Terms of Services
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://digitalcoo.com website (the “Service”) operated by Digital Coo (“us”, “we”, or “our”).
Your access to and use of the services offered by Digital Coo is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all of our clients who access, use the Service, or pay our invoices.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service and all payments will be considered forfeit. By starting a project (paying an invoice) with Digital Coo, you have read and agreed to these terms & policies. Upon payment of the invoice, the client accepts that all payments are final with no refunds regardless of the stage of the project.
Project Management Portal Participation
Upon payment of the website development invoice, the client consents to participate in our project management portal via Active Collab which we, Digital Coo LLC, will provide upon hire. Inside the project management portal the client must participate by providing project pre-requisites which could include media content, Website Theme selections, and website related content, so that Digital Coo can create the website to completion. Failure to comply by participating in the project management portal will result in an automatic termination of the project and forfeiture of any payments. The client consents that upon forfeiture they will not obtain a refund and all services are terminated.
During the final phase of the website development, Digital Coo will turn over the ownership portal to the client. Upon ownership transfer, Digital Coo will be placed as a staff account on the client’s website. If the client holds a Mid-Shopify plan membership ($79/month) or higher, they are granted a 5-year service warranty as long as they remain using Shopify as a website platform and subscribed to Shopify’s Mid plan or higher. If the client removes Digital Coo as a staff and/or removes the credits on the footer which states “Designed by Digital Coo” or changes the permissions to limited instead of full access, this instantly voids the service warranty. Any inquiries the client makes after a voided warranty will be invoiced to the client as consultation services.
All projects completed which are registered under Shopify using the Basic $29/month plan will not receive Website Warranty. If a client downgrades from the Mid Shopify Plan of $79/month down to the $29/month plan, the client can request a website fix via email and the client will be invoiced depending on the complexity of the fix.
If the client hires another 3rd party developer to make any changes to the account such as installing a new theme or making theme modifications, the warranty is automatically voided. All future questions or concerns would require an invoice for consultation and an invoice for any adjustment or fixes.
Clients who are covered under Warranty may request support by contacting email@example.com.
The warranty includes any fixes related to the website from the state of final development. If the client changes elements or sections of the website and requires a fix, we will revert the design to its final development designed by Digital Coo. The warranty does not include adding or modifying any of the following: front-end design, products, collections, menu interface, social media, or any related content from the front end or back end admin. The warranty only covers any glitches that prevent functionality of the website that were implemented in the original design from Digital Coo. These terms are subject to change from time to time without notice at our sole discretion. The instance where the client adds another developer into their account, the warranty is instaltly void and any fixes will require a new invoice to fix any issues and an optional fee of $600 to reinstate the warranty.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Digital Coo.
Digital Coo has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Digital Coo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Website Development Accounts
If a client has any of the following accounts: Shopify Trial, Shopify Basic, Shopify Standard, Shopify Advance, or any of the annual Shopify Plans including Shopify Plus; Digital Coo will develop all work by creating a new Shopify Experts account as a clean slate design. We will request access to the client’s old account in order to transfer general settings and important content related to the project. Upon website development completion, the client will take ownership of the new developer account and cancel their old account.
If the client pre-purchased an annual plan, upon website completion the client can contact Shopify support and request a partial refund of the annual plan to be transferred to the newly developed account.
If the client insists on having the development created using their old Shopify account, the client agrees to an additional $800 transfer fee and automatically voids our 5-year service warranty.
Website Completion Transfers
Once the client is ready for account ownership transfer, Digital Coo will send the client an invitation to the admin portal as a staff account. At that point, the theme (standard template, Shopify Template, or custom development template) will not be available until the client purchases the Shopify plan. Upon purchase of the plan, the theme will re-activate. The client will have 2 full business days from the time of the invitation to purchase the Shopify plan. If the client refuses to pay for the Shopify plan, the client terminates the entire job and forfeits all payments. If the client refuses to pay for the Shopify plan, the client is not eligible for any refunds. Upon ownership transfer, the client consents that the development is completed. After ownership transfer, it is the client’s responsibility to add any additional content or make modifications. Alternatively, the client can rehire Digital Coo for any additional website modification.
Shopify Plus Completion Transfers
Once the client is ready for account ownership transfer, Digital Coo will send the client an invitation to the admin portal as a staff account. The client agrees upon completion they will take over the development account and convert it to a Shopify Plus Plan. Once the client converts the developers account to a Shopify Plus plan, the will retire the old original Shopify Plus Plan and continue with the new account with the new website development. If the client insist on keeping his original plan and simply transferring the final finished work to the original Shopify Plus Plan account, the client agrees to pay a transfer fee of $7,000 USD in full for the transfer process to the original Shopify Plus Plan account.
Pause Clause, Project Suspensions, and Project Forfeit
If a client deliverable – such as pictures, page content, approvals, mockups, sketches, and/or any outstanding task from the client – is late more than 7 business days, the project will be placed in suspension and the client will be notified via email. Upon project suspension, the client can reinstate the project by contacting Digital Coo via email at: firstname.lastname@example.org within 5 calendar days from the suspension date. A project reinstatement fee of $600 will be invoiced to the client and the client must pay the invoice in full in order to resume the project to lift the suspension.
Upon payment the reinstatement fee payment in full, the project is re-activated. Upon reactivation the project will be scheduled based on Digital Coo’s workload and availability. However, if the client does not respond to our project suspension notice within the 5 day grace period, the project will convert to a full forfeit. Upon project forfeit, the client consents forfeit to all payments and Digital Coo will email the client the theme template used to design the website along with any logos created if applicable and close the Shopify Developers account that was used to create the design. The client has the ability to reinstate the project from forfeit but will be liable to pay another full cost of the project with the same terms described above.
If the client forfeits the project post 24 hours of initial invoice payment, the client agrees they will also forfeit all costs of the project.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if clients breach the Terms. Digital Coo has the right to refuse a refund request of any and all project cancellation requests from clients and or customers.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Terminated projects void out all service warranty and all training. If the client wishes to reinstate a project, Digital Coo has the right to evaluate the request and invoice the client a $600 re-engagement fee if it’s in the suspension phase or the full project amount if it’s in forfeit status.
Digital Coo reserves the right to solely adjust and enforce payment schedule on a project by project basis. If Digital Coo deems the project scheduling to be longer than initially anticipated, due to client delay, Digital Coo reserves the right to invoice the balance on the project, if there is a balance on the project.
Digital Coo is not responsible for client content. Our clients are expected to provide any and all content. Digital Coo is not responsible for any client content or the intellectual property of that content. Upon client submitting text or picture content, the client has 1 revision free of charge. All future changes will be invoiced to the client or a training on how to edit and change text or images will be initiated during the final call. If the client fails to provide content from the date of request and 7 calendar days, Digital Coo reserves the right to terminate the project and the client consents to accept the work as is voiding the service warranty and any training phone calls or training sessions.
Social Media Services
Digital Coo will provide the client with an invoice for social media services regarding the client’s business brand. The social media services contracts is for three consecutive months. The client accepts that social media services are focused on brand exposure and not attached to an ROI. Once the client pays the invoice, they accept the contract terms of three consecutive months. By paying the invoice, if the client decides to terminate services the client is responsible for all payments and forfeits any refunds. The client agrees that if they forfeit services, they can email us at email@example.com and we Digital Coo will finalize the remaining months of services until the term is complete.
Cancellations and Forfeits: If the client cancels the project for any reason post 24 hours of paying the invoice, the client agrees to forfeit all payments and content in full.
Forfeit: If the client has not responded in over 7 days to a request or a task in order to complete the website the project will be considered as a cancellation and the client forfeits all payments. If the client forfeits the project and requests transfer ownership, the client accepts the incomplete project as a full completed project and consents all services rendered. Upon transfer ownership, Digital Coo will send the client an invite to the developers account as a staff. Once the client creates the staff account the theme will be empty temporarily. Digital Coo will then instruct the client to convert the developers account into a real Shopify account by purchasing one of the Shopify plans offered inside of the account. Once the client verifies they purchased the Shopify account, the theme developed will re-enable into the client’s account. Upon the theme being reactivated, all work is concluded.
Custom Web Development Agreement
All clients that pay an invoice for a full custom development website will have the option to receive a website mockup by our in-house Graphic Designer or the client can provide us with a PSD File mockup to our email address firstname.lastname@example.org. The client will provide insight towards how they want their website developed. Upon Digital Coo creating the first mockup, if the client decides to discontinue development, the client is entitled to a development refund. This refund only includes the cost of creating the website. Graphic design work will not be refunded. If the client is providing the mockup, no refund will be provided. The client also agrees that if they cancel the project, the mockup design belongs to Digital Coo LLC. Any form of replication will result in further legal action. Upon custom development completion, the client has full rights and ownership of the design. If the client approves the mockup, the client accepts to proceed with the work and is not eligible for any refunds. The job will be considered completed once Digital Coo has built the website based on the mockup. Upon completion of the development, if the client wishes to add or modify the web design beyond the already approved mockup, the client will accept all final changes as final work. If the client wishes to discontinue the project based on further changes, the client accepts all work as final with no refunds.
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have with us regarding the Service.
The Client agrees to indemnify and hold harmless Digital Coo LLC and partners against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the work at the request of the client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material change, we will attempt to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
All designs will include our credits in the footer of your website project. If the credits are removed, this immediately voids our service warranty. Future fixes and services will be invoiced to the client if the client wishes to continue working with Digital Coo.
If you have any questions about these Terms, please contact us.