Terms and Conditions

Last Updated: 2023-10-15

1. Introduction

Welcome to our Shopify Services Agency. These Terms and Conditions govern your access to and use of our services, including Shopify App Development, Custom Theme Design, Store Extensions, App Integration, and Ongoing Maintenance. By engaging with us, you agree to be bound by these Terms. If you do not agree, you should not use our services.

2. Definitions

'Agency', 'we', 'us', or 'our' refers to the Shopify service provider. 'Client', 'you', or 'your' refers to the individual or business entity entering into an agreement with us. 'Services' refers to all offerings including but not limited to Shopify app development, theme customization, API integrations, support, consulting, and digital solutions.

3. Scope of Services

We offer a range of services focused on the Shopify platform, including but not limited to: Custom Shopify App Development (public/private/custom apps), Theme Design & Customization, Third-party App Integration & API Configuration, Shopify Checkout Extensions & Cart Customizations, Ongoing Maintenance, Optimization & Technical Support. All services are delivered in accordance with an agreed project proposal, statement of work (SOW), or service agreement. We reserve the right to decline work that we consider to be out of scope, unethical, or in violation of Shopify's policies.

4. Client Obligations

You agree to provide all necessary access credentials, assets, content, and approvals required to execute the project in a timely manner. You are responsible for ensuring your store complies with Shopify's Acceptable Use Policy and terms. You must respond to communication promptly. Delays in feedback or approvals may impact timelines.

5. Fees, Payments & Refund Policy

All project fees will be outlined in a formal quote or agreement and are payable in USD unless otherwise agreed. We typically require a 50% upfront payment to commence work, with the remaining balance due upon milestone delivery or project completion. Late payments beyond 7 days of due date will attract a 1.5% monthly interest or the maximum allowed by law. Refunds are only applicable in cases of proven breach of agreement by us, and only after a reasonable effort to remedy has been made.

6. Intellectual Property Rights

Upon full payment, ownership of the final deliverables created under the engagement will be transferred to you, excluding any third-party code or libraries used. We retain the right to reuse non-client-specific code snippets, frameworks, or development tools in other projects. You grant us permission to display your project in our portfolio unless you request confidentiality in writing.

7. Confidentiality

Both parties agree to keep all confidential information strictly private and not disclose it to any third party without prior consent. This includes project strategies, login credentials, business plans, and proprietary information.

8. Warranties and Disclaimers

We warrant that the deliverables will be free from major defects and function substantially as described for a period of 30 days from delivery. We do not guarantee app approval by Shopify, performance of third-party systems, or the absence of all bugs. All services are provided 'as is' without further warranties or guarantees.

9. Limitation of Liability

To the fullest extent permitted by law, our total liability under this agreement shall not exceed the total amount you paid for the services rendered. We are not liable for indirect, incidental, or consequential damages including loss of profits or data.

10. Indemnification

Client agrees to indemnify us against claims arising from: Client's use of the Deliverables, Client's breach of these Terms, Client's violation of third-party rights or laws, Client's content or products. We will indemnify Client against claims that the Deliverables infringe third-party IP rights, provided we control the defense and settlement.

11. Termination & Suspension

You may terminate the agreement at any time by written notice, subject to payment for work completed to date. We may suspend or terminate work if you breach these Terms or fail to cooperate. In case of termination, any unpaid work will be invoiced and payable immediately.

12. Privacy & Data Protection

We will not share your personal or store data with third parties except as required to deliver services or as legally required. Our services may involve use of third-party APIs and apps. You are responsible for reviewing their privacy policies.

13. Third-Party Services

We may recommend or integrate third-party tools, apps, or services. We are not responsible for their availability, performance, or terms. You are solely responsible for compliance with Shopify's and any third-party terms.

14. Non-Solicitation

You agree not to solicit or hire our employees, contractors, or partners for a period of 12 months after the completion of a project.

15. Force Majeure

We are not liable for delays or failures caused by events outside our reasonable control, including natural disasters, government actions, internet outages, or labor disputes.

16. Governing Law & Dispute Resolution

These Terms shall be governed by and construed under the laws of [Your Country/State]. Disputes shall be resolved through negotiation, and if unresolved, through arbitration in [City, Country].

17. Updates to Terms

We may revise these Terms at any time. The updated version will be posted on our website and effective immediately. Your continued use of our services after such updates constitutes acceptance of the revised Terms.

18. Contact Information

For questions about these Terms, please contact us at: Email: <a href='mailto:hello@storehelps.com'>hello@storehelps.com</a>, Address: 600 E8th Street, Brooklyn NY 11218, Phone: <a href='tel:+12512303663'> +1 (251) 230-3663</a>