Terms & Conditions

Last updated

1. Introduction

These Terms & Conditions (“Terms”) govern your access to and use of the website at theshopifyworkshop.com (the “Website”) and any design, development, marketing, consultancy, support or related services (the “Services”) provided by The Shopify Workshop (“we”, “us”, “our”, or the “Company”). By using the Website, requesting a quote or engaging us for any Services, you (“you”, “your”, or the “Client”) agree to these Terms. If you do not agree with any part of them, please do not use the Website or our Services.

Our Services are provided to businesses. If you are a consumer, nothing in these Terms affects your statutory rights. These Terms should be read together with our Privacy Policy.

2. Definitions

  • “Agreement” means these Terms together with any accepted proposal, quotation or statement of work.
  • “Deliverables” means the websites, themes, apps, code, designs, content or other materials we create for you under a project.
  • “Proposal” means the written scope, timeline and pricing we provide for a specific project or retainer.
  • “Third-Party Services” means platforms, apps, plugins, hosting, advertising platforms or tools we do not own, including Shopify.

3. Our Services

We provide Shopify and ecommerce, web and mobile app development, custom software, design, digital marketing, hosting and support services. The exact scope of each engagement is set out in its Proposal.

We may decline or stop work where a request is unlawful, unethical or outside our expertise.

4. Quotes, Proposals & Project Scope

Quotes and Proposals are valid for thirty (30) days from the date of issue unless stated otherwise. Work begins once you have accepted the Proposal in writing and paid any required deposit.

The Proposal defines the agreed scope. Anything outside it (a “Change Request”) is additional work: we will quote it separately, and agree any effect on the timeline, before we proceed.

5. Fees, Payment & Deposits

Fees for each project are set out in its Proposal. Unless agreed otherwise:

  • A non-refundable deposit is payable before work begins.
  • The balance is due according to the payment schedule in the Proposal (for example, on milestones or before launch).
  • Invoices are payable within the period stated on the invoice, or within 14 days if none is stated. Late payments may incur interest, and we may pause work until the account is up to date.
  • Fees exclude any applicable taxes, which are added where the law requires.

We may withhold final Deliverables, source files or launch until all invoices are paid in full.

6. Client Responsibilities

To help us deliver on time, you agree to:

  • Provide accurate information and all required content, images, brand assets and access promptly.
  • Give us the access we need to your Shopify store, hosting, domain or other accounts.
  • Review work and respond to requests for feedback or approval within a reasonable time.
  • Make sure anything you supply is yours to use and does not infringe anyone else’s rights.

Delays caused by late feedback, missing content or restricted access may extend the timeline.

7. Accounts, Hosting & Access

Wherever possible, the platforms your project runs on — your Shopify store, domain, hosting, app subscriptions and advertising accounts — should be registered in your name and paid for by you. They belong to you; we work through the collaborator or staff access you give us, and you can remove it at any time. We are not responsible for losses caused by a platform suspending or changing an account, or for fees charged by Third-Party Services.

8. Project Timelines & Delays

Timelines are good-faith estimates based on the agreed scope and your timely cooperation. We are not responsible for delays outside our reasonable control, including late responses, Third-Party Service issues or changes to the scope.

9. Revisions & Approvals

Each Proposal states how many rounds of revisions are included; further revisions may be charged. Once you approve a design, milestone or Deliverable in writing, later changes may be treated as a Change Request.

10. Testing, Acceptance & Launch

We test Deliverables on the browsers and devices agreed in the Proposal before handing them over. You then have ten (10) business days to review each delivery and tell us about anything that does not match the agreed scope. A delivery is accepted when you approve it, when that review period ends without such feedback, or when it is used publicly (for example, launched), whichever comes first.

11. Post-Launch Support & Warranty

For thirty (30) days after launch, we fix defects in our own work — anything that does not work as specified in the Proposal — at no extra cost. This does not cover changes made by you or others, updates to Shopify or other Third-Party Services, third-party apps or themes, or new requests. Ongoing maintenance and support are available under a separate plan.

12. Retainers & Ongoing Services

Monthly support, maintenance and marketing retainers continue month to month unless the Proposal sets a minimum term, and either party may end them with thirty (30) days’ written notice. Unused retainer hours do not carry over to the next month unless we agree otherwise in writing.

13. Advertising & Marketing Services

Advertising budgets for platforms such as Google, Meta and TikTok are paid by you directly to those platforms and are separate from our fees. Platforms control ad approval, delivery and account decisions, and their results are never guaranteed. You are responsible for the claims made about your products and for having the rights to the materials used in your campaigns.

14. Intellectual Property & Ownership

Until full payment is received, all Deliverables and the intellectual property in them remain ours. Once you have paid in full, ownership of the custom code, designs and assets created specifically for you passes to you, except for:

  • Third-party components, libraries, frameworks, fonts or stock assets, which remain subject to their own licences.
  • Our pre-existing tools, know-how and reusable code, which you receive a non-exclusive licence to use as part of your Deliverables.

We may show completed work in our portfolio, case studies and marketing, unless you ask us not to in writing or the project is confidential or white-label.

15. Third-Party Services & Materials

Our Services often rely on Third-Party Services such as Shopify, apps, themes, payment gateways and hosting. We are not responsible for their availability, performance, pricing, security or policies. Your use of them is governed by their own terms, and any fees they charge are yours to pay.

16. Confidentiality

Both parties will keep confidential any non-public business, technical or financial information shared during an engagement and use it only to deliver the Services. This continues after the engagement ends. We are happy to sign your non-disclosure agreement.

17. Data Protection

Each party will comply with the data protection laws that apply to it. Where we handle personal data on your behalf — for example, your customers’ data in your store — we act as your processor, only on your instructions, and will sign a data processing agreement on request. You remain responsible for your own business’s legal obligations, including your store’s privacy policy, cookie consent, terms, and product and tax compliance. Our Privacy Policy explains how we handle personal data for our own purposes.

18. Use of AI Tools

We may use AI-assisted tools to help with tasks such as coding, testing and drafting. Our team reviews everything before it is delivered, and we do not put your confidential information or personal data into public AI tools that use it for training.

19. Subcontractors & White-Label Work

We may involve trusted subcontractors or partners for specialist work. They are bound by confidentiality, and we remain responsible for their work.

When we deliver a project for an agency partner, the partner is our Client under these Terms. We will not name or publish the work, or contact the partner’s own client directly, without the partner’s written permission.

20. Warranties & Disclaimers

We will perform the Services with reasonable skill and care. Except as expressly stated in these Terms, the Website and Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement.

We do not warrant that the Website or any Deliverable will be uninterrupted, error-free or free from vulnerabilities, or that any particular results, rankings, traffic or sales will be achieved.

21. Limitation of Liability

To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill arising from your use of the Website or Services. Our total liability arising from any engagement will not exceed the total fees you paid for the specific Services giving rise to the claim.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law.

22. Indemnification

You agree to indemnify the Company, its owners, employees and contractors against claims, damages, losses and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Deliverables, or any content or materials you provide to us.

23. Cancellation & Refunds

Either party may end a project by written notice. If you cancel after work has begun, you pay for all work completed up to the cancellation date. Deposits and payments for completed work are non-refundable; any refund of unused prepaid amounts is at our reasonable discretion.

24. Non-Solicitation

While we work together and for twelve (12) months afterwards, neither party will directly hire or engage any member of the other’s team who worked on the project without the other’s written consent.

25. Acceptable Use of the Website

When using the Website, you agree not to:

  • Use it for any unlawful, fraudulent or harmful purpose.
  • Try to gain unauthorised access to, interfere with or disrupt the Website or its servers.
  • Copy, reproduce or redistribute its content without our written permission.
  • Send viruses, malware or other malicious code, or automated or spam submissions through its forms.

26. Links to Third-Party Websites

The Website may link to external sites we do not control. We are not responsible for their content, accuracy or practices, and a link does not mean we endorse them.

27. Termination

We may suspend or end your access to the Website or Services if you breach these Terms. Provisions that by their nature should survive — including payment, intellectual property, confidentiality, data protection, disclaimers, limitation of liability, indemnification and non-solicitation — continue to apply.

28. Force Majeure

Neither party is liable for a failure or delay caused by events beyond its reasonable control, including natural disasters, power or internet outages, cyber-attacks, changes in law or failures of Third-Party Services. Payment obligations for work already done are not affected.

29. Dispute Resolution

If a dispute arises, both parties will first try to settle it through good-faith discussion between senior representatives within thirty (30) days before starting any formal proceedings.

30. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of [insert country/jurisdiction], and the courts of [insert country/jurisdiction] shall have exclusive jurisdiction over any dispute arising from these Terms or your use of the Website or Services.

31. General

  • Entire agreement: the Agreement is the whole agreement between us for its subject. If a Proposal and these Terms conflict, the Proposal applies to that project.
  • Severability: if any part of these Terms is found invalid, the rest remains in force.
  • No waiver: not enforcing a right straight away does not mean giving it up.
  • Assignment: neither party may transfer the Agreement without the other’s written consent, except to a successor of its business.
  • Notices: notices may be sent by email to the addresses each party uses for the project.
  • Relationship: we act as an independent contractor; nothing in the Agreement creates a partnership or employment relationship.

32. Changes to These Terms

We may update these Terms from time to time. The latest version will always be on this page with its “Last updated” date. Changes do not affect a project already under way unless both parties agree in writing.

33. Contact Us

If you have any questions about these Terms & Conditions, please contact us:

The Shopify Workshop