WEBSITE DEVELOPMENT TERMS & CONDITIONS

ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY.

THE INDIVIDUAL OR ENTITY ENTERING INTO A WEBSITE DEVELOPMENT AGREEMENT AGREES TO BE BOUND BY THE TERMS LAID OUT HERIN.

BEFORE COMMENCEMENT OF ANY PROJECT A 50% DEPOSIT OF THE QUOTED PRICE MUST BE PAID TO THE DEVELOPER AND UPON SATISFACTORY COMPLETION OF THE PROJECT THE BALANCE WILL BECOME DUE IMMEDIATELY. ON GOING PAYMENTS FOR WEBSITE HOSTING AND DOMAIN REGISTRATION MUST BE MADE ON TIME AND IN THE EVENT OF NON PAYMENT THE WEBSITE IN QUESTION WILL BE TAKEN OFFLINE UNTIL ALL PAYMENTS DUE ARE RECEIVED AND PROCESSED. NON PAYMENT OF REGISTRATION FEES FOR A DOMAIN NAME MAY RESULT IN IT'S LOSS. THIS MATTER IS OUT OF THE CONTROL OF A4MAGIC AND IN THE EVENT OF SUCH A OCCURRENCE WE WILL NOT BE HELD RESPONSILE FOR FEES INVOLVED IN ATTEMPTS TO RE-REGISTER ANY SUCH DOMAIN NAME.

THE WEBSITE DEVELOPMENT IS UNDERTAKEN ON AGREEMENT BASED ON PRELIMINARY FINDINGS OF THE NEEDS OF THE PURCHASER. NO GUARANTEES ARE PROVIDED AS TO THE FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SAID WEBSITE AND IN NO EVENT WILL THE DEVELOPER, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE PURCHASER FOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR ACCOMPANYING PRODUCTS (EMAIL, DATABASES ETC), EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE DEVELOPERS LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO DEVELOPER FOR THE PROJECT DEVELOPMENT.

From time to time the Developer may, in its sole discretion, advise the End-User of updates, upgrades, enhancements or improvements to the website and/or new releases of the software used to control the website (collectively, "Enhancements"), and may inform the purchaser of use of such Enhancements whereupon payment of prices as may or may not be determined by Developer from time to time as agreed with the Purchaser will become due. All such Enhancements to the Website provided to the Purchaser shall also be governed by the terms of this document.

Disputes

This development agreement shall be governed by, construed and enforced in accordance with the laws of the Northern Ireland, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate a4magic.com and/or its affiliates' intellectual property rights, a4magic.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the Northern Ireland, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Northern Ireland. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Northern Ireland. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If any provision of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this agreement will remain in full force and effect. Any notices or other communications to be sent to Developer must be mailed first class, postage prepaid, to a4magic.com.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded.

This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Developer.

The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.