LEGAL

Terms & Conditions

These Terms & Conditions explain how Magic Three provides creative, digital, marketing, print, signage and production services. They form part of every quote or project agreement accepted by a client.

Please read them before accepting a quote, paying a deposit or asking us to begin work.

01. About Magic Three

Magic Three is the trading name of Przemek Mackaszwili, a sole trader operating in England and Wales.

In these Terms, “Magic Three”, “we”, “us” and “our” refer to Przemek Mackaszwili trading as Magic Three. “Client”, “you” and “your” refer to the person or organisation purchasing our services.

Website: https://magicthree.co.uk
Email: info@magicthree.co.uk

Address for legal correspondence: [BUSINESS ADDRESS TO BE ADDED]

02. Acceptance of Terms

These Terms apply to all services supplied by Magic Three unless different terms are expressly agreed in writing.

A contract is formed when you:

  • sign or otherwise accept a quote, proposal or project agreement;
  • confirm acceptance by email or another written communication;
  • pay a deposit or other requested payment; or
  • instruct us to begin work.

The contract consists of the accepted quote, proposal or project agreement, these Terms and any documents expressly incorporated into them.

If there is a conflict, the accepted quote or project agreement takes priority over these Terms for that specific project.

If you accept a contract on behalf of a company or other organisation, you confirm that you have authority to bind that organisation.

Nothing in these Terms limits any legal rights that cannot lawfully be excluded.

03. Enquiries, Quotes and Project Scope

Initial discussions, consultations and enquiries do not create an obligation for either party to proceed.

Our quote will describe the services, deliverables, price and any specific assumptions, exclusions or project stages. Only items expressly included in the accepted quote form part of the project.

Unless stated otherwise, a quote remains valid for the period shown on the quote. If no validity period is stated, it remains valid for 30 days.

Quotes are based on the information available when they are prepared. We may revise a quote if:

  • the information supplied by the Client was incomplete or inaccurate;
  • the requested scope changes;
  • additional work or technical requirements are identified;
  • site conditions differ materially from the information provided; or
  • third-party prices, delivery charges or production costs change before the order is confirmed.

Any estimates provided before the full scope is known are indicative and are not fixed-price commitments.

Services or deliverables not expressly included in the accepted scope will be treated as additional work.

04. Deposits and Payments

Prices are stated in pounds sterling unless agreed otherwise. Any applicable VAT, taxes, delivery charges or third-party costs will be shown on the quote or invoice where relevant.

The required deposit, payment stages and final balance will be set out in the quote or invoice. We are not required to reserve production time, begin work or place third-party orders until the required payment has cleared.

Deposits cover project scheduling, initial work, administration and commitments made to suppliers. For business clients, deposits are normally non-refundable once work has begun or project time and external costs have been committed. Any applicable consumer cancellation rights remain unaffected.

Invoices must be paid by the due date shown. If no due date is stated, payment is due within 14 calendar days of the invoice date.

For business-to-business contracts, we reserve the right to charge statutory interest and recovery costs on overdue amounts in accordance with applicable late-payment legislation.

We may suspend work, withhold production, delay launch or delivery, and withhold final or editable files while an invoice remains overdue.

Unless agreed otherwise, all outstanding invoices must be paid before:

  • final artwork or production files are released;
  • a website is transferred or launched;
  • intellectual property rights are assigned;
  • printed or manufactured products are delivered; or
  • third-party accounts or assets are transferred to the Client.

The Client must raise any genuine invoice query promptly and pay any undisputed portion by the original due date.

05. Project Start and Timelines

A project begins when:

  • the quote or project agreement has been accepted;
  • the required deposit has cleared;
  • the necessary content, measurements, access details and instructions have been supplied; and
  • any required technical or site checks have been completed.

Dates and timelines are estimates unless we expressly confirm in writing that a deadline is fixed.

The Client must provide feedback, approvals, content and access within the agreed time. Delays caused by the Client may extend the project schedule and affect previously reserved production or installation dates.

If the Client becomes unresponsive or fails to provide required materials, we may suspend the project and reschedule it according to our availability.

Where a project remains inactive for more than 30 days due to Client delay, we may invoice completed work and any committed costs. Restarting the project may require a revised timeline and an additional restart or administration charge, which will be confirmed before work resumes.

We are not responsible for delays caused by events outside our reasonable control, including supplier delays, platform outages, transport disruption, unsuitable weather, restricted site access, equipment failure, illness, industrial action or changes imposed by third-party services.

06 .Client Responsibilities

The Client is responsible for:

  • providing a clear, accurate and complete brief;
  • supplying content, files, measurements and access details on time;
  • appointing one authorised decision-maker where possible;
  • checking all content, names, prices, dates, contact details, dimensions and specifications;
  • obtaining permission to use supplied logos, photographs, video, music, fonts, text and other materials;
  • ensuring that supplied claims and advertising content are accurate and lawful;
  • obtaining any landlord, planning, building, location, model or other permissions required for the project;
  • maintaining appropriate backups of existing websites, systems and business data; and
  • reviewing and approving work within the agreed timescale.

The Client warrants that materials supplied to Magic Three may legally be used for the project and do not infringe another party’s intellectual property, privacy or other rights.

For business clients, the Client will be responsible for reasonable losses, claims and costs arising from unlawful or infringing materials or instructions supplied by the Client.

We may refuse to use content or follow instructions that we reasonably believe are unlawful, misleading, unsafe, discriminatory or infringe another party’s rights.

07. Revisions and Additional Work

The number and type of revisions included in the project will be stated in the quote or proposal.

A revision means a reasonable adjustment to work already created within the approved brief. It does not include:

  • a new concept or direction;
  • a change to the original brief;
  • additional pages, formats, sizes or deliverables;
  • rebuilding work that has already been approved;
  • changes required because incorrect information was supplied;
  • extensive content rewriting; or
  • work requested after final approval.

Feedback should be clear, complete and consolidated. Conflicting or fragmented instructions may result in additional work and delays.

Requests outside the agreed scope will be quoted separately or charged at an agreed hourly or project rate. We will seek written approval before carrying out chargeable additional work.

Unused revisions have no cash value and cannot be exchanged for other services.

08. Design Approval

The Client must carefully review all designs, artwork, proofs, layouts, copy, dimensions and technical specifications before approval.

Approval may be given by email, message, signed proof, project platform or another written method accepted by Magic Three.

Once approval is given:

  • the work is treated as accepted for the approved stage;
  • production, printing, publishing or installation may begin;
  • later changes may incur additional costs; and
  • Magic Three is not responsible for errors that were visible in the approved proof and should reasonably have been identified during checking.

This does not remove our responsibility where the final product materially differs from the approved proof because of an error made by Magic Three.

Screen colours are not a reliable guarantee of printed colour. Physical output may vary because of materials, lighting, inks, screens, printers and manufacturing processes. Exact colour matching, samples or specialist proofs must be agreed before production and may involve additional charges.

Printing, signage, packaging, displays, clothing and other physical products may be manufactured or fulfilled by specialist third-party suppliers.

Reasonable commercial and manufacturing tolerances may apply to colour, quantity, dimensions, positioning, materials and finishing. Small variations that fall within normal industry tolerances will not normally be treated as defects.

The Client must confirm all quantities, sizes, materials, finishes, artwork and delivery details before an order is placed.

Once bespoke or personalised production has been ordered, it may not be possible to cancel, change or refund the order. The Client remains responsible for supplier costs already committed.

For signage and installation projects, the Client is responsible for:

  • providing safe and unobstructed access;
  • confirming accurate site measurements unless measurement is included in our scope;
  • identifying concealed cables, pipes, structural issues and other hazards;
  • obtaining landlord, planning or other permissions;
  • ensuring that the installation surface or structure is suitable; and
  • informing us of site restrictions, working hours and access requirements.

Additional visits, waiting time, parking, access equipment, permits, remedial work or aborted installation caused by incorrect information or unavailable access may be charged separately.

Installation may be postponed where weather or site conditions make the work unsafe or likely to affect quality.

Business clients should inspect physical goods promptly and report visible damage, shortages or production errors as soon as reasonably possible, supported by photographs where appropriate.

Where Magic Three is responsible for a genuine production or installation defect, we will assess the issue and provide an appropriate remedy, which may include correction, repair, replacement or reinstallation. Consumer statutory rights remain unaffected.

Title to physical goods remains with Magic Three until all sums due for those goods have been paid in full. Risk passes to the Client on delivery or collection.

10. Website and Digital Services

Website and digital projects will be developed according to the functionality and specification stated in the accepted quote.

Unless expressly included, the following are not part of the project:

  • ongoing website maintenance;
  • content entry beyond the agreed amount;
  • paid software, plugins, fonts or stock materials;
  • hosting, domain or email renewals;
  • advanced accessibility auditing;
  • specialist legal or regulatory compliance;
  • cybersecurity monitoring;
  • search engine optimisation beyond the agreed scope; or
  • future compatibility with software or platforms released after completion.

We aim to provide reasonable compatibility with current mainstream browsers and devices at the time of delivery. We cannot guarantee identical display or operation across every device, browser, operating system or future software version.

Third-party platforms, hosting providers, plugins, payment services, social networks and APIs operate under their own terms. Their availability, pricing and functionality may change outside our control.

The Client is responsible for ongoing renewals, backups, security updates and maintenance after handover unless an ongoing service has been purchased from Magic Three.

Any support or correction period will be stated in the quote. A correction covers a failure to match the agreed specification; it does not include new features, content changes, third-party changes or problems caused by Client or third-party modifications.

Search engine rankings, advertising results, audience growth, enquiries, revenue and other commercial outcomes cannot be guaranteed.

11. Intellectual Property and Ownership

The Client retains ownership of materials supplied to Magic Three.

Magic Three retains ownership of:

  • preliminary concepts and rejected designs;
  • working methods, templates, systems and processes;
  • reusable code, tools and components;
  • internal working files;
  • pre-existing intellectual property;
  • raw photographs, raw video and unedited source materials unless included in the quote; and
  • materials owned or licensed by third parties.

Until all project invoices are paid in full, all rights in work created by Magic Three remain with Magic Three and the Client may not use, reproduce, publish or modify that work except for internal review.

After full payment, the Client receives the rights expressly stated in the accepted quote.

Unless the quote states otherwise, Magic Three assigns to the Client the copyright we own in the final approved bespoke deliverables created specifically for the Client, excluding the reserved materials and third-party materials listed above. We will provide reasonable written confirmation of that assignment if required.

Third-party assets—including fonts, plugins, stock images, music, software and templates—remain subject to their original licence terms. The Client is responsible for complying with those licences and for any future renewal fees.

Editable, layered, source, production or raw files are supplied only where expressly included in the quote.

The Client may not use rejected concepts or unpaid work.

12. Portfolio and Promotional Use

Unless otherwise agreed in writing, Magic Three may display completed and publicly released work in its portfolio, website, social media, awards submissions, presentations and marketing materials.

This may include the Client’s business name, logo, project description and images of the completed work.

We will not intentionally publish confidential information, private customer data, passwords, unpublished commercial information or internal project materials.

If the project is confidential or subject to a non-disclosure agreement, this must be agreed in writing before work begins.

13. Cancellations and Refunds

A cancellation must be submitted in writing.

If a business client cancels a project, the Client must pay for:

  • work completed up to the cancellation date;
  • project time already reserved or committed where reasonably applicable;
  • approved additional work;
  • non-cancellable supplier and third-party costs; and
  • any physical goods already ordered or produced.

Payments already made will be credited against these amounts. Where the amount due exceeds payments received, we will issue a final invoice.

Refunds are not available for approved work, completed services, downloaded or transferred digital deliverables, or bespoke goods except where required by law or where Magic Three has failed to provide the agreed service.

Consumer cancellation rights

If you are acting wholly or mainly outside your trade, business, craft or profession, you may be a consumer and may have additional statutory rights.

For qualifying distance or off-premises service contracts, a consumer will normally have 14 days from the day after the contract is made to cancel.

If a consumer asks us to begin work during that cancellation period, we will request express confirmation. If the consumer later cancels, they may be required to pay a proportionate amount for work supplied before cancellation.

The right to cancel may end once the service has been fully performed where the consumer expressly requested early performance and acknowledged that the cancellation right would be lost on completion.

The statutory cancellation right does not normally apply to goods made to the consumer’s specifications or clearly personalised goods. This does not affect rights relating to faulty, misdescribed or unsatisfactory goods or services.

Nothing in this section removes any mandatory consumer rights.

14. Project Suspension or Termination

We may suspend work or terminate a project if:

  • an invoice remains overdue;
  • the Client repeatedly fails to provide instructions, access, content or approvals;
  • the Client materially changes the scope without agreeing revised costs;
  • continuing the work would be unlawful, unsafe or likely to infringe another party’s rights;
  • the Client behaves in a threatening, abusive or seriously inappropriate manner; or
  • either party commits a material breach and, where the breach can be corrected, fails to correct it within a reasonable period after written notice.

On suspension or termination:

  • work already completed and committed costs become payable;
  • project dates and reserved production slots may be released;
  • no intellectual property rights transfer until all applicable invoices are paid;
  • outstanding physical or digital deliverables may be withheld; and
  • any later restart will depend on availability and may require a revised quote.

Termination does not affect rights or payment obligations that arose before termination.

15. Warranties and Liability

Magic Three will perform its services with reasonable care and skill.

We do not guarantee a particular commercial result, including increased sales, enquiries, traffic, rankings, engagement, funding, approvals or profitability.

The Client remains responsible for business decisions and for reviewing the suitability, legality and accuracy of final deliverables before using them.

For business clients, to the fullest extent permitted by law:

  • Magic Three is not liable for indirect or consequential loss;
  • Magic Three is not liable for loss of profit, revenue, business, opportunity, anticipated savings, goodwill or data;
  • Magic Three is not liable for problems caused by Client instructions, supplied materials, unauthorised changes or third-party services; and
  • our total aggregate liability arising from a project will not exceed the total fees paid or payable to Magic Three for the affected project.

Nothing in these Terms excludes or limits liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation;
  • deliberate misconduct; or
  • any other liability that cannot lawfully be excluded or limited.

For consumers, these limitations apply only to the extent permitted by consumer law and do not restrict mandatory statutory remedies.

Neither party will be liable for delay or failure caused by events outside its reasonable control, provided the affected party takes reasonable steps to reduce the impact.

16. Third-Party Services

We may use third-party suppliers, contractors, platforms and software where reasonably required to deliver the project.

Third-party services are subject to their own availability, licences, terms, technical limitations and pricing. Magic Three does not control changes made by those providers.

Where a third-party service is registered directly in the Client’s name, the Client is responsible for its account, payments, renewals, security and compliance with the provider’s terms.

If a third-party product becomes unavailable or materially changes, we will discuss reasonable alternatives. Replacement, migration or redevelopment work may be charged separately where it falls outside the original scope.

We are not responsible for third-party outages, suspensions, policy decisions or data loss that occur outside our reasonable control.

17. Confidentiality and Data Protection

Each party will take reasonable care to protect confidential information received from the other and will use it only for the project or as required by law.

Confidentiality does not apply to information that:

  • is already publicly available through no breach of these Terms;
  • was lawfully known before disclosure;
  • is received lawfully from another source; or
  • must be disclosed by law or a competent authority.

Personal data is handled in accordance with our Privacy Policy:

https://magicthree.co.uk/privacy-policy/

Where Magic Three processes personal data on the Client’s behalf, the parties will agree any additional data-processing terms required by law.

The Client must ensure that personal data supplied to Magic Three has been collected and shared lawfully.

18. Governing Law and Jurisdictio

These Terms and every contract with Magic Three are governed by the laws of England and Wales.

The parties should first try to resolve any dispute through direct written communication and good-faith negotiation.

For business clients, the courts of England and Wales will have exclusive jurisdiction unless the parties agree otherwise in writing.

Consumers retain any right to bring proceedings in another court where applicable consumer law permits.

19. Changes to These Terms

We may update these Terms to reflect legal, operational or service changes.

The version applying to a project is normally the version provided or made available when the contract was accepted. Updated website Terms will not retrospectively change an existing fixed project unless:

  • both parties agree in writing; or
  • a change is required by law.

Any project-specific variation must be agreed in writing.

If any provision is found invalid or unenforceable, the remaining provisions will continue to apply.

A failure or delay in enforcing a right does not waive that right.

No person other than the Client and Magic Three has the right to enforce the contract unless expressly agreed in writing.

20. Contact Details

If you have questions about these Terms, a project or a cancellation, please contact:

Magic Three
Przemek Mackaszwili, Sole Trader
Email: info@magicthree.co.uk
Address for legal correspondence:[BUSINESS ADDRESS TO BE ADDED]
Website: https://magicthree.co.uk