Please ensure you fully read our Terms of Service before you place your order as they constitute a legally binding agreement.
We reserve the right to modify these terms of service at any time without prior notification.
1) General Definitions and Terms
The following words used in this agreement apply to You, the customer: "You", "Your".
The following words used in this agreement apply to Us, the seller: "Us", "Our", "We", "Templates", "Services", "Magoo".
The terms "website", "the website", "this website" refer to https://cloud.magoosvc.com.
After payment has been received, your Service will begin provisioning from your client area within the timeframe advertised on our website.
Provisioning of shared hosting services and domain registrations begin immediately. VPS (Virtual Private Servers), Reseller Hosting, Managed Services, AntiVirus and other services begin provisioning immediately and is generally available within 12 hours durring business hours.
All services include Magoo's Standard Technical Support. Please allow time for our service teams to assist with provisioning and remain responsive to support request for additional information if required.
Due to the nature of products we sell (i.e. digitally downloadable products and services) we allow cancellations of most service at any time. Downloadable website templates, contract pricing, and custom design work are excluded from this agreement. We desire to be your partner, and will assist with issues to retain our partnership as allowed by law.
Any charge-backs you attempt to make via payment gateways will be argued strenuously by us with reference to these terms and conditions of sale. Credits and refunds will be processed by our sales department, and disputed services may be retained as credit towards your current subscriptions. In the event that products or services do not perform to our description, a refund will be provided by credit through our site(s) Credit will not be returned on accounts that are past due with other services associated with that account.
By purchasing any pre-made website template from http://template.magoosvc.com, you acknowledge and agree that we do not guarantee compatibility for any feature not seen in our live demonstration. In the case of templates that do not have live demonstrations, you much contact us prior to making your purchase to find out whether the template will be compatible with a feature not seen or described on this website. We cannot provide refunds on the basis of incompatibility in this regard.
If you are using a different version of any CMS (Content Management System) to the one specified in the template description, it is your responsibility to enquire as to whether the template you want to purchase will work with your installation. If you fail to enquire and your template does not work, you will not be refunded. This is because the template will work when you upgrade your CMS installation to match the version number advertised on this website. Our associates are available 6 days a week to assist in your purchasing decisions.
If you order a custom service but later change your mind, you have the right to cancel it provided that we have not already started work on it. There is an administrative fee of $14.99 USD for all service cancellations, irrespective of whether the service has commenced or not. By ordering custom services you agree to this fee.
Support will only be provided for paid products and services if your account is in good standing. If there are outstanding payment issues relating to your account, or you are using a proprietary product, support will not be provided.
If your domain is not registered with US, we will provide adequate assistance to ensure you have domain related information for your product(s)/ service(s) to operate effectively.
Standard support is provided with ALL products and services offered through http://cloud.magoosvc.com. Support is provided through our internal ticket system by support services associates in the English language. Our associates will provide, at a minimum, industry standard support for your subscription unless otherwise advertised through our site. Custom software coding is not included within our standard support.
Unless otherwise stated, support will be provided during normal business hours without additional charge. Emergency, expedited, holiday, and other primary emergency support may incur additional cost. It is the responsibility of the service associate to ensure you are advised of these rare exceptions. All services are otherwise provided in the order that they are received.
We reserve the right to refuse user support for any reason, such as, but not limited to, abusive or offensive communiation directed towards our staff.
5) Pre-made Templates
By purchasing a template licence you acknowledge and agree that your purchase grants you a single, non-transferable licence to use the purchased design on one website/domain only. You also acknowledge and agree that your purchase of a template licence does not grant you ownership of the template, and/or any other transferable right of ownership of the template design, including any and all source files, unless explicitly advertised by us on template.magoosvc.com or cloud.magoosvc.com.
By purchasing a template licence, you acknowledge and agree that we do not guarantee compatibility of any feature not seen on our live demonstration site or any feature not documented or advertised on this website. You also acknowledge and agree that we do not guarantee compatibility of any third party modules, addons of custom features with the template licence you purchase.
By purchasing a template licence, you acknowledge and agree that your purchase will be available to download from this website following verification of your payment and order and that verification of your order will completed within 24 working hours of your cleared payment, and that this time frame is dependent on your prompt response to any verification request we may send you.
By purchasing a template licence from us, you acknowledge and agree that we reserve the right to discontinue or remove from sale a template without prior notice and that updates for the template in question will no longer be available. All templates will have a guaranteed update schedule of at least 6 months after purchase, regardless of whether the template has been discontinued from sale or not.
By purchasing a template licence from us, you acknowledge and agree that any template, design source file(s), image files, fonts, CSS files, PHP files, TPL files and/or any website code provided to you, by us, must not be transferred, sold, re-sold, distributed and/or re-distributed to any other person, company, third party and/or any un-related legally responsible being. You also agree not to transfer ownership of any template, source file(s), images, fonts, CSS files, PHP files, TPL files and/or any website code provided to you, by us, to any third party, in exchange for any form of consideration (including but not limited to monetary consideration and/or financial gain) or free of charge.
By purchasing a template licence from us, you acknowledge and agree that access to the download, user support and future templates updates, if advertised on this website as being included with your purchase, will be revoked after 1 year unless you purchase a Support and Updates package. Upon purchase of a Support and Updates package, you will be entitled to a further 12 months of access to the download, user support and template updates, if advertised on this website as being included with your purchase.
By purchasing a service from us, you agree to provide us with the necessary information required to complete the service. You also acknowledge and agree that the advertised time frame for completion of the service by us is dependent on your prompt delivery of information requested by us and is advertised in working hours. You also acknowledge and agree that we reserve the right to increase or decrease the time frame for the service completion at any time wihout notice, if required due to high levels of demand or any other influencing factor.
By purchasing a service from us, you acknowledge and agree that any work and/or website code provided to you, by us, must not be transferred, sold, re-sold, distributed and/or re-distributed to anyone other person, company, third party and/or any un-related legally responsible being. You also agree not to transfer ownership of work and/or website code provided by us to any third party, in exchange for any form of consideration (including but not limited to monetary consideration and/or financial gain) or free of charge.
By purchasing a service from us, you acknowledge and agree that we will not be held legally and/or financially liable for any loss of data and/or loss of earnings in relation to any third party user account credentials you provide us with.
Additional Terms of Service for individual service subscriptions may be available within our download section. By purchasing services you agree to be bound by the TOS provided for your unique subscription.
7) Website Hosting
By ordering website hosting (Shared Hosting, Reseller Hosting, VPS Hosting) you acknowledge and agree that Magoo & Associates, LLC reserves the right to hold cancellation orders until the provisioning processes are complete. This allows the consumer an educated choice of choosing to continue service or cancelling based on the propper hosting configuration.
By ordering website hosting, you acknowledge and agree that we will not be held legally and/or financially liable for any loss of data and/or loss of earnings in relation to any third party user credentials you provide us with.
By ordering website hosting, you acknowledge and agree that we will not be held legally and/or financially liable for any loss of data and/or loss of earnings in relation to outages, malfunction, or other unintentional loss of service. Great diligence is taken to ensure reliable and secure services, but errors do rarely occur.
By ordering website hosting, you acknowledge that cancellations and refunds will be processed in the order they are received. Account refunds will be held to complete any amount owed by you. All refunds will be provided based on services remaining within the selected billing cycle. Domain registrations are not available for refund.
By ordering website hosting, you acknowledge and agree that you will adhere to our general terms of conduct that prohibits misuse, including but not limited to: refrain from conduct that may damage or degrade service or brand appeal of Magoo & Associates, escalation of privileges, malware, harassment, statutory violations, pornography or obscene language/ images, and account overages. It is the responsibility of the end user to ensure that their actions conform to our general standards and seek approval if issues are anticipates. Accounts in violation will be suspended until remedied.
By ordering website hosting, you acknowledge and agree to financial reimbursement in the form of account credit for violations of SLA in respect to outages, shortages, or loss of availability as advertised. Support complaint should be rased regarding suspected SLA agreement to claim your account credits
All quotations issued by us will be valid for a maximum period of 30 days. After this time, we reserve the right to provide a new quote if necessary.
You acknowledge and agree that by accepting a quotation, all communication and agreements made prior to your acceptance shall form contractual obligations for both parties, enforceable by law and to be construed in accordance with these Terms of Service.
If, for any reason, you decide against us completing the agreed works once they are already in progress, we reserve the right to either conclude the contract as originally agreed, or to charge the total amount of the contract value in order to bring the contract to an end.
If there is significant deviation part way through a project that is already in progress, we reserve the right to either conclude the contract as originally agreed, or to charge the total amount of the contract value in order to bring the contract to an end. Unless otherwise stated, contracts are time and materials.
You acknowledge and agree that there will be no transfer of ownership rights/intellectual property unless payment has been made in full. If payment is outstanding for any reason, no ownership rights, intellectual property rights or copyright protection will be afforded to you.
9) Limitation of Liability
By ordering any product or service from us, and/or by using this website, you agree that we will not be held legally and/or financially liable for any loss of data and/or loss of earnings. You also agree that we will not be held legally and/or financially liable for any loss of earnings for the period of website down-time that is required to complete any service.
To the extent permitted by applicable law, Magoo & Associates, LLC hereby disclaims any and all warranties, whether express or implied, statutory or otherwise as to the accuracy of any information contained on any of our websites and, accordingly, Magoo & Associates, LLC shall have no liability (save in relation to death or injury arising through its negligence) for any loss or damage howsoever arising and of whatever nature incurred in the use of any Magoo & Associate, LLC website or reliance on any information contained on it including, without limitation, any direct, indirect or consequential loss, loss of business, loss of goodwill or loss of profits.
The decision to offer or maintain services to customers is at the sole discretion of Magoo & Associates, and may be modified and/or terminated at any time without notice.
10) Applicable Language, Law and Jurisdiction
All products and services provided by us may require communication in English language in order to complete a service or provide a product. By purchasing any product and/or service from us, you acknowledge and agree to be bound by our Terms of Service, as written and defined in English. By ordering a product and/or service from us, you acknowledge and agree that we will not be held legally and/or financially responsible for your failure to read and/or understand these Terms of Service.
Your use of this website, any material accessed or downloaded from it and the operation of these Terms of Service and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of England and Wales and You agree to submit to the jurisdiction of the English Courts.
If you have breached and/or violated these Terms of Service, we reserve the right to bring legal proceedings against you in:
the courts of the country of your residence
the courts of the location of your access, use or storage of any materials obtained from the website
the courts of the location of any breach by you of these Terms of Service; and/or
the courts of the location of your authorisation of any of the above acts.
In the event of a civil law suit decided in our favour, you acknowledge and agree that all legal fees will be paid by you or the company you represent that is party to the case.
11) Trade marks
This website makes references to several companies that are not related or affiliated with Magoo & Associates, LLC. These trade marks belong to their respective owners.
Magoo & Associates, LLC and the Magoo & Associates logo are trade marks of Magoo & Associates,LLC, legally registered in the United States (Illinois), and may not be used or copied without our express permission in writing. We reserve all rights including the right to take legal action in order to protect our intellectual property, copyrights and brand identity.
Last Updated: 19th February 2017