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