terms & conditions.

1. applicability

These Terms & Conditions apply to all proposals, quotes, audits, one-time builds, memberships, and ongoing engagements provided by Shinerds ("we", "us", "our") to the client ("you", "Client"). Any deviation from these terms is only valid if explicitly agreed upon in writing by Shinerds.

2. proposals, scope & commencement

The exact deliverables, timeline, and investment are outlined in your written proposal or invoice. Written confirmation (including via email or Slack) or payment of the initial invoice constitutes binding acceptance of these terms. Any requests falling outside the agreed scope will be quoted separately and require prior approval before execution.

3. fees, invoicing & payment terms

• All quoted prices are exclusive of applicable taxes (such as VAT) and third-party software costs (e.g., Shopify apps, A/B testing tools like Intelligems, fonts, or stock licenses), unless stated otherwise.
• One-time builds and custom projects require 100% upfront payment (or the milestone schedule specified in your proposal) prior to project kick-off.
• Memberships and retainers are billed monthly in advance.
• Invoices must be settled within 7 days of issue. If payment is overdue, Shinerds reserves the right to pause all ongoing work, A/B tests, and code deployments immediately until the balance is cleared.
• Due to the custom nature of research, design, and engineering, all payments made for completed or commenced billing cycles are non-refundable.

4. client cooperation & turnaround

Timely delivery depends on your active cooperation. You agree to provide necessary collaborator access to your Shopify store, analytics, and testing tools. If feedback, approvals, or required assets are delayed by more than 10 business days, Shinerds may place the project on hold or deem the current milestone approved so billing and scheduling can proceed.

5. performance & revenue guarantee

While we engineer every test and build to maximize conversion and revenue per visitor, e-commerce performance is influenced by external factors outside our control (such as ad quality, seasonality, inventory, pricing, and market demand). Therefore, individual tests do not carry a guaranteed lift unless a specific written guarantee is included in your membership proposal.

Where our 90-day +10% Revenue Per Visitor (RPV) membership guarantee applies, it is strictly subject to: (a) uninterrupted traffic levels comparable to baseline, (b) no unapproved changes to theme code, pricing, or checkout by the Client or third parties during testing, and (c) Client approval of proposed tests within 3 business days. If the target is not met within 90 days under these conditions, our sole obligation is to continue providing membership testing services at no additional agency fee until the target lift is achieved.

6. intellectual property & portfolio rights

• Upon full and final payment of all outstanding invoices, the Client receives full usage rights to the final custom designs and front-end code built specifically for their store.
• Until payment is received in full, all designs, wireframes, audits, and code remain the sole property of Shinerds.
• Shinerds retains all intellectual property rights to its underlying code libraries, reusable Liquid/JS modules, internal frameworks, methodologies, and testing workflows.
• Unless otherwise agreed in writing, Shinerds reserves the right to display before/after visuals, anonymized or attributed A/B test metrics, and project outcomes in our portfolio, social media, and marketing materials.

7. store access, third-party apps & backups

We develop and test with the highest technical standards inside Shopify's architecture. However, Shinerds is not liable for store downtime, bugs, or revenue loss caused by Shopify platform outages, third-party app conflicts, or edits made to the theme by the Client or other developers after our code is deployed. Once a one-time build is approved and pushed live, any bugs reported within 14 days relating directly to our code will be resolved free of charge.

8. confidentiality

Both parties agree to keep all non-public business data, store analytics, revenue figures, and proprietary strategies strictly confidential and never to disclose them to unauthorized third parties.

9. cancellation of membership

Memberships may be canceled in writing via email in accordance with the notice period stated in your proposal (or with a minimum of 14 days' notice prior to the next billing cycle if unspecified).Unused testing capacity within a billing month does not roll over and is non-refundable.

10. limitation of liability

To the maximum extent permitted by law, Shinerds shall never be liable for indirect, incidental, or consequential damages, including lost profits, lost revenue, or lost data. Our total aggregate liability for any claim arising out of our services is strictly limited to the amount paid by the Client to Shinerds for the specific project or the single preceding month of membership in which the event occurred.

11. governing law

All agreements, proposals, and disputes with Shinerds are governed by applicable commercial law. Both parties agree to first attempt to resolve any dispute amicably before pursuing formal legal proceedings.