ESHOPA, LTD.
Updated: October 28, 2024
Welcome to Eshopa Agency (“ESHOPA,” “we,” “us,” or “our“). These Terms & Conditions (“Terms“) govern your access to and use of our services, including but not limited to custom store development, web design, eCommerce solutions, and our website (collectively, the “Services“). By engaging our Services or visiting our site, you agree to be bound by these Terms. If you do not agree, please discontinue using our Services or site immediately.
1. Company Information
Registered Office Address: 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom
Company Status: Active
Company Type: Private limited company
2. Acceptance of Terms
By accessing our website or purchasing Services, you agree to be bound by these Terms, including any additional terms and conditions and policies referenced herein or available via hyperlink. These Terms apply to all users, including but not limited to visitors, clients, vendors, and contributors of content.
Please review these Terms carefully. If you do not agree to all the terms and conditions, you may not access the website or use our Services.
3. Services Provided
ESHOPA, provides comprehensive e-commerce services specializing in the design, development, and optimization of Shopify and WooCommerce stores. Our services include:
- Store Setup and Customization: Full setup and tailored customization of Shopify and WooCommerce stores to reflect your brand’s identity and meet your unique business needs.
- Theme Development and Integration: Custom theme creation, modification, and integration to enhance store functionality and user experience.
- E-commerce Strategy and Consultation: Guidance on e-commerce best practices, conversion optimization, and digital marketing strategies to grow your online business.
- Payment Gateway Integration: Implementation and configuration of secure, user-friendly payment options that support multiple currencies and regions.
- Product Management: Assistance with product uploading, catalog organization, and inventory management for a seamless shopping experience.
- Performance Optimization: Store performance enhancement, including page load speed, mobile responsiveness, and SEO improvements.
- Ongoing Support and Maintenance: Technical support, updates, and maintenance to keep your online store running smoothly.
All services provided are in accordance with the terms outlined and are customized to fit client specifications, within the scope agreed upon during the project’s initial phase. ESHOPA. reserves the right to adjust service offerings based on evolving e-commerce technologies and platform updates.
Ongoing Support & Maintenance:
Maintenance packages are available for continued support, updates, and optimizations. From $29.95 per Month, depending on the complexity of the work.
4. Eligibility and Online Store Terms
By agreeing to these Terms, you represent and warrant that you are at least the age of majority in your jurisdiction and have the legal capacity to enter into these Terms. You agree not to use our Services for any illegal or unauthorized purpose and to comply with all applicable laws and regulations. Any breach of these Terms may result in immediate termination of Services.
5. General Conditions
- We reserve the right to refuse service to anyone, for any reason, at any time, in our sole discretion.
- You understand that your content (excluding credit card information) may be transferred unencrypted over various networks and may be adapted to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell, exploit, or reverse engineer any portion of the Services, use of the Services, or access to the Services without express written permission from ESHOPA.
- Any unauthorized use of the Services terminates the permission or license granted by us.
6. Payment Terms
- Quotations and Estimates: All quotations provided are estimates based on the information available at the time. Final charges may vary based on project requirements, and you agree to pay any additional charges incurred due to changes in project scope or additional work requested.
- Payment Schedule: A deposit may be required to commence work, with the remaining balance due upon completion or as otherwise agreed in writing.
- Suspension of Services: We reserve the right to suspend or terminate Services for late or non-payment.
7. 2X Multiplier Guarantee
ESHOPA guarantees that the total cost of your project will not exceed twice the quoted hours (“2X Multiplier Guarantee“). We cover 100% of additional hours required up to 2X the quoted amount, provided the project scope remains reasonably consistent with the initial agreement. Any hours exceeding twice the quoted amount will be billable at standard rates.
8. Revisions & Maintenance
Revisions:
- The number of revisions is outlined in the project proposal. Revisions are limited to the agreed scope of work.
- Additional revisions beyond the agreed rounds or outside the original scope will be billed at our standard hourly rate ranging from $99.99 to $199.99 per Revision.
Maintenance:
- Maintenance packages are available on a monthly basis and include services as specified in the maintenance agreement.
- Custom work outside the scope of the maintenance package will be quoted and billed separately.
9. Accuracy of Billing and Account Information
You agree to provide current, complete, and accurate billing and account information for all purchases made with ESHOPA. You agree to promptly update your account and other information, including your email address and credit card numbers, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. Any changes or cancellations will be communicated via email or phone, based on the information provided by you.
10. Third-Party Tools & Links
We may provide you with access to third-party tools or links over which we neither monitor nor have any control nor input.
- Disclaimer: You acknowledge and agree that we provide access to such tools and links “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.
- Limitation of Liability: We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or links.
- User Responsibility: Any use by you of optional tools or links offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
11. Intellectual Property & Ownership
Client Content:
- You represent and warrant that you own or have obtained all necessary rights and permissions to use any content you provide to us, including but not limited to images, text, and trademarks.
- You agree to indemnify and hold ESHOPA harmless from any claims arising out of your content infringing on third-party rights.
Copyright & Code Ownership:
- Custom Design and Code: Upon final payment and subject to these Terms, ownership of the custom design and specific project code developed for you is transferred to you.
- ESHOPA Proprietary Materials: ESHOPA retains all rights, title, and interest in and to all code libraries, algorithms, methodologies, templates, and tools that are developed or used during the course of the project that are of general application and that are not uniquely applicable to the project (“ESHOPA Materials“).
- License to ESHOPA Materials: ESHOPA grants you a non-exclusive, non-transferable, royalty-free license to use the ESHOPA Materials solely as part of the project deliverables and for your internal business purposes.
12. Confidentiality
Both parties agree to keep confidential and not disclose to any third party any confidential information obtained from the other party without prior written consent, except as required by law. Confidential information includes but is not limited to business strategies, technical information, and customer data.
13. Modifications to the Service and Pricing
- Pricing: Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice.
- No Liability: We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
14. Disclaimers and Limitation of Liability
Disclaimer of Warranties:
- The Services are provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied, or statutory.
- ESHOPA disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of the course of dealing or usage of trade.
Limitation of Liability:
- Exclusion of Certain Types of Damages: To the fullest extent permitted by law, ESHOPA shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities.
- Cap on Liability: In no event shall ESHOPA’s total cumulative liability exceed the amount paid by you to ESHOPA for the Services giving rise to the claim in the twelve (12) months preceding the claim.
15. Indemnification
You agree to indemnify, defend, and hold harmless ESHOPA, its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
- Your access to or use of the Services.
- Your violation of these Terms.
- Your infringement of any intellectual property or other rights of any third party.
16. Dispute Resolution & Governing Law
Governing Law:
- These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Arbitration:
- Any disputes arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in London, England, under the Arbitration Act 1996.
- The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties or, failing agreement, appointed in accordance with the Arbitration Act 1996.
- The language of the arbitration shall be English.
Jurisdiction:
- Both parties submit to the exclusive jurisdiction of the courts in London, England, for the purpose of enforcing any arbitration award.
17. Privacy & Data Protection
- Compliance: We comply with the General Data Protection Regulation (GDPR) and all relevant privacy laws to protect your data.
- Data Processing: By using our Services, you consent to the collection, use, and disclosure of your personal data in accordance with our Privacy Policy.
- Client Responsibility: You are responsible for ensuring compliance with data protection laws in relation to the data you collect and process through your Shopify store or other platforms.
18. Termination of Agreement
Termination by Client:
- You may terminate the agreement by providing a 30-day written notice to ESHOPA.
- Upon termination, all outstanding balances, including any work performed up to the termination date, become immediately due and payable.
- ESHOPA will release the project or transfer ownership upon full settlement of all outstanding amounts.
Termination by ESHOPA:
- We reserve the right to terminate or suspend Services immediately, without prior notice or liability, if you breach any terms or conditions of these Terms.
- Upon termination, all rights granted to you under these Terms will cease.
- No refunds will be provided for terminated Services due to your breach of these Terms.
19. Force Majeure
ESHOPA shall not be liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond ESHOPA’s reasonable control, including but not limited to natural disasters, pandemics, acts of government, war, civil unrest, acts of terror, labor disputes, or disruptions in electrical or internet services.
20. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
21. Entire Agreement
These Terms, along with any policies or operating rules posted by us on this site or in respect to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
22. No Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
23. Changes to Terms
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Services following the posting of any changes to these Terms constitutes acceptance of those changes.
24. Non-Solicitation
For a period of one (1) year following the termination of Services, you agree not to solicit or hire any employee or contractor of ESHOPA without our prior written consent.
25. Assignment
You may not assign any of your rights or obligations under these Terms without the prior written consent of ESHOPA. We may assign our rights and obligations to a third party without your consent.
Contact Information
For questions or concerns about these Terms, please contact us at support@eshopa.co.