and signed by a duly authorised representative of the Supplier.


  3. Effect of purchase order

    1. The Customer's purchase order constitutes an offer by the Customer to purchase the Services specified in it on these conditions; accordingly, the execution and return of the acknowledgement copy of the purchase order form by the Supplier, or the Supplier's commencement or execution of work pursuant to the purchase order, shall establish a contract for the supply and purchase of those Services on these conditions. The Customer's standard terms and conditions (if any) attached to, enclosed with, or referred to in, the purchase order shall not govern the Contract.


  4. Supplier's obligations

    1. The Supplier shall use reasonable endeavours to manage and complete the Project, and to deliver the Deliverables to the Customer, in accordance in all material respects with the Project Plan.

    2. The Supplier shall use reasonable endeavours to meet the performance dates specified in the Project Plan, but any such dates shall be estimates only and time shall not be of the essence of the Contract.

    3. The Supplier shall appoint the Supplier's Project Manager who shall have authority to contractually bind the Supplier on all matters relating to the Project. The Supplier shall use reasonable endeavours to ensure that the same person acts as Supplier's Project Manager throughout the Project, but may replace him from time to time where reasonably necessary in the interests of the Supplier's business.


  5. Customer's obligations

    1. The Customer shall:

      • co-operate with the Supplier in all matters relating to the Project and appoint the Customer's Project Manager, who shall have the authority to contractually bind the Customer on matters relating to the Project;

      • provide in a timely manner such access to the Customer's data, as is requested by the Supplier;

      • provide in a timely manner such information as the Supplier may request, and ensure that such information is accurate in all material respects; and

      • be responsible (at its own cost) for purchasing any Third Party Products & Services for the supply of the Services.

    2. If the Supplier's performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer or the Customer's agents, sub-contractors or employees, the Customer shall in all circumstances be liable to pay to the Supplier on demand all reasonable costs, charges or losses sustained or incurred by it (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property, injury to or death of any person and loss of opportunity to deploy resources elsewhere), subject to the Supplier confirming such costs, charges and losses to the Customer in writing.

    3. The Customer shall not, without the prior written consent of the Supplier, at any time from the date of the Contract to the expiry of six months after the completion of the Services, solicit or entice away from the Supplier or employ or attempt to employ any person who is, or has been, engaged as an employee or sub-contractor of the Supplier, except that the Customer shall not be in breach of this clause 5.3 if it hires an employee or sub-contractor of the Supplier as a result of a recruitment campaign not specifically targeted to any employees or sub-contractors of the Supplier, except that the Customer shall not be in breach of this condition 5.3 if it hires an employee or sub-contractor of the Supplier as a result of a recruitment campaign not specifically targeted to any employees or sub-contractors of the Supplier.

    4. Any consent given by the Supplier in accordance with clause 5.3 shall be subject to the Customer paying to the Supplier on demand a sum equivalent to 20% of the then current annual remuneration of the Supplier's employee or sub-contractor or, if higher, 20% of the annual remuneration to be paid by the Customer to such employee or sub-contractor.


  6. Third Party Products & Services conditions

    1. Where the Customer has purchased or should elect to purchase any Third Party Products & Services through the Supplier the corresponding terms and conditions of sale in force from time to time shall apply under this agreement. The terms and conditions that apply are set out in the Schedule to this agreement. If there is any inconsistency between those conditions of sale and the provisions of this agreement, the latter shall prevail.


  7. Change control

    1. If either party wishes to change the scope of the Services, it shall submit details of the requested change to the other in writing.

    2. If either party requests a change to the scope or execution of the Services, the Supplier shall, within a reasonable time, provide a written estimate to the Customer of:

      • the likely time required to implement the change;

      • any variations to the Supplier's charges arising from the change;

      • the likely effect of the change on the Project Plan; and

      • any other impact of the change on the terms of the Contract.

    3. If the Supplier requests a change to the scope of the Services, the Customer shall not unreasonably withhold or delay consent to it.

    4. If the Customer wishes the Supplier to proceed with the change, the Supplier has no obligation to do so unless and until the parties have agreed in writing on the necessary variations to its charges, the Project Plan and any other relevant terms of the Contract to take account of the change.


  8. Charges and payment

    1. Where the Services are provided for a fixed price the total price for the Services shall be the amount set out:

      • in the Project Plan; or

      • on the Supplier’s Website, where the Customer seeks to purchase a separate and standalone product or service.

    2. Except where clause 8.1(b) should apply, the total price shall be paid to the Supplier in instalments as set out in the Project Plan on it achieving the corresponding Project Milestone. On achieving a Project Milestone, the Supplier shall invoice the Customer for the charges that are then payable, together with expenses and the costs of materials (and VAT, where appropriate), calculated as provided in clause 8.3.

    3. Any fixed price contained in the Project Plan excludes:

      • the cost of any ancillary expenses reasonably incurred by the project team in connection with the Services, and the cost of any materials or services reasonably and properly provided by third parties required by the Supplier for the supply of the Services. Such expenses, materials and Third Party Products & Services shall be invoiced by the Supplier; and

      • VAT, which the Supplier shall add to its invoices at the appropriate rate.

    4. The Customer shall pay each invoice submitted to it by the Supplier in full, and in cleared funds, within 30 days of receipt.

    5. Without prejudice to any other right or remedy that the Supplier may have, if the Customer fails to pay the Supplier on the due date the Supplier may:

      • charge interest on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of Barclays Bank Plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment; and

      • suspend all Services until payment has been made in full.

    6. Time for payment shall be of the essence of the Contract.

    7. All payments payable to the Supplier under the Contract shall become due immediately on termination of the Contract, despite any other provision. This condition is without prejudice to any right to claim for interest under the law, or any such right under the Contract

    8. All amounts due under this agreement shall be paid by the Customer to the Supplier in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). The Supplier may, without prejudice to any other rights it may have, set off any liability of the Customer to the Supplier against any liability of the Supplier to the Customer.


  9. Intellectual Property Rights

    1. All Intellectual Property Rights and all other rights in the Deliverables shall be owned by the Supplier. The Supplier hereby licenses all such rights to the Customer free of charge and on a non-exclusive, non-transferable and worldwide basis to such extent as is necessary to enable the Customer to make reasonable use of the Deliverables and the Services as is envisaged by the parties. If the Supplier terminates the Contract under clause 12.1, this licence will automatically terminate.

    2. The Customer acknowledges that the Customer's use of rights in Pre-existing Materials or Third Party Products & Services is conditional on the Supplier obtaining a written end-user licence (or sub-licence) of such rights from the relevant licensor or licensors on such terms as will entitle the Supplier to license such rights to the Customer.


  10. Confidentiality and Supplier's property

    1. The Customer shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Customer by the Supplier or its agents, and any other confidential information concerning the Supplier's business or its products which the Customer may obtain. The Customer shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know it for the purpose of discharging the Customer's obligations to the Supplier, and shall ensure that such employees, agents or sub-contractors are subject to obligations of confidentiality corresponding to those which bind the Customer.

    2. Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. A party's Confidential Information shall not be deemed to include information that:

      • is or becomes publicly known other than through any act or omission of the receiving party;

      • was in the other party's lawful possession before the disclosure;

      • is lawfully disclosed to the receiving party by a third party without restriction on disclosure;

      • is independently developed by the receiving party, which independent development can be shown by written evidence.

    3. Subject to clause 10.5, each party shall hold the other's Confidential Information in confidence and not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this agreement.

    4. Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.

    5. A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 10.5, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.

    6. All materials, equipment and tools, drawings, specifications and data supplied by the Supplier to the Customer shall at all times be and remain the exclusive property of the Supplier, but shall be held by the Customer in safe custody at its own risk and maintained and kept in good condition by the Customer until returned to the Supplier, and shall not be disposed of or used other than in accordance with the Supplier's written instructions or authorisation.

    7. The above provision of this clause 10 shall survive termination of the Contract, however arising.


  11. Limitation of liability

    WARNING: you are strongly advised to read the clause 11 on this condition.

    1. The following provisions set out the entire financial liability of the Supplier (including without limitation any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:

      • any breach of the Contract howsoever arising;

      • any use made by the Customer of the Services, the Deliverables or any part of them; and

      • any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including without limitation negligence) arising under or in connection with the Contract.

    2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

    3. Nothing in these conditions excludes the liability of the Supplier:

      • for death or personal injury caused by the Supplier's negligence; or

      • for fraud or fraudulent misrepresentation.

    4. Subject to clause 11.2 and clause 11.3:

      • the Supplier shall not in any circumstances be liable, whether in tort (including without limitation for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise for:

        • loss of profits; or

        • loss of business; or

        • depletion of goodwill or similar losses; or

        • loss of anticipated savings; or

        • loss of goods; or

        • loss of contract; or

        • loss of use; or

        • loss or corruption of data or information; or

        • any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

      • the Supplier's total liability in contract, tort (including without limitation negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid for the Services.


  12. Termination

    1. Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate the Contract without liability to the other if:

      • the other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment;

      • the other party commits a material breach of any other term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;

      • the other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;

      • the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;

      • a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

    2. Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.

    3. On termination of this agreement by the Supplier, pursuant to clause 12.1, all licences granted by the Supplier under this agreement shall terminate immediately.

    4. Termination of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.


  13. Force majeure

    1. The Supplier shall not in any circumstances have any liability to the Customer under the Contract if it is prevented from, or delayed in, performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.


  14. Waiver

    1. No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.


  15. Rights and remedies

    1. Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.


  16. Severance

    1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

    2. If any provision or part-provision of this agreement is deemed deleted under clause 16.1, the parties shall negotiate in good faith to amend such provision that, , to the greatest extent possible, achieves the intended commercial result of the original provision.


  17. Entire agreement

    1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

    2. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.

    3. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.


  18. Assignments

    1. The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, sub-contract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.

    2. The Supplier may at any time assign, transfer, charge, sub-contract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.


  19. No partnership or agency

    1. Nothing in the Contract is intended to or shall operate to create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including without limitation the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).


  20. Third party rights

    1. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.


  21. Notices

    1. Any notice or other communication given to a party under or in connection with this contract shall be in writing and shall be:

      • delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office; or

      • sent by email to its main email address.

    2. Any notice or communication shall be deemed to have been received:

      • if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;

      • if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service;

      • if sent by email, at 9.00 am on the next Business Day after transmission.

    3. This condition does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this condition, "writing" shall not include email.


  22. Governing law

    1. The Contract and any disputes or claims arising out of or in connection with it or its subject matter or formation (including without limitation non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales.


  23. Jurisdiction

    1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

Hosting Services Schedule

Last update: 20 October 2019

This is a Schedule to the Terms and Conditions of Magic WebDesigns Ltd. This Schedule applies to the Hosting Services defined below, and as stipulated in a Contract.

Unless the context otherwise requires, the definitions used in the Terms and Conditions apply to this Schedule. Any other terms defined in this Schedule have that meaning for this Schedule only.

  1. Interpretation

    In this Schedule, the following terms shall have the following meanings:

    Hosting Services: the hosting services that we provide to our customers that have entered into a relevant agreement with us, the specification of which is as listed and updated on the Website from time to time (and which may include "Basic Web Hosting", "Premium Web Hosting" or "Unlimited Web Hosting".);

    Hosting Services Fees: the fees payable to us by you for our provision to you of the Hosting Services;

  2. Hosting Services

    1. Free domain name: We may provide one free .uk or .co.uk domain name with the Unlimited Web Hosting service for a period of 12 months from the date of the relevant Contract as part of a time-limited promotion; if, in relation to such a promotion, you would like a domain name that is not .uk or .co.uk (such as .com), you will be responsible for any payable registration fees. If you already have a host but want to benefit from our free domain name, a .uk or .co.uk domain can be transfered to us free of any fees for a period of 12 months.

    2. Costs in respect of domain names: Where we provide a domain name to you free of charge in accordance with clause 2.1, if you terminate the Hosting Services to which that free domain name relates within the initial registration period of the domain, you will be responsible to pay to us the registration fee that you would have paid to us for that domain name if we had not provided it to you free of charge, where such fees are listed on the Website and updated from time to time. We reserve the right to require full payment of such fees to us prior to us releasing or migrating the domain name to a third party host.

    3. Domain Registration Services Schedule: Clause 2 is subject to the Domain Registration Services Schedule

    4. Email traffic: Where the Services allocate any email account to you, we do not warrant that any email sent to that email account will be received by you nor that any email sent by you from that account will be delivered to any intended recipient. You acknowledge that we use incoming and outgoing email "spam" filtering for security purposes and such filtering may, in some cases, prevent email from being received by or sent from such email account. There is no facility to disable such filtering, and the thresholds of such are entirely at our discretion.

  3. Hosting Services Fees

    1. The Hosting Services Fees: The Hosting Services Fees are as set out on the Website at the time that you submit your order, or shown in your Project Plan.

    2. Refund At any time within the first 14 days of your Contract you can cancel your Hosting Services and we will refund you in full any Hosting Services Fees that you have paid to us.

  4. Support

    1. We are not able to provide support for your website if custom software is installed on the server.
  5. Term

    1. Term of this Schedule This Schedule shall commence on the data of the relevant Contract and shall continue in full force and effect until terminated in accordance with the Terms and Conditions

Data Migration Service Schedule

Last update: 6 October 2019

This is a Schedule to the Terms and Conditions of Magic WebDesigns Ltd. This Schedule applies to the Data Migration Service defined below, and as stipulated in a Contract.

Unless the context otherwise requires, the definitions used in the Terms and Conditions apply to this Schedule. Any other terms defined in this Schedule have that meaning for this Schedule only.

  1. Interpretation

    In this Schedule, the following terms shall have the following meanings:

    Data Migration: the data migration services that we provide to our customers that have entered into a relevant agreement with us, the specification of which is as listed and updated on the Website from time to time (and which may include "Data Migration", "Move to us" or "Let us transfer you".);

    Data Migration Services Fees: the fees payable to us by you for our provision to you of the Data Migration Services;

  2. Data Migration Services

    1. Eligibility The service is recomended only for standard websites, this may include, but not limited to: basic HTML websites, WordPress websites; the service also includes the migration of email accounts and databases. Email accounts may not be able to be transfered depending on the web hosting plan you select. Database's may not be able to be transfered depending on the web hosting plan you select. We reserve the right to reject your migration service at any time, a full refund will be issued of the Fees paid for the migration service only.

    2. Time: Where we provide the migration service, the time to complete the migration varies depending on each customer. When the migration is accepted, you will be provided with a date where we expect, but not guarantee the transfer to be completed.

    3. Liability: We do not accept any liability in respects to loss in data, loss in service, loss in profits or anything stipulated in Section 11 of the Terms and Conditions. We ask you to make a backup for all data prior to the transfer.

    4. Access: In order for us to complete the Data Migration, we may require access to your old account, this may include, but not limited to; the use of an FTP account and/or access to a control panel login such as cPanel. WIthout this access the migration cannot be completed. Failing to provide this information will mean the service cannot be completed and the service will be cancelled. We ask you to remove any sensitive data you wish for us not to see and/or transfer, we also ask that you change your password to something temporary for us to access.

  3. Data Migration Service Fees

    1. The Data Migration Service Fees: The Data Migration Service Fees are as set out on the Website at the time that you submit your order, or shown in your Project Plan.

    2. Refund Once the migration has been accepted (you will receive an email stating this), no refunds are available.

  4. Term

    1. Term of this Schedule This Schedule shall commence on the data of the relevant Contract and shall continue in full force and effect until terminated in accordance with the Terms and Conditions

Domain Registration Services Schedule

Last update: 21 June 2019

This is a Schedule to the Terms and Conditions of Magic WebDesigns Ltd. This Schedule applies to the Domain Registration Services defined below, and as stipulated in a Contract.

Unless the context otherwise requires, the definitions used in the Terms and Conditions apply to this Schedule. Any other terms defined in this Schedule have that meaning for this Schedule only.

  1. Interpretation

    Domain Registration Services: the services that we provide to our customers by which we arrange for the registration of domain names, and ancillary services, the specification of which is as listed and updated on the Website from time to time; and

    Domain Registration Services Fees: the fees payable to us by you for our provision to you of the Domain Registration Services.

  2. What we do

    No warranty: We use several third parties to register domain names for us – we are a reseller of their services. If we provide Domain Registration Services, we do not warrant that:

    1. the domain names requested will be accepted for registration, transfer or renewal (as appropriate) by the relevant registrar; or

    2. any registration, transfer or renewal will be successful.

  3. Domain name registries: The registration of the domain name that you choose, and the ongoing use of that domain name, shall be subject to the relevant domain name registry's, and ICANN's terms and conditions from time to time, and, in submitting an application for registration, you agree that you have requested, considered and accepted those terms and conditions. You may find such terms and conditions for a particular family of domain names here.

  4. Domain name charges: If any charges apply to the registration of a domain name that you have chosen, you will be informed of those charges during the Order process prior to submission.

  5. Cancellation or suspension by us: We reserve the right to suspend or cancel any application for registration of a domain name or refuse to host any domain name if you are, or we reasonably believe that you are, in breach of this Agreement.

  6. Renewals: You are responsible to ensure that any domain names that you register as part of the Services are renewed when necessary and all relevant renewal fees are paid. We will inform you that a renewal date is impending at least thirty days before the domain name is due for renewal, however it is your responsibility to:

    1. stay up-to-date with any domain name registrations provided as part of the Services to ensure they are renewed if so desired;

    2. ensure that any monies that we, or any registrar, hold on your behalf are allocated to domain name renewal if that is your preference; we, and any domain name registrar, will not allocate any monies held for you to domain name renewal unless you clearly instruct otherwise; and

    3. stay updated as to whether any domain name renewal is successful, and inform us promptly if a renewal is unsuccessful.

  7. Domain names that are not renewed: If you request that you no longer wish to have your domain name renewed or the relevant domain name registry has not received all relevant renewal fees to process that renewal (whether directly from you or through us), that domain name will expire and any Domain Name Services that we provide applicable to that domain name will be suspended. Your domain name will then go into a protected period, after which your domain name will be suspended by the domain name registry and will go into a grace period. Please contact us for more information on the protected period and grace period for your domain name, as these differ from domain name registry to domain name registry. If you do change your mind and still wish to renew your domain name within the grace period, you still can but you may be charged additional fees as set out by the domain name registry. Any such additional fees will be passed on to you, and all outstanding fees (including all relevant renewal fees) will need to be settled in full before the renewal of your domain name. After the grace period your domain name will be cancelled and deleted from the register and made available for resale through a third party registrar. We cannot guarantee the renewal of a domain name after the grace period expires.

  8. Rights to the domain name: By submitting an Order in respect of a specific domain name, you warrant that you have the right to use that domain name.

  9. Service level agreement: We commit to acknowledging all requests for Support Services in relation to Domain Registration Services within three Business Days from when the request for Support Services was made. We aim to resolve any request for Support Services in relation to Domain Registration Services within five Business Days from the time of acknowledgement, although we cannot guarantee any particular result or outcome nor within any particular time.

  10. No cancellation: You understand that domain names cannot be cancelled once registered, and no refund is available

SSL Certificate Services Schedule

This is a Schedule to the Terms and Conditions of Magic WebDesigns Ltd. This Schedule applies to the SSL Certificate Services defined below, and as stipulated in a Contract.

Unless the context otherwise requires, the definitions used in the Terms and Conditions apply to this Schedule. Any other terms defined in this Schedule have that meaning for this Schedule only.

  1. Interpretation

    SSL Certificate Services: the services that we provide to our customers by which we make available a Secure Sockets Layer certificate (known as an "SSL Certificate") which may be used to facilitate an encrypted link between the providers of a resource or service and the service requestors; and

    SSL Certificate Services Fees: the fees payable to us by you for our provision to you of the SSL Certificate Services.

  2. SSL Certificate Services Fees

    The SSL Certificate Services Fees: The SSL Certificate Services Fees are as set out on the Supplier’s Website at the time that you submit your Order.

  3. SSL Certificate Services

    1. No warranty:We use several third party Certification Authorities to issue SSL Certificates (the "SSL Certificate Certification Authority") for us. We do not warrant that:

      1. an order for issue or renewal of a SSL Certificate will be accepted by the relevant SSL Certificate Certification Authority; or
      2. any attempt to issue or renew an SSL certificate will be successful;
    2. Third party warranty: Any warranty offered by the SSL Certificate Certification Authority as part of the SSL Certificate shall be the sole responsibility of the said SSL Certificate Certification Authority and shall not be interpreted as a warranty offered by us.

    3. We are resellers: We resell the SSL Certificate Services to you. We use a third party provider to provide the SSL Certificate Services, and, if you submit an Order for the SSL Certificate Services, you agree to the third party's terms and conditions, which depend on the provider:

    4. Renewals: You are responsible to ensure that any SSL Certificates that are issued as part of the Services are renewed when necessary and all relevant renewal fees are paid.

    5. Authentication of SSL Certificates:When you apply for the SSL Certificate and place your Order, the Supplier’s Website will inform you whether you are applying for a fully-authenticated certificate or not:

      1. fully-authenticated certificates are issued to devices to provide:

        • authentication;

        • message, software, and content integrity; and

        • confidentiality encryption;

        and to provide assurances of identity and entitlement to use any domain name listed in the relevant certificate application; and

      2. certificates that are not fully-authenticated are issued to devices to provide:

        • validation of the domain;

        • message, software, and content integrity; and

        • confidentiality encryption;

        and to provide assurances of the validity of the domain and that the domain administrator has authorised the relevant certificate Application. No organisation authentication is performed on the owner of the domain.

    6. What you cannot use the SSL Certificate for: You shall not use your SSL Certificate:

      1. for or on behalf of any other organisation;

      2. to perform private or public key operations in connection with any domain and/or organisation name other than the one you submitted on your certificate application;

      3. for illegal or unauthorised purposes;

      4. on more than one physical server or device at a time (unless expressly permitted by us in writing); or

      5. for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury, or severe environmental damage.

    7. Revocation: We retain the right to revoke your SSL Certificate at any time without notice if:

      1. we are required to do so by the relevant Certification Authorities or any third party on behalf of which we reseller the SSL Certificate Services;

      2. we discover that the information within your SSL Certificate is no longer valid;

      3. you fail to perform your obligations under the terms of this Agreement; or

      4. at our absolute discretion, we consider that you have engaged in activities which are harmful.

  4. Term

    1. Term of this Schedule: This Schedule shall commence on the date of the relevant Contract and the SSL Certificate shall be valid for its applicable validity period unless earlier revoked pursuant to this Schedule.

    2. No cancellation: You acknowledge that SSL Certificates cannot be cancelled once issued, and no refund is available.

Privacy Policy

Last update: 30 May 2019

Introduction


Magic Webdesigns Ltd respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Alternatively, you can download a pdf version of the policy here: Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

1. Important information and who we are


Purpose of this privacy policy

This privacy policy aims to give you information on how Magic Webdesigns Ltd collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service and/or sign up to our email marketing campaign.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.


Controller

Magic Webdesigns Ltd is the controller and responsible for your personal data (collectively referred to as "Magic Webdesigns", "we", "us" or "our" in this privacy policy).

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.


Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Full name of legal entity: Magic Webdesigns Ltd

Email address: legal@magicwebdesigns.co.uk

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.


Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated on 30 May 2019. Historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.


Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.


2. The data we collect about you


Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:


  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.


3. How is your personal data collected?


We use different methods to collect data from and about you including through:


  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

    • apply for our products or services;
    • create an account on our website;
    • subscribe to our service or publications;
    • request marketing to be sent to you;
    • enter a competition, promotion or survey; or
    • give us feedback or contact us.

  • Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from the following parties:


    1. analytics providers such as Google and Facebook based outside the EU;
    2. advertising networks such as Facebook and Twitter based inside and outside the EU; and
    3. search information providers such as Google and Bing based inside and outside the EU.

  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Stripe based outside the EU.
  • Identity and Contact Data from data brokers or aggregators.
  • Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.
  • Visitor tracking data from providers such as Zendesk Inc based outside the EU and Hotjar based in the EU.
  • Email marketing tools such as Mailchimp based outside the EU.

4. How we use your personal data


We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:


  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.


Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.


Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.


Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer

(a) Identity

(b) Contact

Performance of a contract with you

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established: the following personal data control mechanisms:


Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or entered into a contract with us and you have not opted out of receiving that marketing.


Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.


Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.


Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please click here.


Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.


5. Disclosures of your personal data


We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.

  • External Third Parties as set out in the Glossary.
  • Specific third parties listed in the table Purposes for which we will use your personal data above.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.


6. International transfers


Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:


Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.


7. Data security


We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.


8. Data retention


How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.


9. Your legal rights


Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.


10. Glossary


LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES
External Third Parties
  • Service providers acting as processors who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:


  • If you want us to establish the data's accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Cookie Policy Policy

Last update: 9 June 2019