Terms & Conditions

Magic Digital Media Design Project Contract Terms of Service

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You (hereinafter referred to as “you” or “Credit Card Holder” or “Client”) Magic Digital Media is a Corporation and parent company to Magic Digital Media. an Illinois Corporation (hereinafter referred to as “Magic Digital Media” or “Magic Digital Media” or “our”, “us” or “we”), our online general Pricing Page located HERE (hereinafter referred to as “Pricing”), written proposal (hereinafter referred to as “Proposal A-Z” or “Annexure A-Z”)

(A) You are consenting to our Terms and Conditions electronically. “Terms & Conditions” means this agreement (including the service & price details contained on our website also known as “Proposal A-Z” or “Annexure A-Z”), SEO Agreement, notices of change in terms relating to this agreement, new account agreements, account notifications, and any disclosures required now or in the future by applicable regulation.

(B) In Lieu of this Electronic “Terms & Conditions”, you have a right to request a paper copy of these Terms & Conditions before signing up. If you want an electronic copy, please talk to one of our sales Representative VIA email at sales@magicdigitalmedia.com and we will send you an electronic copy via email. You also have the right to request a previous version of these terms if they were updated after your signing and agreeing to the terms and conditions or the agreement.

(C) You have the right to decline this agreement and not receive them electronically. If you wish to make that choice, do not click “I agree” or Process Order or Sign (“Proposal A-Z” or “Annexure A-Z”) and do not make any payments, contact a Sales representative immediately instead. Email us at magicdigitalmedia518@gmail.com if you decline this agreement electronically your order will not be processed until we receive your signed agreement in electronic form.

(D) By stating “I agree” via email, or logging on and electronically signing “Proposal A-Z” or “Annexure A-Z”, or making Payments, you are confirming that you can access and read and agree to all of this agreement and consent to use of this electronic method of contract acceptance under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN).

(E) You may use the “Contact Us” feature to update information needed to contact you electronically. You should print a copy of this agreement and retain it for future reference.

For your convenience, “Terms & Conditions” consists of the following parts:

Authorization. Client is engaging Magic Digital Media, as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as “Web Design Project”) to be published on the Client’s account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, hereinafter refer to as “Hosting Service”, or provided on diskette at the Client’s option. The Client hereby authorizes Magic Digital Media to access this account, and authorizes the Hosting Service to provide Magic Digital Media and its employees, with “full access” to the Client’s account, and any other programs needed for this Web Design Project that are included as part of the Client’s service agreement/level. Please note: Some platforms require hosting to be secured & maintained by them if the site is built using their tools. For example, Wix, Shopify, Big Commerce, etc.

Development. This Web Design Project will be developed using latest version of custom PHP, Java Script, MySQL, MyPHP, CSS, AJAX, Macromedia ® Dreamweaver ® and or Wix HTML5

Browser Compatibility – Designing a web site to fully work in multiple browsers (and browser versions & resolutions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Magic Digital Media represents and warrants that the web site we design for you will work in:

  • Microsoft® Internet Explorer versions 7 and up
  • Google Chrome
  • Firefox 3.0 and up
  • Safari

Accessibility for People with Disabilities – Magic Digital Media standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content you provide and functions we build into our web sites are available to all visitors.

Assignment of Web Design Project. Magic Digital Media reserves the right, and you hereby agree, to assign local or international subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as meeting the estimated completion date if one was provided.

Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Magic Digital Media for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Magic Digital Media, its employees and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. The client undertakes the entire liability for the content on the website.

Web Site Maintenance. This agreement allows for minor web site maintenance to pages over a 12 month period at a cost of $67-$155/hour, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette. The period of 12 months begins on the date the Client’s web design site is available to be published to Client’s hosting service or 30 days from the date this agreement was signed, whichever comes first. If the Client’s web design package includes database access using ASP or PHP, then very minor page code changes will be accepted under this web site maintenance plan, major page code and/or database structural changes will be charged at then hourly rates.

Prior to Transfer or Delivery of Project. The Client agrees to complete the Magic Digital Media ‘Design Approval Prior to Delivery Form’ prior to taking delivery of finished product. The Client understands and agrees that if the ‘Design Approval Prior to Delivery Form’ is not filled out in full, that Magic Digital Media can retain all work product until Client fulfills this obligation.

Shared Screen Training: Once a time for shared screen training has been set and/or agreed upon, Magic Digital Media will need at least 72 hours’ notice to reschedule or cancel the appointment. If proper notice is not given in the time frame stated herein, the training session will be considered lost or used and cannot be rescheduled. A new appointment would have to be set and paid for accordingly. Shared screen training cannot be set until site is complete or until the Client states the site is complete. Once shared screen training takes place, the revision period (if any time remaining) will be considered void. Any edit requests for the site beyond the shared screen training session (if even missed during the build revision period) will be considered void. The Client agrees that if shared screen training takes place, that you accept the site as-is and understand that any further adjustments will be an extra.

Completion Date. Magic Digital Media and the Client must work together to complete the Web Design Project in a timely manner. Magic Digital Media agrees to work expeditiously to complete the Web Design Project as specified in the “Proposal A-Z” or “Annexure A-Z” (whichever is applicable) after Client has submitted all necessary content and filled in the mandatory web design questionnaire. The Client is expected to supply Magic Digital Media with complete text and graphics ‘content’ in an easy electronic format for this Web Design Project as soon as possible for Magic Digital Media to finish the website on time. The Client is responsible to provide entire content in a timely manner and understands that Magic Digital Media will not be responsible if the Web Design Project remains largely unfinished or is delayed, due to his or her own inaction. The delays can also occur if any milestone that requires Client action, such as approving design mockups or web design changes is not acknowledged on time. This is a bilateral contract which means if the project is delayed, beyond the time specified in “Proposal A” or “Annexure A” or “Proposal O” (whichever is applicable) due to Clients inaction, such as delay in sending initial or ongoing instructions & contents, Magic Digital Media may not work expeditiously to finish the project in accordance with Clients new deadlines. An additional charge at rates specified in the “Proposal A-Z” or “Annexure A-Z” whichever maybe applicable. All of our turnaround times are estimates only and NOT guarantees. Please keep in mind that there are several different things that can delay the web design process that are out of our control. The turnaround times that we give are based on actual statistics of jobs we have done in the past and are NOT guaranteed. Under no circumstances will a refund be honored for a delay in our estimated turnaround time and this should not constitute a breach of this contract.

Project Delivery. The final web site design project will be published to the Client’s hosting service upon receipt of full final payment or delivered via diskette upon the receipt of full final payment. The Client understands that if Client does not choose the hosting service provided by Magic Digital Media, the Client agrees to select a hosting service which allows Magic Digital Media full access to the Client’s account via FrontPage® or FTP. The Client will be solely responsible for any and all hosting service charges in that case. Configuring feedback forms on sites not hosted by Magic Digital Media requires additional scripting efforts and would be charged at hourly rate as specified in the Proposal A O. Client acknowledges that unless otherwise specified in writing by Magic Digital Media, add-ons services will require My SQL Database Hosting on Linux Operating System.

Publishing:

1) Magic Digital Media will Publish/Host the site on its servers if client chooses Magic Digital Media to provide Hosting Service.

2) Magic Digital Media will Publish/Host the site on any servers if client does not choose Magic Digital Media to provide Hosting Service only if it has the full access to the Client’s account via FTP.

Diskette: The Client assumes all responsibility for the use and functionality of the Web Design Project.


Electronic Commerce Laws
. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Magic Digital Media, its employees and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

Web Design Project Copyright. The Client will be assigned rights to use the Web Design Project as a web site perpetually, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Magic Digital Media and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Website Content. Is the textual, visual or aural content that is encountered as part of the user experience on websites? It may include, among other things: text, images, sounds, videos and animations. The Client is expected to supply Magic Digital Media with complete text and graphics, this includes (but not limited to) text, copy, forms, legal disclaimers, privacy policies, terms and conditions, images, graphics “the content” in an easy electronic format for this Web Design Project as soon as possible for Magic Digital Media in order to finish the website on time. The Client is responsible to provide entire content (text, imagery, and graphics) in a timely manner and understands that Magic Digital Media will not be responsible if the Web Design Project remains largely unfinished or is delayed, due to his or her own inaction. Please Note: Magic Digital Media in efforts to keep the project moving forward may use filler text or sample/filler images. At no time does Magic Digital Media represent that the temporary filler text or sample/filler images are written by Magic Digital Media copywriters or images/graphics are that of Magic Digital Media or that Magic Digital Media holds licensing for. Magic Digital Media pull sample/filler images and text from royalty free sources, and use them on the site as examples and filler in efforts to keep the project moving forward and on schedule. Magic Digital Media does not guarantee that sample/filler images used and placed by Magic Digital Media are not copy-written or royalty free. It’s is the obligation of the client to provide, ensure or confirm that all “content” (text, copy, forms, legal disclaimers, privacy policies, terms and conditions, images, graphics) is authorized for use. Furthermore, Magic Digital Media does offer copy writing services, and can purchase license rights to non-royalty free graphics/imagery at an additional cost.

Images, text, video, graphics or audio files provided by Magic Digital Media. Are bound to Creative Commons Deed CC0 (http://creativecommons.org/publicdomain/zero/1.0/legalcode). To the extent possible under law, Magic Digital Media have waived all copyright and related or neighboring rights to these images, text, video, graphics or audio files. You are free to adapt and use the images, text, video, graphics or audio files for commercial purposes without attributing the original author or source.

Limitations. Magic Digital Media may provide temporary placeholder/sample images, text, video, graphics or audio files for the sole purpose of keeping a project on schedule or use as examples. We cannot guarantee that you will be able to use the Image for any purpose you like. Also, if there is a model release for the Image, We do not represent or make warranties whatsoever as to the legality or validity of it. Furthermore, certain Images, text, video, graphics or audio files may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. Magic Digital Media does not represent or make any warranties that it owns or licenses any of the temporary Images, text, video, graphics or audio files it’s used, nor does it grant them. It’s your responsibility to make sure that all the necessary rights, consents and licenses for the use of the Images are provided.

Magic Digital Media cannot be held responsible for any copyright violations, and cannot guarantee the legality of the Images, text, video, graphics or audio files stored in its system, archives, found on royalty free sources, or free to download sources. If you want to make sure, always contact the photographers. You use the Images, text, video, graphics or audio files supplied by Magic Digital Media at your own risk!

You are solely responsible for the Images, text, video, graphics or audio files you have on your project. You warrant that You own all proprietary rights regarding the Images, text, video, graphics or audio files and you are obliged to obtain a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release and/or any other permission necessary concerning the use of this work for any purpose, without any conditions, unless such conditions are required by law.

You acknowledge that Magic Digital Media does not allow the upload of Images, text, video, graphics or audio files that infringe on any copyright, property right, trademark or any other applicable right.

You accept that even though we do our best to prevent it from happening, Magic Digital Media cannot be held responsible for the misuse or abuse of any Images, text, video, graphics or audio files.

We also reserve the right to remove any approved Images, text, video, graphics or audio files at any time if we believe it’s defective, of poor quality or infringe on any right.

Indemnification for Breach of Terms. You agree to indemnify and hold harmless Magic Digital Media from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless Magic Digital Media from and against any and all claims brought by third parties arising out of your use of the Your Website.

Warranty and Liability. THE WEBSITE AND THE IMAGES, TEXT, VIDEOS, GRAPHICS OR AUDIO FILES ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, TEXT, VIDEOS, GRAPHICS OR AUDIO FILES ON THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Magic Digital Media DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES, TEXT, VIDEOS, GRAPHICS OR AUDIO FILES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. Magic Digital Media SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES, TEXT, VIDEOS, GRAPHICS OR AUDIO FILES.

Payments. Payments must be made promptly based on the terms of this Web Site Design Project as specified in the “Proposal A-Z” or “Annexure A-Z” (whichever is applicable). Magic Digital Media reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in IL, Unites States and any dispute will be arbitrated in IL, United States, and the Client hereby consents to the personal jurisdiction of the Cook County, Illinois Arbitration. Client unconditionally and personally guarantees the payments. Furthermore, the Client waives any right to or claim of sovereign immunity. Magic Digital Media reserves rights to report all good and bad accounts to all credit reporting agencies. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating should occur only after the full final payment is made. All payments will be made in U.S. Dollars.

Payment Schedule. Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and “Proposal A” or “Annexure A” or “Proposal O” (whichever is applicable),and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and Magic Digital Media agree that the services described in this contract, shall be completed at a cost specified in the “Proposal A-Z” or “Annexure A-Z” (whichever is applicable). Magic Digital Media Web Design requires at least 50% of the total amount due before starting work on a web site design. Magic Digital Media Web Design sends all invoices via email only and all invoices are due on presentation. Final balance due upon completion (completion date is determined by the build/revision period allotted and outlined in the agreed proposal — i.e., 2 Week Build/Revision Period provided, final payment will become due ‘within’ 16 days of the start date) and/or before going “live” or 45 days from the date of the accepted proposal, whichever is sooner. If payment arrangements are agreed upon and made, the client must make timely payments. If a payment is skipped, or payment method is declined the client will have FIVE (5) days to rectify the situation before interruption of services are implemented. In case any invoice is overdue for more than FIVE (5) days, Magic Digital Media Web Design reserves the right to stop work without any further communication, interrupt services that are outstanding and a $100 late fee will be applied at that time a in addition to 1.5%/mo interest on outstanding balance. All payments should be made to Magic Digital Media Web Design and all pricing is in US dollars. In the event a website is in default, and Magic Digital Media has interrupted (taken down) the site, a reactivation fee of $67 will become due in addition to the late fee and interest. Additionally, if a reoccurring payment plan is in default due to late or nonpayment, Magic Digital Media will require all outstanding amounts due (revoking the payment terms) prior to the reactivation and the turning over of the website. If emails or other subscriptions become delinquent due to nonpayment and the services is interrupted, Magic Digital Media will require a setup fee in order to reactivate the service that has become delinquent. Magic Digital Media reserves the right to remove payment terms offered and or set up with the client at any time for any reason.

Promotions, Discounts or Extras Given as a Concession. If a promotion, discount or an extra provided as a concession is applied to a project or listed within your proposal, the project must be paid as agreed or payments made as agreed within the payment terms deadlines. If a project is not completed within the allot window, payments not received as agreed or final payment is not made as agreed, any discount applied to the project or proposal will be removed and/or forfeited, and applied to the final payment or payments owed. For example, if a project received a discount due to a promotion running, or extras were provided to the project during the build by Magic Digital Media as a concession, and the agreed terms indicates, ‘Final balance due upon completion and before going “live” or 45 days from the date of the accepted proposal, whichever is sooner.’ payments must be made as agreed. If payments are not made ‘as agreed’, in addition to late fees, reactivation fees, costs and interest, the discounts and extras applied to the project will no longer be valid and the discounted or original extra amount will be applied to the outstanding balance and will become due.

Revision Period. The revision period is to begin upon receipt of first payment, or when client requests first rounds of revisions or site build requests. The revision period duration is listed on page TWO (2) of the proposal under the (“This Customized Website Package includes all of the following:”) Language, within the line item that reads **”Revision Period (Build/Revision period included starts at point of receiving first revision/build request)”** Each additional hour for revisions outside the revision period will be at a rate of $67/hour. If the revision period clock at the bottom of the client’s website has begun ticking down, the revision period has been initiated. All submittals of content or revision/build requests to the website MUST be made by email PRIOR to the expiration of the revision period or before the revision period clock ends, no exceptions. If the revision period states “UNLIMITED”, you will receive unlimited revisions for a period of 90 days (3 MONTHS) for the point of receiving the first deposit. If Magic Digital Media offers one final submittal after the revision period expires, that final submittal null and voids all prior requests. (PLEASE NOTE: If a request was missed during the allot build/revision time, the courtesy final submittal takes precedence over all previous requests and prior requests will not be honored).

Extras. All extras are bound under the same terms and conditions of the original agreed proposal.

Refund Policy. Magic Digital Media Web Design guarantees your satisfaction. Our refund policy works as below:

100% Refund, If Requested

  • Prior to the showing of any design layout, no questions asked, or
  • Before 3rd round of revision request.
  • Applicable to all website plans.

Refund Restrictions

  • Refund not applicable to clients taking advantage of a no obligation design layout offer based on requirements provided to Magic Digital Media
  • Refund not applicable once three rounds of revisions are requested.
  • Refund must be requested within 15 calendar days from date of order.
  • Refund not applicable on bulk hours.
  • Refund not applicable on marketing campaigns.
  • Refund not applicable on SEO services.
  • Refund not applicable on any form of graphic design services.
  • Refund not applicable on domain registration fees.
  • Refund not applicable for express service clients.
  • Refund not applicable on hosting fees.
  • Refund not applicable on convenience fees.
  • Refund must be requested in writing.
  • Refund not applicable on updates and add-ons on existing website.

PLEASE NOTE: Magic Digital Media’ main objective is customer satisfaction. If a client opts in by taking advantage of the no obligation design layout prior to commitment, and the client chooses to proceed forward with retaining Magic Digital Media to complete the project based on the requirements received or to be submitted (verbal or written), the client acknowledges that by making first payment (deposit) it is acceptance of the quality, customer service and capability of Magic Digital Media prior to commitment, therefor waiving all rights to a refund.

Designing Layout. Once the Advance payments are received, Magic Digital Media would make a Layout exactly in accordance with Clients requirements and will make reasonable changes until the client is satisfied. Once a layout is approved, and the Client needs to change it, additional cost may be applicable on hourly bases at the rate quoted in the “Proposal A-Z” Or “Annexure A-Z”. Full flash sites are not included in the contract and would be charged additional. Music integration in the website will cost fifty US Dollars per Music; Video integration will cost fifty ($17.00) US Dollars per Video. A page would be defined by maximum of 300 words and prorated there after depending upon the applicable cost per page. There will be a maximum of five (5) pictures in a page & ten (10) outside links per page. Anything extra will be charged at five ($5.00) US Dollars per picture and five ($9.00) US dollars per link/button. Internal navigation page links will be limited to the package selected, for instance a five (5) page website will have a maximum of five (5) internal navigational links, Additional navigational links without content will be charged thirty ($30.00) US Dollars per link. As a part of web design project Magic Digital Media agrees to make a standard feedback form with up to a maximum of (8) fields in lieu of (1) web design page and at no additional cost. Extra form fields will cost ten ($10.00) dollars per field. E-Commerce websites that are based on CRE Loaded Shopping Cart system and prices include Skin Customization. Client with CMS sites would have ability to change certain text and only in the content area of the website. Prices above are subject to change, the proposal will contain the most current pricing. A Web Design by Magic Digital Media statement with a link to magicdigitalmedia.com will appear on all pages in the footer of all websites designed or powered by Magic Digital Media . A $500.00 US surcharge would be payable if the link is asked to be removed. Removing the link without prior approval of Magic Digital Media would be breach of this contract.

Bulk Hours. Revision or build requests can take ‘up-to’ three (3) days to complete depending on your team’s workload, scope and complexity of request. Any requests made requiring a time to complete prior to three days from the original request will be considered expedited. Expedited times or costs will be determined case-by-case based on your team’s workload, scope and complexity of request. Bulk Hours requests with timeline prior to three (3) days or requests to be made on weekends are considered expedited. Expedited time or costs will be determined on a case-by-case based based on your appointed team’s workload, scope and complexity of request. NOTE: Bulk Hour time is used for time spent on the project, for example (but not limited to) i.e., reading and answering emails, internal project discussions, mobilizing, phone calls or phone conferences, project management, etc. Please see Refund Policy regarding Bulk Hour purchases.

Other Professional Services. Clients who opt for website content writing assistance agrees to provide Magic Digital Media ad with their content summary or highlight points. Clients who opt for article writing agree to provide Magic Digital Media with relevant keywords. Articles and website content will be professionally written and will be free of any grammatical errors. Magic Digital Media may charge a revision cost at hourly rate as specified in the Proposal A-Z if revision is requested after submission. Clients who buy Content Management System based web design understand that such websites are done in the Wix Editor, unless otherwise mutually agreed in writing. Clients who opt for video actor service agree to provide exact draft of the matter and understand that a re-shooting fee of $300/video will apply in case of any changes after the shoot.

Logo Designs. File formats for logo designs are PSD, PNG & JPG and will be provided upon request, all other file formats are at an additional cost. There are only three (3) revisions to a logo, an exception is made in a circumstance where Magic Digital Media designers completely missed a requested revision, or a detail within one of the revision requests. Please note, if the Client does not provide any design input (leaving full creative control to Magic Digital Media designers) prior to the first version of the of the logo being developed, runs the risk of losing one (1) valuable revision opportunity. We highly suggest you provide Magic Digital Media designers with as much information as possible, in order to ensure the logo can be complete to your expectations.

Privacy, Personal Information Protection. Magic Digital Media is serious about the protection of its employees, shareholders or its partner’s personal information being disclosed to the public, and has adopted policies in order to protect that privacy. Magic Digital Media has policies and procedures in place for the sole purpose of protecting the privacy and safety of its employees, shareholders and partners. Magic Digital Media, its shareholders and employees, may use employee numbers, aliases, pseudonym or alternate titles in order to protect their privacy and safety and the privacy and safety of the company. Magic Digital Media, its shareholders, employees and subcontractors will use aliases or pseudonyms for its WhiteLabel partners, in order for Magic Digital Media to remain transparent to partner’s clientele. The use of aliases, pseudonym or alternate titles, is strictly for protection and safety of Magic Digital Media shareholders, employees, partners and its subcontractors, and not intended to mislead or misrepresent. Magic Digital Media shareholders, employees, partners and its subcontractors using aliases, pseudonym or alternate titles state true facts and deliver on all promises made on the Magic Digital Media behalf.

Telephone Monitoring, Recording and Contacts. Magic Digital Media may choose to monitor and/or record telephone calls with Business and its owners, employees or agents without further notice. These calls are monitored and/or recorded solely for evaluation by supervisors, training, monitoring for compliance purposes, collections, and quality control. By agreeing to Proposal A-Z, you agree that any calls between Magic Digital Media or its agents and representatives and you or a representative of your business may be monitored and/or recorded for these purposes. The Client further agrees that: (i) it has an established business relationship with Magic Digital Media and may be contacted from time to time regarding project status or payment related issues; (ii) such contacts are not considered unsolicited or inconvenient; and (iii) any such contact may be made using any cellular or other telephone number that Business or its representative has provided to Magic Digital Media, using any e-mail address the Client or its representatives have provided to Magic Digital Media, or using an automated dialing and announcing or similar device, unless prohibited by law. This authorization is binding upon Client agreeing to the proposal or making first payment and will not be deemed withdrawn or revoked should Magic Digital Media determine not to continue future projects with the Client

Legal Notice. Notwithstanding anything to the contrary contained in this contract, neither Magic Digital Media nor any of its employees or agents, warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Magic Digital Media or its employees be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, you or your site visitor’s computer or Internet software, even if Magic Digital Media has been advised of the possibility of such damages.

Arbitration. EITHER PARTY MAY ELECT TO RESOLVE ANY CLAIMS OR DISPUTES RELATED TO THIS AGREEMENT BY NEUTRAL, BINDING ARBITRATION. AN ELECTION TO ARBITRATE A DISPUTE MAY BE MADE BY ANY PARTY BEFORE FILING A LAWSUIT OR IN RESPONSE TO A CLAIM, COUNTERCLAIM, OR CROSS CLAIM. ANY ARBITRATION HEARING AT WHICH BUSINESS APPEARS WILL TAKE PLACE WITHIN THE STATE OF ILLINOIS IN COOK COUNTY. IF ARBITRATION IS ELECTED, THE PARTY INITIATING THE ARBITRATION PROCEEDING MAY SELECT FROM THE FOLLOWING ARBITRATION ORGANIZATIONS, WHICH WILL APPLY THE APPROPRIATE RULES FOR COMMERCIAL CLAIMS TO ARBITRATE THE DISPUTE: AMERICAN ARBITRATION ASSOCIATION (“AAA”), OR ANY OTHER ORGANIZATION THAT PURCHASER APPROVES. THE PARTY INITIATING THE ARBITRATION PROCEEDING WILL ASSUME ALL ARBITRATION COSTS. JUDGMENT UPON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT IN ANY STATE. NO CLAIM SUBMITTED TO ARBITRATION WILL BE HEARD BY A JURY. ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 ET. SEQ.) AND NOT BY ANY STATE LAW CONCERNING ARBITRATION. THIS ARBITRATION SECTION WILL SURVIVE ANY TERMINATION OR TRANSFER OF THIS AGREEMENT. IF ANY PART OF THIS ARBITRATION CLAUSE, OTHER THAN WAIVERS OF CLASS ACTION RIGHTS, AS SET FORTH BELOW, IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE REST WILL REMAIN ENFORCEABLE. IF A WAIVER OF CLASS ACTION RIGHTS IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON IN A CASE IN WHICH CLASS ACTION ALLEGATIONS HAVE BEEN MADE, THE REMAINDER OF THIS ARBITRATION CLAUSE WILL BE UNENFORCEABLE. EACH PARTY HERETO WAIVES ANY RIGHT TO ASSERT ANY CLAIMS AGAINST ANY OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY PUBLIC POLICY. TO THE EXTENT ANY PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST ANY OTHER PARTY, THE PARTIES HEREBY AGREE THAT: (1) THE PREVAILING PARTY WILL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (2) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

This Agreement. This legal agreement, the “Proposal A-Z” or “Annexure A-Z” and constitutes the sole agreement between Magic Digital Media Web and the Client regarding this Web Design Project. After the initial 15 day Refund Guarantee period, this contract can only be canceled at the sole discretion of Magic Digital Media. Any additional work not specified in this agreement or any other amendment or modification to this agreement must be authorized by a written request signed or agreed via email by both Client and Magic Digital Media. All prices specified in this contract will be honored for 3 months after both parties agree to the contract. Continued services after that time will require a new agreement.

The undersigned hereby agree to the terms, conditions and stipulations of this agreement.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.

AGREED TO:

By Client (Electronically Consent – IP, Time and Date is Logged) – No Signature Needed

Duly Authorized

Magic Digital Media. – Magic Digital Media. – No Signature Needed, Valid only After Receipt of Advance Payment

Magic Digital Media

535 Fifth Avenue 4th Floor,

New York, NY, 10017

1-347-545-2000

sales@magicdigitalmedia.com