1. Introduction
These Terms & Conditions (“Terms”) govern your access to and use of the website located at theshopifyworkshop.com (the “Website”) and any design, development, marketing, consultancy or related services (the “Services”) provided by The Shopify Workshop (“we”, “us”, “our”, or the “Company”). By accessing the Website, requesting a quote, or engaging us for any Services, you (“you”, “your”, or the “Client”) agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Website or our Services.
These Terms should be read together with our Privacy Policy, which explains how we collect and handle your personal data.
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 document we provide for a specific project.
- “Third-Party Services” means platforms, apps, plugins, hosting, or tools not owned by us, including Shopify.
3. Our Services
We provide Shopify and ecommerce services which may include, but are not limited to, custom theme development, app development, store setup, platform migration, speed optimisation, search engine optimisation (SEO), conversion rate optimisation (CRO), digital marketing, and ongoing maintenance and support. The exact scope of any engagement is defined in the applicable Proposal.
We reserve the right to refuse or discontinue Services to any client at our discretion, including where a request is unlawful, unethical, or outside our area of expertise.
4. Quotes, Proposals & Project Scope
All quotes and Proposals are valid for thirty (30) days from the date of issue unless stated otherwise. Work begins only after you have accepted the Proposal in writing and paid any required deposit.
The Proposal defines the agreed scope of work. Any request that falls outside this scope (“Change Request”) will be treated as additional work, may affect the timeline and cost, and will be quoted separately before we proceed.
5. Fees, Payment & Deposits
Fees for each project are set out in the relevant Proposal. Unless agreed otherwise:
- A non-refundable deposit is payable before work commences.
- The remaining balance is due in accordance with the payment schedule in the Proposal (for example, on milestones or before final delivery / launch).
- Invoices are payable within the period stated on the invoice. Late payments may incur interest and may result in work being paused until the account is brought up to date.
- All fees are exclusive of any applicable taxes, which will be added where required by law.
Final Deliverables, source files, or launch may be withheld until all outstanding invoices are paid in full.
6. Client Responsibilities
To allow us to deliver the Services on time, you agree to:
- Provide accurate, complete information and all required content, images, branding assets, and access credentials promptly.
- Grant us the necessary access to your Shopify store, hosting, domain, or third-party accounts required for the work.
- Review and respond to requests for feedback or approval within a reasonable time.
- Ensure that any materials you supply do not infringe the rights of any third party.
Delays caused by late feedback, missing content, or restricted access may extend the project timeline and are not our responsibility.
7. Project Timelines & Delays
Any timelines we provide are good-faith estimates based on the agreed scope and your timely cooperation. We are not liable for delays caused by circumstances outside our reasonable control, including late client responses, third-party service issues, or changes to the project scope.
8. Revisions & Approvals
Each Proposal specifies the number of revision rounds included. Additional revisions beyond the agreed amount may be chargeable. Once you approve a design, milestone, or Deliverable in writing, any subsequent changes may be treated as a Change Request.
9. Intellectual Property & Ownership
Until full payment is received, all Deliverables and associated intellectual property remain our property. Upon receipt of full payment, ownership of the custom code, designs, and assets created specifically for you transfers to you, except for:
- Any third-party components, libraries, frameworks, fonts, or stock assets, which remain subject to their own licences.
- Our own pre-existing tools, know-how, and reusable code, for which you receive a non-exclusive licence to use as part of your Deliverables.
We reserve the right to display completed work in our portfolio, case studies, and marketing materials unless you request otherwise in writing.
10. Third-Party Services & Materials
Our Services often rely on Third-Party Services such as Shopify, apps, themes, payment gateways, and hosting providers. We are not responsible for the availability, performance, pricing, security, or policies of any Third-Party Service. Your use of those services is governed by their own terms, and any fees they charge are your responsibility.
11. Confidentiality
Both parties agree to keep confidential any non-public business, technical, or financial information disclosed during an engagement, and to use it only for the purpose of delivering the Services. This obligation continues after the project ends.
12. Warranties & Disclaimers
We will perform the Services with reasonable skill and care. Except as expressly stated, the Website and Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including any 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 specific business results, rankings, traffic, or sales will be achieved.
13. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill arising from your use of the Website or Services. Our total aggregate liability arising out of or in connection with any engagement shall not exceed the total fees paid by you for the specific Services giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
14. Indemnification
You agree to indemnify and hold harmless the Company, its owners, employees, and contractors from any claims, damages, losses, or 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.
15. Cancellation & Refunds
Either party may terminate an engagement by providing written notice. If you cancel a project after work has begun, you remain responsible for payment for all work completed up to the cancellation date. Deposits and payments for completed work are non-refundable. Any refund of unused, pre-paid amounts is at our reasonable discretion.
16. Acceptable Use of the Website
When using the Website, you agree not to:
- Use it for any unlawful, fraudulent, or harmful purpose.
- Attempt to gain unauthorised access to, interfere with, or disrupt the Website or its servers.
- Copy, reproduce, or redistribute Website content without our written permission.
- Transmit any viruses, malware, or malicious code.
17. Links to Third-Party Websites
The Website may contain links to external sites that we do not control. We are not responsible for the content, accuracy, or practices of any third-party website, and links do not imply endorsement.
18. Termination
We may suspend or terminate your access to the Website or Services at any time, without notice, if you breach these Terms. Provisions that by their nature should survive termination — including intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification — will continue to apply.
19. Force Majeure
We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including acts of God, natural disasters, outages, cyber-attacks, changes in law, or failures of Third-Party Services.
20. 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.
21. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a revised “Last updated” date. Your continued use of the Website or Services after any change constitutes acceptance of the revised Terms.
22. Contact Us
If you have any questions about these Terms & Conditions, please contact us:
- The Shopify Workshop
- Email: info@theshopifyworkshop.com
- Phone: +91 8200341428
- Website: theshopifyworkshop.com/contact