This page represents Magic Pages' Terms & Conditions. To use our services, you acknowledge this agreement between Magic Pages and you ("the Customer").
Magic Pages is legally represented as Jannis Fedoruk-Betschki, incorporated in Austria with its registered office at Wiesingerstraße 2, 4820 Bad Ischl.
References in this Agreement to "you" or "your" mean the Customer entering into this Agreement and any person who accesses or uses the Services (as defined below) by or through the account of the Customer.
This Agreement shall be governed by the laws of Austria.
Services
Magic Pages shall provide hosting services ("the Services") comprising web hosting, server space, technical support and other infrastructure services necessary for the Customer to host one or more instances of the Ghost CMS software onMagic Pages' servers. The Customer shall be solely responsible for providing and maintaining any software, content or other materials on their hosted Ghost CMS instances.
Magic Pages shall use commercially reasonable efforts to ensure the Services have an uptime of at least 99% per calendar month. Magic Pages shall respond to support requests submitted by the Customer within one business day. Magic Pages shall maintain adequate backup and disaster recovery capabilities to protect Customer content from data loss.
The Customer shall provide accurate and truthful information during registration for the Services and update such information as needed to ensure its accuracy and truthfulness.
The Customer shall use the Services only in a manner that does not interfere with or disrupt the integrity or performance of the Services or third party data contained therein. The Customer shall not attempt to gain unauthorised access to the Services or their related systems or networks.
Magic Pages grants the Customer a limited, revocable, non-exclusive license to access and use the Services for the agreed upon purposes during the Subscription period.
The Customer shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Services, including any of the Ghost themes provided to them for exclusive use on the Magic Pages platform.
Magic Pages may make backup copies of the Customer's content as required for the technical functioning of the Services.
Plans and Pricing
Magic Pages offers Services to the Customer on the basis of
- a lifetime plan, whereby "lifetime" refers to the operational lifetime of the Services, or
- monthly subscription plans, or
- yearly subscription plans.
No refunds shall be provided if a subscription is cancelled.
The Customer may purchase add-ons to the Services for an additional fee. All fees are non-refundable.
Magic Pages shall provide the Services to the Customer on a trial basis free of charge for the first 14 days.
Restrictions on Use
The Services may only be used for standard website and blogging purposes. The Customer agrees not to use the Services for any illegal, harmful, fraudulent or infringing purpose or in violation of any applicable laws or third party rights. The Customer shall comply will all acceptable use policies of which it is notified by Magic Pages from time to time.
Intellectual Property
Magic Pages retains ownership of all infrastructure, platforms, and other materials provided under the Services. The Customer retains ownership of all content, data, materials or other information uploaded to or stored as part of its hosted Ghost CMS instances. Ghost itself is a software released under the MIT software license.
Magic Pages may remove any content that infringes intellectual property rights of any third party upon receipt of a valid notice.
Changes to Services
Magic Pages may update or modify the Services from time to time, provided it uses commercially reasonable efforts to provide advance notice to the Customer. Magic Pages may withdraw obsolete Services upon reasonable notice to the Customer. Major changes to the Services require one month's prior written notice to the Customer.
Liability
Magic Pages shall not be liable in any way for any content uploaded or hosted by the Customer on their Ghost CMS instances. The Customer shall be solely liable for any illegal or infringing content.
Acceptable Use Policy
The Customer shall use the Services only for lawful purposes that comply with this Agreement and all applicable laws, regulations and generally accepted practices or guidelines in the relevant jurisdictions.
The Customer shall not use the Services to share, make available, transmit or store content that is unlawful or in breach of any party's intellectual property or other proprietary rights. This includes but is not limited to content that infringes copyrights, trademarks, patent rights or trade secrets.
The Customer shall not use the Services to share, make available or transmit content that is obscene, defamatory, constitutes illegal hate speech or incites violence against others.
The Customer shall not use the Services to share, make available or transmit pornographic or sexually explicit content.
The Customer shall not use the Services to share, make available or transmit content that promotes discrimination based on race, religion, sexuality or gender.
Warranties and Disclaimers
Magic Pages warrants that:
- It has all necessary rights to provide the Services to the Customer; and
- It shall use reasonable care and skill in providing the Services.
Except as expressly provided above, the Services are provided on an "as is" basis without warranties of any kind, whether express or implied. Magic Pages expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement.
Magic Pages does not warrant that the Services will meet the Customer's requirements or be error free. Magic Pages does not warrant or make any representations regarding the use or results of the Services, including their correctness, accuracy, reliability or otherwise.
Limitation of Liability
In no event shall Magic Pages be liable to the Customer or any third party for any loss of use, revenue or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not theMagic Pages has been advised of the possibility of such damages.
The aggregate liability of Magic Pages for all claims arising from or relating to this agreement shall be limited to a maximum of the total amounts paid by the Customer under this agreement in the twelve (12) months preceding the event giving rise to the claim. This limitation applies to all causes of action in the aggregate, including without limitation breach of contract, breach of warranty, negligence, strict liability, misrepresentations and other torts.
Magic Pages shall not be liable for any failure or delay in performing obligations due to causes beyond its reasonable control, including natural catastrophes, labor strikes, shortages, riots, insurrection, war, terrorist attacks, fire, communication line failures, power failures, equipment or software malfunction or governmental restrictions.
All services are provided on an "as is" and "as available" basis. Magic Pages expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Customer shall indemnify, defend and hold harmless Magic Pages from any claim, suit or proceeding brought against Magic Pages by a third party arising from or relating to the Customer's use of the services or breach of this agreement, including claims for negligence, fraud, misrepresentation, or any personal injury.
Term and Termination
The initial term of this Agreement shall commence on the date the Customer signs up to use Magic Pages' services and shall continue for the duration of the lifetime of the Services for lifetime plans, or for the selected subscription period (monthly or yearly) for limited term subscriptions.
Subscription periods shall automatically renew for successive periods of the same duration as the initial term unless either party provides notice of non-renewal at least one day before the end of the then-current term.
Upon termination of this Agreement:
- Magic Pages will delete all Customer Content from the Services within 30 days;
- all rights and licenses granted under this Agreement will terminate; and
- any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected.
Payment and Pricing
The pricing of all hosting services shall be specified on Magic Pages' website.
The pricing for additional services such as additional backups or the usage of a content delivery network shall be as specified on Magic Pages' website.
Subscription fees are payable annually or monthly in advance via credit card or PayPal. Billing will occur within 3 days before the start of each subscription period.
All prices are exclusive of any applicable sales tax or VAT, which shall be added to the price and paid by the Customer. Prices are subject to change if applicable taxes change.
Refunds and Cancellation
Except for the 14-day trial period, all hosting fees are non-refundable. To cancel a service, the customer has to inform Magic Pages through the dedicated "Cancel"-button in the customer portal (my.magicpages.co). No refunds will be provided for any unused portion of a pre-paid subscription.
Confidentiality
"Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer Data shall be deemed Confidential Information of Customer.
The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement.
Confidential Information shall not include information that:
- was rightfully known to the Receiving Party prior to receipt from the Disclosing Party;
- becomes rightfully known to the Receiving Party from a third party not under a duty of confidentiality;
- is or becomes generally known to the public without breach of this Agreement; or
- is independently developed by the Receiving Party without use of or reference to the Confidential Information of the Disclosing Party.
The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law pursuant to a lawful order of a court or regulatory body, provided the Receiving Party gives the Disclosing Party reasonable prior written notice to contest such order.
The obligations under this Section shall apply to any Confidential Information disclosed by either party to the other whether before or after the effective date of this Agreement and shall continue during the term and survive termination of this Agreement for a period of 5 years.
Force Majeure
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the affected party including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage (each, a "Force Majeure Event").
The party suffering a Force Majeure Event shall give written notice to the other party of such event within a reasonable time after becoming aware of the occurrence of the Force Majeure Event, and such notice shall describe the Force Majeure Event. The party affected by the Force Majeure Event shall use reasonable efforts to mitigate the impact and remedy its inability to perform the obligations under this Agreement due to the Force Majeure Event.
If the Force Majeure Event prevents a party's performance for more than thirty (30) calendar days, then the other party may terminate this Agreement immediately by written notice to the affected party.
The occurrence of a Force Majeure Event does not relieve the Customer of its obligation to pay for the Services provided to the Customer prior to the Force Majeure Event. Fees for Services may be suspended during the Force Majeure Event.
In no event will either party be liable to the other, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement to the extent and for so long as such failure or delay is due to any Force Majeure Event.
Notices
All notices given by one party to the other must be in writing and sent by email. Notices to Magic PAges shall be sent to help@magicpages.com. Notices to the Customer shall be sent to the email address registered in the Customer's account.
Notices shall be deemed to be received upon confirmation of delivery by email. If deemed receipt is not within business hours, notice shall be deemed to be received at the start of the next business day.
Either party may change its contact details by giving seven (7) days' notice to the other party in accordance with this clause. Until such time as notice of any change has been properly given, notices will be sent to the last contact details notified.
Notices given under this Agreement must be in English or German.
Miscellaneous
This Agreement constitutes the entire agreement between the parties relating to its subject matter. No terms submitted by the Customer shall be incorporated into this Agreement unless agreed to in writing by Magic Pages.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
A waiver of any term or breach shall not be deemed a waiver of any other term or existing or future breach. A waiver shall not be enforceable unless made in writing and signed by an authorised representative of the waiving party.
This Agreement may only be amended by mutual written agreement of authorised representatives of the parties.
This Agreement is governed by the laws of Austria. The parties submit to the exclusive jurisdiction of the courts of Austria.