Terms and Conditions
Terms and Conditions
Magurano Limited's Terms and ConditionsDefinitions.
Please take your time to read these Terms and Conditions carefully as they form the basis of your contract with Magurano Limited. It is implicit that you have accepted the Terms and Conditions as laid out below when you submit your order to Magurano Limited. Client means the individual or entity that contract with Magurano Limited. Work means the project assigned to Magurano Limited.
General
These general terms and conditions apply to all legal relationships between Magurano Limited and the Client, and supersede any terms and conditions referred to, offered or relied on by the Client, unless Magurano Limited specifically approves the application of such terms in writing.
Quotations, conclusion of contracts
Quotations and estimates issued by Magurano Limited are free of obligation.
Magurano Limited may revoke quoted prices or terms of delivery if it has not had the opportunity to assess the entire project prior to issuing the quotation. The Client's oral or written acceptance of the quotation submitted by Magurano Limited or, if no quotation was submitted, written confirmation by Magurano Limited of an order placed by the Client shall constitute a contract.
Magurano Limited may consider as a Client any person or entity that has placed an order with Magurano Limited, unless said person or entity has explicitly stated that they are acting on behalf and at the expense of a third party, whose name and address they shall provide Magurano Limited on placing the order.
Agreements with and promises made by representatives or personnel of Magurano Limited shall not be binding unless confirmed by Magurano Limited in writing.
Any reasonable doubt on the part of Magurano Limited about the Client's ability to pay shall entitle Magurano Limited to require sufficient security from the Client before executing the order.
Term and date of delivery
Delivery dates are provisional, unless an explicit written agreement stipulates otherwise. Magurano Limited shall notify the Client immediately if it perceives that it will be unable to meet an agreed delivery date.
If a fixed delivery date is specifically provided for in writing and Magurano Limited fails to meet it for reasons other than matters beyond its control, and if the Client cannot reasonably be expected to brook any delay, the Client shall be entitled to cancel the contract. In such cases, however, Magurano Limited shall not be liable to pay any damages whatsoever.
Liability, indemnity
Magurano Limited shall not be liable for any damage whatsoever in respect of any inconsistency or ambiguity of service rendered. Magurano Limited shall under no circumstance be liable for other forms of damage, such as consequential damage, loss of profits or losses due to delays. Magurano Limited's liability shall never exceed the invoice amount of the project in question.
Ambiguity of the content provided by the client shall release Magurano Limited from any liability whatsoever.
The decision whether the use of a project produced by Magurano Limited entails any risk of injury or losses due to injury shall be entirely at the Client's expense and risk.
No liability whatsoever shall be incurred by Magurano Limited in respect of damage to or loss of documents, data or data carriers provided by the Client to facilitate the contract's execution. Nor shall any liability be incurred by Magurano Limited in respect of costs and/or damage incurred as a result of (a) the use of information technology and telecommunications media, (b) transport or dispatch of data or data carriers, or (c) the presence of computer viruses in any files or data carriers supplied by Magurano Limited.
Magurano Limited's liability shall never exceed the value of the quotation per event.
The Client shall indemnify Magurano Limited against any claims by third parties deriving from use of the service, barring any liability incurred by Magurano Limited by virtue of this clause.
Copyright
Barring explicit, written agreement to the contrary, the copyright to any work or material produced by Magurano Limited shall rest with the same.
The Client shall indemnify Magurano Limited against any and all claims by third parties in respect of alleged violation of property rights, patent rights, copyrights or other intellectual property rights relative to the execution of the contract.
Governing law & jurisdiction
This Agreement and any dispute arising out of this Agreement is governed by and shall be construed in accordance with the laws of United Kingdom. The parties hereto agree and submit that any matter, issues or all their disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of United Kingdom at London.