Terms of services

1. General Terms

By using any Magenest Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Services”).

As used in these Terms of Services,

  • “We”, “us”, “our” and “Magenest” means the applicable Magenest Contracting Party. 
  • “You” means the individual or business that currently using Magenest Services. This is defined as those who have established a contractual relationship with our organization, and for whom the contractual terms remain valid and in effect.

2. Magenest Services

Magenest services refer to all the services that Magenest provides, which include primary services and additional services.

2.1. Primary services

Magenest provides 3 main services:

2.1.1. eCommerce Website Development Service

What service is this?

eCommerce Website Development services focus on creating, optimizing, and maintaining high-quality, robust eCommerce platforms. The service offers end-to-end eCommerce development solutions designed for both B2C and B2B markets. It includes creating online stores with exceptional UI/UX design, platform migration, native mobile app development, regular audits and maintenance, third-party system integration, B2B commerce solutions, and advanced hosting services. Additionally, the service specializes in Progressive Web App (PWA) and headless development to offer flexible, future-proof online stores. This service is based on various platforms like Magento, Shopify, Odoo, HTML5, and mobile platforms such as Android and iOS. This service aims to build and maintain high-performing, secure, and scalable eCommerce websites that meet the evolving needs of your businesses and customers. 

What is the process of our eCommerce Website Development services?

Our process is both systematic and centered around the client’s specific needs. Initially, it begins with identifying the specific business requirements, where the team actively engages with clients to understand the precise scope and requirements of the project. Following this, a strategy consultancy phase occurs, developing an optimal business strategy tailored to the confirmed project scope. Once the strategy is in place, a detailed action plan is completed, finalizing the project’s plan, timeline, and scope of work, all in agreement with the client.

The next phase involves UX research and website design prototyping, where targeted customer groups are mapped out, and wireframes, mockups, and prototypes are produced accordingly. With a solid design in place, website development and integration commence, building the site based on verified prototypes and integrating necessary systems for a seamless operation. Quality assurance is a critical step, involving rigorous testing to identify and fix any potential issues, ensuring the website operates flawlessly.

Once everything is deemed perfect, the go-live and handover phase starts, deploying the store and transferring all systems to the client, ensuring you are fully satisfied with the outcome. Finally, the process concludes with maintenance and support, providing a warranty period for the developed projects and offering multiple training sessions for the client’s team to ensure you are well-equipped to manage the new system. This thorough, client-focused approach ensures that the end product is not only technically sound but also aligns perfectly with the client’s business goals and user needs.

For a better visualization of our eCommerce Website Development service, click here.

2.1.2. UI Design Service

What service is this?

The eCommerce UI design service provided by Magenest (or UI design) specializes in developing digital experiences with a conversion optimization mindset, ensuring that every aspect of the website’s design fosters trust and encourages users to complete their purchases. The service helps clients convey their unique selling propositions clearly and guides users through an optimal buying journey with well-placed design elements and calls to action. This is aimed at maximizing the conversion rate and ensuring that the first impressions are strong enough to keep potential customers engaged.

What is the process of our UI design service?

The process is a comprehensive approach to UI design, involving several key steps:

  • Planning: Drafting optimal customer journeys for different user groups and finalizing the specific paths intended for the website.
  • Business Analysis: Engaging in meaningful discussions with the client to understand their business goals, company, and requirements, which forms the basis for the visual identity and main page designs.
  • Creation: Transforming ideas into reality through a systematic process that includes creating design screens, style guides, and interactive prototypes. This phase involves close collaboration with the client for approvals and adjustments to ensure the designs meet their needs and expectations.
  • Workflow: A 5-step approach starts from establishing the general visual identity to delivering unique and effective user interfaces. This includes defining customer groups, drafting customer journeys, collaborating on look and functionality, and finally, testing and validating the solutions with interactive prototypes.

For a better visualization of our UI design service, click here.

2.1.3. ERP Service

What service is this?

Magenest offers an ERP (Enterprise Resource Planning) development service, specifically based on the Odoo platform, known for its comprehensive and integrated business management solutions aimed at enhancing performance and optimizing resources. The service is designed to support businesses in various aspects, from analysis and advisory to implementation, customization, integration, and ongoing maintenance.

What is the process of our ERP service?

For clients, this service provides a bespoke approach to improve their business operations. Initially, the advisory phase involves consultants analyzing the current state of the client’s business to recommend the best-fit Odoo ERP solutions for growth and efficiency. Following this, the implementation phase sees Magenest delivering high-quality, appropriate solutions tailored to the company’s specific procedures, all executed promptly to minimize disruption and maximize efficiency.

Furthermore, the service offers customization and integration, whereas Magenest provides tailored solutions to meet the unique needs of the business. This includes the development of new features and the seamless integration of third-party applications to enhance the ERP system’s functionality and compatibility with existing processes. Finally, the service includes a maintenance and support phase, where Magenest offers dedicated support for system maintenance and assists in the onboarding of the client’s in-house team, ensuring they can operate the system smoothly and effectively.

For more information about our ERP development service, click here.

2.2. Additional services

Magenest can provide additional services, which include but are not limited to the following: 

2.2.1. Cloud Service

Magenest’s Cloud Service is based on the Amazon Web Services (AWS) platform, specifically tailored for deploying different systems such as eCommerce websites, web platforms, ERP hosting, and business applications. As an AWS Select Partner with certifications of AWS Cloud Practitioner and AWS Architect, Magenest leverages efficient architecture and cost-effective services to provide a comprehensive suite of cloud solutions.

2.2.2. CRM Service

Magenest offers a Customer Relationship Management (CRM) service based on the HubSpot platform. This service is designed to optimize and enhance the CRM capabilities of businesses through a series of strategic and technical solutions. It helps clients by thoroughly setting up, customizing, and maintaining their CRM system to enhance their customer relationship management and sales processes. It includes strategic onboarding, sales enablement, marketing automation, and extensive integration capabilities, all aimed at empowering businesses to close more deals, drive revenue, and ultimately achieve greater success. The process is tailored to the specific needs of the client, ensuring a personalized and effective CRM solution.

2.2.3. SEO Service

Magenest’s Search Engine Optimization (SEO) Service is aimed at maximizing the online visibility and profitability of eCommerce stores. By conducting thorough audits, implementing keyword and market research, and optimizing website content and technical aspects, the service boosts website traffic, enhances user experience, and improves brand credibility at a cost-effective rate. Additionally, it provides a warranty and maintenance, including training for the client’s marketing team, ensuring a sustained, competitive online presence and a clear understanding of customized SEO strategies.

2.2.4. Support Service

Magenest’s Support Service provides clients with expert assistance in managing and troubleshooting their software and applications. The service encompasses professional advice from experienced supporters, real-time support for minor issues via chat box, and precise & timely bug fixing. With a commitment to resolving problems within 48 hours or sooner, this service ensures that clients can optimize the functionality of their software extensions with confidence and efficiency.

3. User Obligations

  • Users must adhere to all contractual agreements with Magenest, including payment terms and service-specific terms and conditions.
  • Users are obligated to use Magenest services for lawful purposes and must not engage in any illegal activities while using the services.
  • Users must respect intellectual property rights, including copyrights, trademarks, and patents when using Magenest services. Unauthorized use or distribution of copyrighted materials is prohibited.
  • Users are responsible for maintaining the confidentiality and security of their account credentials, ensuring that unauthorized access to their account does not occur.
  • Users must not engage in any actions that disrupt the functionality of Magenest services or interfere with the experiences of other users.
  • Users are prohibited from engaging in any form of harassment, bullying, or harmful behavior towards other users, Magenest employees, or third parties.
  • Users must comply with data protection laws and regulations applicable to their use of Magenest services, including protecting sensitive customer information.
  • Users should promptly report any violations of these terms of services or suspicious activities to Magenest for investigation.
  • Users must not attempt to gain unauthorized access to Magenest’s systems, networks, or databases.
  • Users should refrain from posting or sharing content that is offensive, defamatory, discriminatory, or violates any laws or regulations.
  • Users are expected to cooperate with Magenest in resolving any issues or disputes related to the use of their services.
  • Users should maintain a professional and respectful demeanor when interacting with Magenest’s employees and partners.
  • Users are responsible for keeping up-to-date with any changes or updates to these terms of services and complying with them.

Magenest reserves the right to terminate services for users who violate these obligations and conduct guidelines. Users are encouraged to familiarize themselves with Magenest’s guidelines and resources to ensure responsible and effective use of their services.

4. Intellectual Property Rights

Intellectual Property Rights

Magenest retains full ownership of all intellectual property rights associated with its materials and content, including but not limited to software, designs, logos, trademarks, text, graphics, and any other proprietary information.

Magenest grants users a limited, non-exclusive, non-transferable, and revocable license to access and use its services and associated materials, subject to compliance with the terms of services.

Restrictions on Users’ Rights

Users are prohibited from:

  • Copying, reproducing, or distributing Magenest’s materials and content without prior written consent.
  • Reverse engineering, decompiling, or disassembling any software or code provided by Magenest.
  • Using Magenest’s materials and content for any illegal or unauthorized purposes.
  • Modifying, altering, or creating derivative works from Magenest’s materials and content.
  • Removing or altering any copyright notices, trademarks, or other proprietary identifiers from Magenest’s materials and content.
  • Engaging in any activity that infringes upon Magenest’s intellectual property rights or violates applicable laws and regulations.

Any rights granted to users are conditional upon their compliance with these restrictions and the terms of services. Violation of these restrictions may result in the termination of access to Magenest’s services and legal actions as deemed necessary by Magenest.

5. Privacy and Data Protection

For detailed information regarding our privacy practices and data protection policies, review our Privacy Policy page. The Privacy Policy outlines how we collect, use, disclose, and protect your personal information when you use our services. Your use of our services constitutes acceptance of our Privacy Policy.

6. Third-Party Services and Content Disclaimer

Magenest’s services may include links, integrations, or access to third-party services, applications, or content that are not owned or controlled by Magenest. We hereby disclaim any responsibility or liability for the availability, accuracy, legality, or functionality of such third-party services or content. Your use of third-party services and content is at your own risk, and you should review and adhere to their respective terms of services and privacy policies.

Users are solely responsible for any interactions, transactions, or engagements with third-party services or content accessed through Magenest’s services. This includes but is not limited to, making informed decisions about the use of third-party services, understanding their terms and conditions, and safeguarding any data or information shared with them. 

Magenest will try our best to inform you about the matter. But we do not endorse or warrant the quality, safety, or suitability of third-party services or content, and we shall not be liable for any damages, losses, or disputes arising from your interactions with third-party services or content.

We encourage users to exercise caution and conduct due diligence when engaging with third-party services or content linked or integrated with our services. If you have concerns or encounter issues with third-party services, please contact the third-party service provider directly for resolution.

By using Magenest’s services, you acknowledge and agree to the above disclaimer and responsibilities when interacting with third-party services and content.

7. Feedback and Reviews

Magenest welcomes any ideas, suggestions, or feedback regarding improvements or additions to the Services. When you submit any idea, suggestion, or related material, or any review of the Services, Third-Party Services, or any Third-Party Provider (collectively, “Feedback”) to Magenest, you acknowledge that your submissions are not confidential and you expect no compensation. By providing Feedback to Magenest, whether directly or through a Magenest’s forum or page, you relinquish any rights in the Feedback. Magenest is free to use and implement the Feedback as provided or as modified without seeking further permission or agreement from you or any third party.

Any reviews you submit regarding a Third-Party Service or Third-Party Provider must be truthful and not violate any laws. Your reviews should not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise harmful to third parties or objectionable. While Magenest reserves the right to remove or edit such Feedback, it does not regularly review posted Feedback.

8. Warranty and Liability Disclaimer

Magenest provides updates and support services under the terms outlined in our mutual written contract. We only accept support requests from customers who have an active and valid support contract with us.

All support requests need to be submitted through one of the following: 

We commit to responding to these requests within 2 business days. We do provide live support, including real-time assistance and interactions, which will be available during our business hours, which are from 8:30 AM to 5:30 PM (GMT+7), Monday to Friday (except holidays). Please note that support tickets received over the weekend will be processed when we return to the office next Monday (GMT+7). We appreciate your understanding regarding weekend support processing times.

Our support services encompass answering questions related to our products & services and addressing any bugs or errors to ensure that our products & services function as described in our demo.

Magenest retains the right to refuse support in cases where it is deemed necessary, and we also reserve the right to refuse support in refunded cases.

9. Limitation of Liability and Indemnification

Limitation of Liability

Magenest shall not be held responsible for any damages, losses, or legal actions that may arise if you, as a user, violate the law, contravene this agreement, or infringe upon the rights of third parties. The Services provided by Magenest are offered on an “as is” and “as available” basis.

Indemnification

By using our services, you agree to indemnify and hold Magenest (includes our officers, directors, employees, agents, and affiliates) harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) that may arise from your use of our services, your violation of this agreement, or any third-party rights infringement. In the event that a customer causes damage to Magenest during the process of using the service, the customer is responsible for compensation. Magenest reserves the right to refuse to provide products or services to the customer in such cases.

10. Termination and Suspension

Magenest reserves the right to terminate or suspend a user’s access to our services if the user is found to be in breach of any contractual obligations, including failure to adhere to the terms and conditions of the service agreement.

Users’ access may be terminated or suspended if they engage in activities that violate our policies, including but not limited to the terms of services, acceptable use policies, or any other guidelines provided by Magenest.

Failure to make timely payments for services rendered, as specified in the contract, may result in the suspension or termination of a user’s access to the services.

If a user is found to have engaged in unauthorized access, misuse, or unauthorized distribution of Magenest’s services, software, or content, their access may be terminated or suspended.

Magenest may suspend or terminate a user’s access to services to comply with legal obligations, court orders, or law enforcement requests.

Users’ access may be terminated or suspended if they infringe upon the intellectual property rights or violate the rights of third parties while using Magenest’s services.

11. Miscellaneous

Severability: If any provision of this agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the extent permitted by law. The parties agree to replace the invalid provision with a valid provision that most closely aligns with the intent of the original provision.

No Waiver: The failure of either party to enforce any rights or provisions of this agreement shall not constitute a waiver of such rights or provisions. Any waiver of rights or provisions must be in writing and signed by both parties to be considered valid.

Assignment: Users may not assign or transfer their rights and obligations under this agreement to any third party without the prior written consent of Magenest. Magenest reserves the right to assign or transfer its rights and obligations under this agreement without the user’s consent, provided that such assignment or transfer does not materially affect the user’s rights.

Entire Agreement: This agreement, including any attached exhibits or documents referenced herein, constitutes the entire agreement between the user and Magenest regarding the subject discussed herein. It supersedes all prior or contemporaneous agreements, understandings, representations, and discussions, whether oral or written.

12. Modifications to Terms and Services

Magenest will make reasonable efforts to notify users of any changes to the Terms of Services (ToS). Notification may occur through one or more of the following methods:

  1. Email Notification: Magenest may email users’ registered email addresses to inform them of changes to the ToS.
  1. Website Announcement: Magenest may post a notice on its website or within the user’s account dashboard to alert users to updated terms.

Users are responsible for regularly reviewing the ToS and related policies to stay informed of any updates or modifications. Continued use of Magenest’s services after changes to the ToS have been implemented indicates acceptance of the revised terms.

13. Effective Date

This updated version of Magenest’s terms of services is effective from 20/01/2024

14. Contact Information

If you have any questions, please contact us at: 

Email: sales@magenest.com 

Website: https://magenest.com/

Magenest’s phone number:

HN: (+84) 96-295-5486

HCMC: (+84)96-683-5489

GLOBAL: (+84) 97-668-2295

 

Magenest’s addresses

HANOI: 4th Floor, GP Invest Building, 170 De La Thanh O Cho Dua, Dong Da, Hanoi 100000

HO CHI MINH CITY: 2nd Floor, D-eyes, 371 Nguyen Kiem Go Vap, HCMC 700000

HAIPHONG: 55 Dang Ma La Street Kenh Duong, Le Chan, Haiphong 180000