Terms & Services
Terms & Conditions — MagicVolo Systems
Effective Date: March 2025
Last Updated: March 2025
Welcome to MagicVolo Systems. These Terms & Conditions (“Terms”) govern your access to and use of our website, products, and services. By accessing or using our website or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or services.
1. Definitions
- “We”, “us”, “our” means MagicVolo Systems.
- “You”, “Client”, “Customer” means the individual or entity using our website or purchasing our services.
- “Services” means any IT, software development, cloud, consulting, managed IT, or related services offered by MagicVolo Systems.
- “Website” refers to any web pages, content, subdomains, and resources owned or operated by MagicVolo Systems.
2. Acceptance of Terms
By accessing our Website or engaging our Services you confirm that you have read, understood, and accept these Terms and any documents referenced herein (including our Privacy Policy). We may update these Terms from time to time; the updated Terms will be posted on this page with a revised “Last Updated” date. Continued access or use after changes indicates acceptance.
3. Services & Proposals
All Services provided by MagicVolo Systems are subject to a separate statement of work (SOW), proposal, order form, or contract (“Agreement”) where applicable. The Agreement sets out the scope, deliverables, timelines, fees, and payment milestones. In case of any conflict between these Terms and a signed Agreement, the signed Agreement will prevail.
4. Client Responsibilities
To enable us to deliver Services, you agree to:
- Provide accurate information, required access, and timely approvals;
- Designate a project contact and respond to reasonable requests;
- Secure necessary rights or licences for third-party software or data you provide;
- Comply with applicable laws and regulations when using the Services.
5. Fees, Invoicing & Payment
- Fees for Services will be set out in the Agreement or proposal. Unless otherwise agreed, payments are due within 30 days of invoice.
- Late payments may incur interest at a reasonable rate and/or suspension of Services until payment is current.
- All fees are exclusive of taxes; you are responsible for any applicable taxes, duties or governmental charges.
6. Changes, Cancellation & Refunds
- Change requests that impact scope, timeline, or cost will be managed through a change order and may incur additional charges.
- Cancellation terms will be set out in the Agreement. Where no Agreement exists, we will reasonably agree cancellation charges to cover work completed and commitments made.
- Refunds, if any, are at MagicVolo’s discretion and subject to the terms in the Agreement.
7. Intellectual Property
- Unless otherwise agreed in writing, MagicVolo Systems retains ownership of all intellectual property (IP) in pre-existing tools, libraries, processes, frameworks, or code used to deliver Services (“Background IP”).
- On full payment, you will receive ownership (or a licence as specified in the Agreement) of project deliverables and bespoke source code created specifically for your project (“Foreground IP”).
- We may use anonymized code samples, patterns, or learnings for internal purposes and future projects, provided no confidential information or your proprietary code is disclosed.
8. Confidentiality
Each party will keep confidential information received from the other and will not disclose it to third parties except as required by law or to professional advisors under confidentiality terms. Confidential information does not include information that is public, independently developed, or already in the receiving party’s possession.
9. Data Protection & Privacy
We process personal data in accordance with our Privacy Policy. You are responsible for ensuring that any personal data you provide has been collected in compliance with applicable laws and that you have the right to share it with us.
10. Warranties & Disclaimers
- We warrant that we will perform Services with reasonable skill and care in accordance with industry standards.
- Except as expressly provided in these Terms or a signed Agreement, all warranties (whether express or implied) are excluded to the fullest extent permitted by law.
- We do not warrant that the Website or Services will be uninterrupted or error-free, or that all defects will be corrected.
11. Limitation of Liability
To the maximum extent permitted by applicable law:
- MagicVolo Systems’ total liability for any claim arising out of or related to these Terms or any Agreement will not exceed the total fees paid by you to MagicVolo Systems under the relevant Agreement in the 12 months preceding the claim.
- We will not be liable for any indirect, incidental, special, punitive, or consequential losses (including lost profits, loss of data, or business interruption).
12. Indemnification
You agree to indemnify, defend and hold harmless MagicVolo Systems, its officers, employees and agents from and against any claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Services, or your violation of applicable laws.
13. Third-Party Services & Open Source
- We may integrate or recommend third-party products, libraries, or services. Your use of third-party services is governed by their terms and privacy policies.
- If open-source software is used in a deliverable, the applicable open-source licence will govern that component. We will inform you of any open-source components as part of project delivery.
14. Support & Maintenance
Where support or maintenance is included, the scope, response times, and service levels will be defined in your Agreement. Emergency or out-of-scope support may incur additional fees.
15. Termination
- Either party may terminate the Agreement as provided in that Agreement.
- We may suspend or terminate Service access if you breach these Terms and fail to remedy the breach in a reasonable time.
- On termination you must pay for Services performed up to the termination date and return or destroy confidential information as requested.
16. Governing Law & Dispute Resolution
These Terms are governed by the laws of the jurisdiction specified in the Agreement (or if no jurisdiction is specified, by the laws commonly applicable to the Company’s principal place of business). Any disputes will first be attempted to be resolved through good-faith negotiations. If unresolved, disputes may be referred to mediation or arbitration as agreed by the parties.
17. Acceptable Use
You must not use our Website or Services for illegal activities, to transmit malicious code, or to violate the rights of others. We reserve the right to suspend or remove content or accounts that breach these rules.
18. Changes to These Terms
We may update these Terms periodically. We will post the updated Terms on this page with a revised “Last Updated” date. Material changes will be notified to affected clients where possible. Continued use after changes signifies acceptance.
19. Severability
If any part of these Terms is found to be invalid or unenforceable, that part will be limited or removed to the minimum extent necessary and the remaining Terms will continue to apply.
20. Entire Agreement
These Terms, together with any signed Agreement and our Privacy Policy, constitute the entire understanding between you and MagicVolo Systems regarding the Services, superseding any prior agreements or communications.
21. Contact
If you have questions about these Terms, please contact us at: info@magicvolosys.com.
Thank you for choosing MagicVolo Systems
We look forward to partnering with you to build secure, scalable, and high-performing technology solutions.
