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ShopTechs

Terms of Service

Last updated: January 15, 2024

Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Shop Techs ("Company," "we," "us," or "our"), concerning your access to and use of the shoptechs.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Services

Shop Techs provides Shopify design, development, and consulting services. Our services include but are not limited to:

  • Shopify store design and development
  • Store migrations from other platforms
  • Theme customization
  • Custom app development
  • Performance optimization
  • Ongoing maintenance and support

    All services are provided according to the specific terms outlined in individual project agreements, statements of work, or service contracts between you and Shop Techs.

  • Intellectual Property Rights

    Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.

    Client Work
    Upon full payment for services rendered, clients will own the intellectual property rights to custom work created specifically for their projects, including custom themes, apps, and designs, unless otherwise specified in the project agreement.

    Pre-existing Materials
    We retain ownership of any pre-existing tools, frameworks, libraries, or materials that we use in delivering services to you.

    User Representations

    By using the Site, you represent and warrant that:

  • All information you submit will be true, accurate, current, and complete
  • You will maintain the accuracy of such information
  • You have the legal capacity and agree to comply with these Terms of Service
  • You are not a minor in the jurisdiction in which you reside
  • You will not access the Site through automated or non-human means
  • You will not use the Site for any illegal or unauthorized purpose
  • Your use of the Site will not violate any applicable law or regulation
  • Payment Terms

    Payment terms for our services are as follows:

    Project Work

  • A deposit is required before work commences, typically 50% of the project total
  • Remaining balance is due upon project completion
  • Custom payment schedules may be arranged for larger projects

    Retainer Services

  • Retainer fees are billed monthly in advance
  • Unused hours do not roll over unless otherwise agreed

    Late Payments

  • Invoices not paid within 30 days may incur a late fee of 1.5% per month
  • We reserve the right to suspend services for accounts more than 60 days past due

    All prices are in USD unless otherwise specified.

  • Project Deliverables

    Approval Process
  • All deliverables are subject to client approval
  • Clients have 14 days to review and request revisions
  • Deliverables not rejected within this period are considered approved

    Revisions

  • Project quotes include a specified number of revision rounds
  • Additional revisions beyond the included rounds may incur additional charges
  • Major scope changes require a change order with updated pricing

    Timelines

  • Project timelines are estimates based on timely client feedback
  • Delays in client feedback may extend project timelines
  • We are not responsible for delays caused by third-party services or platforms
  • Limitation of Liability

    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Our total liability to you for any claim arising out of or relating to these Terms of Service or our services shall not exceed the total amount you paid to us in the twelve (12) months preceding the claim.

    Indemnification

    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

  • Your use of the Site or services
  • Breach of these Terms of Service
  • Any breach of your representations and warranties
  • Your violation of the rights of a third party, including but not limited to intellectual property rights
  • Content you provide to us for use in your projects
  • Termination

    We may terminate or suspend your access to our Site and services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.

    Project Termination

  • Either party may terminate a project with 30 days written notice
  • Client is responsible for payment of work completed up to termination date
  • Any deposits paid are non-refundable unless otherwise agreed

    Upon termination, your right to use the Site will cease immediately.

  • Governing Law

    These Terms shall be governed by and defined following the laws of the State of Texas. Shop Techs and yourself irrevocably consent that the courts of Texas shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

    Contact Us

    If you have questions about these Terms of Service, please contact us at:

    Shop Techs
    123 Commerce Street, Suite 500
    Austin, TX 78701
    Email: legal@shoptechs.com