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Terms & Conditions

Conditions of Use Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (“mgxweb.com”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Copyright.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. Some of the content on the site is the copyrighted work of third parties.

Service Marks.

“MGXweb.com”, ” MGX Design Studio “, and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Restrictions and Prohibitions on Use.

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not: (a) use any automatic or manual process to harvest information from the Site; (b) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations;

Linking to the Site.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

Advertisers.

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertisers or sponsors materials.

Errors, Corrections and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic information.

Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to your violation of this Agreement or use of the Service.

Nontransferable.

Your right to use the Service is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

Refunds.

MGX Design Studio will give your money back, in case you make a refund request when the initial design concepts are offered. However once you approve or request changes in the initial designs, the refund offer becomes void and refund request will not be entertained. We do not offer refunds on web design, programming, SEO services, internet marketing, or content writing. All refunds are subject to a minimum Administration Fee of $100.00. This fee covers the hours lost while creating your project that you have found dissatisfactory. A refund request will need to have a valid reason which must be qualified for a refund. Unless a concept has not been designed according to the brief, a refund will not be given however further revisions will be provided until complete satisfaction. Any resemblance to an existing design will be merely a coincidence and MGX will not accept any responsibility or claim of any compensation in such a case. It is the client’s responsibility to get their art work copyrighted.

Note: Please note that customers claiming a refund will not be allowed to use the initial design concepts sent to them. Copy Rights of all designs remain the property of MGX Design Studio until fully paid.

How long does it to take to claim a refund?

If you are qualified for a refund, it can take up to 21 business days to receive refund your amount, minus any hours worked on your project. Approvals must be verified and accepted through the Banking Merchant Account & Payment Processor.

Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Legal:

“The Client” and MGX are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party.  Neither “The Client” nor MGX has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.

This Agreement shall be governed by and construed in accordance with the laws of California applicable therein.

The electronic submission of web maintenance order form proves agreement to the terms of this agreement on behalf of his or her organization or business.

Retainer Agreement:

This electronic transaction will constitute an agreement between (client) and MGX Design Studio for (Graphic design, strategic consulting, website maintenance, email template design, FREE Web Hosting, FREE Domain Registration, project research, writing, editing, social media management, print management, SEO and design project management services) services for the period of month to month basis.

During this period, MGX Design Studio agrees to devote the paid package amount of hours per month on assignments to be determined by (client). Work will normally be performed at the offices of MGX Design Studio but occasionally may take place at other locations, as required. Work priority and scheduling will be at the discretion of (client). Work will normally occur between the hours of 9 to 5 on weekdays. MGX Design Studio is closed on the weekends.

Payment for these services will be to MGX Design Studio at the rate of the ordered package, and will be made for the following month no later than the 1st day of each month that this agreement is in force. Monthly invoices will be submitted.

Services in addition to agreed hours per month will be made available by MGX Design Studio at the rate of $75 per hour and will be billed separately. Any expenses exclusive of normal overhead are not included in this agreement and will be invoiced separately. Examples of such expenses are: delivery services, printing, long-distance telephone calls, travel beyond 25 miles from MGX Design Studio to (client) facilities, and meals when traveling.

All materials furnished by (client) will remain the property of (client) and will be returned upon request, or no more than 30 days from the termination of this agreement. The results of any and all work performed by MGX Design Studio for (client), including original creative work, will remain the property of the (client).

(Client) may use this material in any way deemed appropriate. This agreement may be terminated on 30 days’ written notice by either MGX Design Studio or (client). In case of termination, MGX Design Studio shall make a reasonable attempt to finish work in progress. If (client) cancels prior to the agreed contract agreement above, Client is responsible for the remaining cancelled months of retainer fees. MGX Design Studio also has the legal right to terminate this agreement along with a written notice of intent to cancel. If MGX Design Studio cancels prior to the agreed 6-month/year contract, Client is not responsible for any other fees after termination request..

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