Heart and Magic LLC Terms & Conditions
By paying for a website or any additional services you are agreeing to be bound by these Terms for the Services provided by Heart and Magic LLC (“Heart and Magic” or “we”). You are entering into this contract with Heart and Magic LLC.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to Heart and Magic that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services.
Supply of Materials
Heart and Magic requires the client to provide ahead of time all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Turnaround Time and Content Control
Heart and Magic will install and publicly post or supply the client’s website by the date specified in the project proposal unless a delay is specifically requested by the client and agreed by Heart and magic.
In return, the client agrees to delegate a single individual as a primary contact to aid Heart and Magic with progressing the commission in a satisfactory and expedient manner.
We will deduct the full amount quoted by our Visualizer when you press Submit. If you decide during our strategy call that you don’t need certain features, we will refund you the difference.
Our optional service plans will take care of the hosting and maintenance of your website.
- Keeping the website secure and updated
- Generating backups for the past 30 days and restoring the site if needed
- Ensure a high website speed
- Monthly visitor reports
- Hosting on a high-performing infrastructure.
All service plans include 30,000 website visitors per month. If the client’s website receives more visitors per month, the client will be notified to update the hosting agreement.
If the client wants to cancel the subscription, a written notification is needed one month before the next billing cycle. Heart and Magic will make the website available to the client within 7 business days and remove the client’s website from its servers with the end of the billing cycle.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Heart and Magic the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The client is further responsible for granting Heart and Magic permission and rights for use of the same and agrees to indemnify and hold harmless Heart and Magic from any and all claims resulting from the client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the client to Heart and Magic that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
This agreement assumes that any text will be provided by the client in electronic format and that all photographs and other graphics will be provided physically in high-quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format.
Although every reasonable attempt shall be made by us to return to the client any images or printed material provided for use in the creation of the client’s website, such return cannot be guaranteed.
Accreditation and Promotion
Heart and Magic shall be entitled to place accreditation, as a hyperlink or otherwise, in the form, size, and location as incorporated by Heart and Magic in the Deliverables on each page of the Final Deliverables. Heart and Magic retains the right to reproduce, publish and display the Deliverables in our portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship. If a client requests that the design credit is removed, a nominal fee of 10% of the total development charges will be applied.
Either party, subject to the other’s reasonable approval, may describe its role in the Project on its website and in other promotional and marketing materials, and, if not expressly objected to, include a link to the other party’s website.
Heart and Magic LLC hereby excludes itself, its employees and or agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Heart and Magic to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Evaluation and Acceptance
We make all commercially reasonable efforts to display our websites in the most popular current browsers for desktop, tablet, and mobile.
The client agrees that Heart and Magic cannot guarantee correct functionality with all browser software across different operating systems. We also cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the client.
Heart and Magic accepts 1 revision in the initial website design. After the client receives the design the client has 5 business days to notify Heart and Magic in writing of any failure to comply with the specification of the Project Proposal or of any other objections, corrections or changes required. Heart and Magic shall correct and submit a revised deliverable to the client.
If the client fails to provide approval or comments during any approval period, those deliverables will be considered approved and accepted. All objections, corrections, and changes shall be subject to the terms and conditions of this Agreement.
Representations and Warranties
Client represents and warrants to Heart and Magic that: (a) To the best of Client’s knowledge, use of the Client Content does not infringe the rights of any third party; (b) Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials; (c) Client will obtain all necessary and appropriate rights and licenses to grant license to Heart and Magic to use Third Party Materials.
EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, HEART AND MAGIC MAKES NO WARRANTIES WHATSOEVER. HEART AND MAGIC EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT.
This Agreement shall be governed by the law of Minnesota.
In the event any one or more of the provisions of this agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this agreement shall be unimpaired and the agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.