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 any of our website hosting platforms to include https://www.cloud.magoosvc.com2) Payment
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 during 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.
All Website and Cloud services are subject to suspension if payment is not received according to your billing cycle. Magoo is not responsible for loss in revenue or data due to account suspension or deletion.3) Refunds
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.4) Support
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.6) Services
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 raised regarding suspected SLA agreement to claim your account credits.8) Quotations
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) Limitations 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:
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. In the event of a civil law suit decided in our favor, you acknowledge and agree that all legal fees will be paid by you or the company you represent that is party to the case.
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", "Services", "Magoo".The terms "Antivirus", "Managed Antivirus", "Security Analyzer" refer to any of our AVG Antivirus offerings unless otherwise explicitly stated.2) Parent Agreement
By subscribing to Managed Antivirus, You agree to be bound by any/ all provisions within the EULA provided by Avast so long as your subscription continues. You further agree that Avast EULA may be modified from time to time without notice, and are bound by any modifications while maintaining your subscription. You may review Avast Eula by navigating to https://www.avast.com/eula3) Security
Magoo & Associates, LLC holds your privacy as a paramount concern while providing exceptional service. In doing so, we have enacted these provisions:
Magoo & Associates, LLC provides no warranty either explicit nor implied to prevent device infection by virus, malware, or other malicious software. Consumers/customers are provided a virus remediation warranty in the event their device receives malicious software. Remediation is free of charge excluding additional cost items (software or hardware). If Tehincal Support Services concludes that the undesired issue is the result of other failures, excluding malicious software, service charges will apply.5) Limitations
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Magoo & Associates or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Magoo & Associates sites, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Magoo & Associates has been advised of or should have known of the possibility of such damages.6) Cancellation
You may cancel your service at any time while in good standing without incurring additional cost. You may cancell you account subscription by contacting Technical Support Services during normal business hours.
This site is provided by Magoo & Associates on an “as is” and “as available” basis. Magoo & Associates makes no representations or warranties of any kind, express or implied, as to the operation of the Magoo & Associates sites or the information, content, materials, or products included on the Magoo & Associates sites, or third parties contracted by Magoo & Associates. This disclaimer does not apply to any product warranty offered by the manufacturer of the item.Terms and Conditions
Title to equipment to transfer to customer upon full receipt of payment for all goods & services purchased. Your order is not valid until accepted by Magoo & Associates. All returns must be accompanied by original invoice and authorized RMA number within 30 days of invoice date. Returns will be assessed a 15-20% restocking fee. A late fee of 9% may be applied to payments past 30 days from invoice date. Please contact your sales representative if you have any questions. Payment options are not final until approved by Magoo & Associates.Services
Customers may order services alone, or in conjunction with applicable purchases. Certain services may be provided by third parties, including, but not limited to, extended warranty service by manufacturers, and are sold by Magoo & Associates as distributor or sales agents. In said cases, customers shall consider the third party to be the contracting party for any loss, claims or damages arising and the third party shall be the party responsible for providing the services to the Customer and Customer will look solely to the third party for any loss, claims or damages arising from or related to the provision of such Third Party Services. Customer and Customer’s Affiliates hereby release Magoo & Associates from any and all claims arising from or relating to the purchase or provision of any such Third Parties Services.Pricing Disclaimer
Magoo & Associates disclaims any responsibility for product information and products described on this site. Magoo & Associates cannot confirm the price, features, and availability of an item until after your order is placed, and is subject to change without notice. Magoo & Associates reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. Some product information may be confusing without additional explanation. Payment options are not final until approved by Magoo & Associates.Shipping and Delivery Disclaimer
Delivery of items purchased from the Magoo & Associates sites ship to addresses inside the United States only. Some items are available for pick up (or delivery) at physical locations. Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items. All shipping information, including prices, features, and availability, is subject to change without notice. Magoo & Associates may attempt notification of cancellation of orders pending a substantial increase in cost to shipping terms.Credit Card Procedure
For your protection and security, and in order to verify your payment card details provided, we will contact your card issuer on the day you place your order to request a pre-authorization. We will verify your card for this amount each time you amend your order. This pre-authorization is NOT a charge to your card and will not be billed to you. Your card issuer may hold this amount for a short period, but this will never be taken from your account. Once your order is processed, we will request the full order amount. In a small number of cases, some card issuers may hold the full pre-authorization amount for a limited time (usually 3-10 days). A 3-4% convenience fee will be assessed on all purchases made on written quotations. The aforementioned convenience fee is incorporated within online pricing profiles.Export Policy
You acknowledge that some goods licensed or sold on the Magoo & Associates sites are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws. By purchasing, downloading or using technology or software from the Magoo & Associates sites, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no Magoo & Associates materials will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law. Magoo & Associates materials are only sold within the United States of America.Indemnification
You agree to defend, indemnify, and hold harmless Magoo & Associates and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Magoo & Associates sites or any breach by you of this Agreement.Limitations of Liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Magoo & Associates or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Magoo & Associates sites, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Magoo & Associates has been advised of or should have known of the possibility of such damages.
We collect information from you when you register on our site, place an order, subscribe to a newsletter or enter information on our site.How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.Do we use 'cookies'?
Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies, some features will be disabled. It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly. However, you can still place orders.Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless required by law, or to complete your service(s).Google
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en We use Google AdSense Advertising on our website.
We have implimented the following:
Demographics and Interest Reporting:
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.California Online Privacy Protection Act
How does our site handle do not track signals?We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?It’s also important to note that we allow third party behavioral tracking.COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.We do not specifically market to children under 13.Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
To be in accordance with CANSPAM we agree to the following:
Based on service subscription
A company or individual may cancel a Magoo & Associates Education Vendor Partnership class without penalty by giving Magoo & Associates WRITTEN NOTICE (email to [email protected]) at least 9 business days prior to the scheduled starting date of the class. If a company or individual cancels a specific course without at least 10 business days notice prior to the starting date of the class, the company or individual will be assessed a 100% cancellation fee.Reschedules
A company or individual may reschedule a Magoo & Associates Education Vendor Partnership class without penalty by giving Magoo & Associates WRITTEN NOTICE (email [email protected]) at least 9 business days prior to the scheduled starting date of the class. If a company or individual reschedules a specific course without at least 9 business days notice prior to the starting date of the class, the company or individual will be assessed a 100% cancellation fee. Reschedules will be based on seat availability. A limit of 3 reschedules per course is permitted.No Shows
If a company or individual does not attend a class and does not give notice, the company or individual will be assessed a 100% “no-show” fee.Reimbursements
Magoo & Associates Education reserves the right to cancel a class at any time. If that happens, we will refund the course fee(s) in full. Magoo & Associates liability is limited to course fee(s) only. Magoo & Associates cannot be held liable for airfare, lodging or other related expenses, including any airline penalties incurred.Special Provisions
All Bundled Path purchases are non-refundable and non-cancelable. Path bundles must be taken within one year from date of purchase. Paths are to be purchased for an individual student only.Special Provisions for On-Site or Special Classes
A company or individual may cancel or reschedule an on-site or private Magoo & Associates Education Vendor Partnership class without penalty by giving Magoo & Associates WRITTEN NOTICE (email to [email protected]) at least 30 days prior to the scheduled starting date of the class. All on-site or private classes require a purchase order before the class is scheduled. If a company or individual does not provide at least 30 days WRITTEN NOTICE of a cancellation or reschedule of a Magoo & Associates Education Vendor Partnership on-site or private class, the class cannot be cancelled or rescheduled.Late Arrivals
We ask that you arrive 20 minutes prior to class start time, because late arrivals disrupt class flow. If a student is more than 15 minutes late, he or she will not be allowed into class and the seat will be given to a client waiting on standby. Late cancellations or rescheduling fees may apply.
Last updated on: December, 31 2017