Terms & Conditions Website

Shopify Website Design, Migration and Build Services

1. Introduction

These Terms and Conditions govern the provision of Shopify website design, migration, development, configuration, and related build services provided by Lionheart Marketing Limited to the Client.

By engaging Lionheart Marketing Limited, approving a proposal, signing an agreement, paying a deposit, or otherwise instructing us to proceed, the Client agrees to be bound by these Terms and Conditions.

These Terms should be read together with any signed Agreement, proposal, quotation, statement of work, or project schedule issued by Lionheart Marketing Limited.

2. Services Provided

Lionheart Marketing Limited will provide Shopify website design, migration, and build services as agreed in the relevant proposal or Agreement.

Services may include, where applicable:

  • Shopify theme design and configuration
  • Shopify store setup
  • Website migration planning (if applicable)
  • Product, collection, content, and data migration support
  • App setup and configuration
  • Navigation, menus, and page structure
  • Checkout, payment, tax, and shipping configuration support
  • Basic SEO setup and redirects
  • Testing prior to launch
  • Launch support
  • Post-launch support, where agreed in writing

The exact services, deliverables, and exclusions will be set out in the agreed Scope of Work.

3. Project Scope and Deliverables

The project deliverables, including design, functionality, content, integrations, and migration requirements, will be agreed before work begins.

Any work requested outside the agreed Scope of Work will be treated as additional work and may be subject to additional fees and/or timeline adjustments.

Examples of additional work may include:

  • Additional page designs not included in the original scope
  • New functionality or custom development
  • Additional Shopify app setup or configuration
  • Complex third-party integrations
  • Additional data migration requirements
  • Changes to the agreed design direction after approval
  • Major structural changes to templates or page layouts
  • Additional rounds of revisions beyond those agreed

Lionheart Marketing Limited will provide a quotation or written estimate for additional work before proceeding.

4. Shopify Platform and Third-Party Services

The Client acknowledges that the website will be built on the Shopify platform, and where applicable, Shopify Plus.

Shopify, Shopify Plus, payment providers, apps, plugins, themes, hosting infrastructure, and other third-party services are provided by independent third parties and are subject to their own terms, conditions, fees, availability, and limitations.

Lionheart Marketing Limited is not responsible for:

  • Shopify platform outages or service issues
  • Changes to Shopify features, pricing, or policies
  • Third-party app failures or limitations
  • Payment gateway issues
  • Domain, DNS, email, or hosting issues caused by third-party providers
  • Losses arising from third-party service interruptions

The Client is responsible for all Shopify subscription fees, Shopify Plus fees, app fees, payment gateway fees, domain fees, and any other third-party costs unless expressly agreed otherwise in writing.

5. Client Responsibilities

The Client agrees to:

  • Provide timely access to all required assets, brand materials, images, copy, product data, website content, and login credentials
  • Supply all required approvals, feedback, information, and instructions necessary to progress the project
  • Ensure any third-party systems, accounts, apps, platforms, or integrations required for the project are accessible and functional
  • Provide accurate product, pricing, stock, tax, shipping, and business information
  • Review and approve designs, content, functionality, and migrated data in a timely manner
  • Ensure that all content supplied does not infringe the rights of any third party
  • Obtain any legal, regulatory, accessibility, privacy, cookie, data protection, or compliance advice required for the operation of the website

Delays in providing required materials, feedback, approvals, or access may result in delays to the project timeline.

6. Content, Products and Migration

Where migration services are included, Lionheart Marketing Limited will take reasonable care to migrate agreed content, products, collections, pages, images, blog posts, and other agreed data.

The Client remains responsible for checking and approving all migrated data before launch, including but not limited to:

  • Product titles and descriptions
  • Product images
  • Pricing
  • Variants
  • Stock levels
  • Collections
  • Customer data, where applicable
  • Orders, where applicable
  • Shipping settings
  • Tax settings
  • Redirects
  • SEO metadata

Lionheart Marketing Limited does not guarantee that all data from a previous website, platform, app, or third-party system can be migrated exactly or completely unless expressly stated in the agreed Scope of Work.

7. Revisions and Changes

Reasonable revisions are included during the agreed project phase, subject to the Scope of Work.

Once a design, page, template, or key project stage has been approved, further changes to that approved item may be treated as additional work.

Additional revisions, changes in direction, or new requirements outside the agreed scope may incur additional charges.

8. Change Control

Any additional requirements, variations, or changes outside the approved Scope of Work must be agreed in writing.

Where a change request affects the project scope, cost, or timeline, Lionheart Marketing Limited may issue a revised quotation, change order, or written confirmation before carrying out the additional work.

Lionheart Marketing Limited is not required to carry out additional work unless the relevant cost and/or timeline adjustment has been agreed.

9. Testing, Approval and Launch

Before launch, the Client will be given the opportunity to review and test the website.

The Client is responsible for checking that the website, content, products, pricing, shipping, tax settings, checkout, payment methods, and key functionality are correct before launch.

Once the Client approves the website for launch, or otherwise instructs Lionheart Marketing Limited to launch the website, the website will be deemed accepted unless otherwise agreed in writing.

Lionheart Marketing Limited will take reasonable steps to test the website before launch but does not guarantee that the website will be completely free from errors, bugs, or compatibility issues.

10. Website Updates and Maintenance

Unless a separate maintenance agreement is agreed, ongoing website updates, support, and maintenance after launch are not included.

Where maintenance or support is agreed, minor updates may include:

  • Text changes
  • Replacement of simple images
  • Minor content amendments
  • Basic Shopify content updates

The following will usually be considered additional work and may incur extra charges:

  • Creation of new pages
  • Structural changes to existing pages
  • Complex design updates
  • New functionality or features
  • New app integrations
  • Theme upgrades or major theme changes
  • Checkout customisation
  • Complex product, collection, or data changes
  • Speed optimisation
  • SEO campaigns or ongoing SEO work
  • Conversion rate optimisation
  • Accessibility audits or legal compliance reviews

Quotes will be provided for work outside the agreed maintenance or support arrangement before work begins.

11. Hosting, Platform Access and Store Ownership

For Shopify projects, hosting is provided by Shopify and not by Lionheart Marketing Limited.

The Client is responsible for maintaining an active Shopify or Shopify Plus subscription and paying all platform-related fees directly to Shopify unless otherwise agreed.

Store ownership, admin access, or full control of the Shopify store may be transferred to the Client upon completion of the agreed Scope of Work and receipt of all outstanding payments.

Lionheart Marketing Limited may withhold final handover, store transfer, files, credentials, or launch support until all outstanding invoices have been paid in full.

12. Fees and Payment Terms

Payment shall be made in three instalments as follows:

Payment 1 of 3 Project Deposit

A 50% deposit is payable immediately upon execution of the Agreement to initiate project commencement.

Payment 2 of 3  Design Completion

A further 25% payment is due upon completion of the home page design

Payment 3 of 3 Final Completion and Handover

The remaining 25% payment is due upon completion of the agreed Scope of Work and before final store ownership handover, launch, or transfer of full administrative control, unless otherwise agreed in writing.

All invoices are payable in accordance with the payment terms stated on the relevant invoice.

Failure to make payment when due may result in suspension of work, delay to project delivery, withholding of deliverables, or termination of services.

13. Late Payment

If payment is not received by the due date, Lionheart Marketing Limited reserves the right to:

  • Pause all project work
  • Withhold delivery of files, access, launch support, or store handover
  • Suspend support services
  • Charge interest and recovery costs where permitted by law
  • Terminate the Agreement in accordance with these Terms

Any project delay caused by late payment shall not be the responsibility of Lionheart Marketing Limited.

14. Term and Duration

The initial term of the Agreement shall continue until completion of the agreed Scope of Work.

The Agreement shall automatically terminate upon final delivery and acceptance of all project deliverables unless otherwise extended in writing by both parties.

Any provisions intended to survive termination, including payment obligations, intellectual property, confidentiality, liability, and governing law, shall continue to apply after termination.

15. Intellectual Property

Upon receipt of full payment, ownership of the final approved website design and content created specifically for the Client shall transfer to the Client, excluding:

  • Shopify platform technology
  • Third-party themes, apps, plugins, software, or licensed materials
  • Proprietary tools, code, frameworks, know-how, processes, or pre-existing materials owned by Lionheart Marketing Limited
  • Stock imagery, fonts, or other licensed assets subject to third-party licence terms
  • Any unpaid work or deliverables

Lionheart Marketing Limited retains ownership of its pre-existing intellectual property, methods, templates, systems, know-how, and development processes.

16. Confidentiality

Each party agrees to keep confidential any confidential information received from the other party in connection with the project.

Confidential information shall not be disclosed to any third party except where required for the performance of the services, required by law, or agreed in writing.

17. Compliance, Legal Content and Data Protection

The Client is responsible for ensuring that the website and its operation comply with all applicable laws and regulations, including but not limited to:

  • Privacy and data protection requirements
  • Cookie consent requirements
  • Consumer protection rules
  • Product labelling and product compliance
  • Accessibility obligations
  • Terms and conditions of sale
  • Returns and refund policies
  • Shipping policies
  • Payment and tax obligations

Lionheart Marketing Limited may assist with implementation of supplied legal content, policies, cookie tools, or compliance features, but does not provide legal advice.

The Client should seek independent legal advice where required.

18. Search Engine Optimisation

Unless expressly included in the Scope of Work, SEO services are limited to basic technical setup only.

Basic SEO setup may include page titles, meta descriptions, URL structure, redirects, or other agreed items.

Lionheart Marketing Limited does not guarantee search engine rankings, traffic levels, sales, conversions, or commercial performance.

19. Liability

Lionheart Marketing Limited will take reasonable care in providing the services.

However, Lionheart Marketing Limited shall not be liable for:

  • Loss of profits
  • Loss of sales
  • Loss of revenue
  • Loss of business opportunity
  • Loss of goodwill
  • Loss of data
  • Website downtime caused by third parties
  • Shopify, app, hosting, payment, or platform failures
  • Indirect, consequential, or special losses
  • Issues caused by changes made by the Client or third parties after handover

Nothing in these Terms shall limit or exclude liability where it would be unlawful to do so.

20. Termination

Either party may terminate the Agreement by giving written notice where the other party commits a material breach and fails to remedy that breach within a reasonable period after being notified.

Lionheart Marketing Limited may terminate or suspend services if the Client fails to make payment, fails to provide required materials or approvals, or otherwise prevents the project from progressing.

Termination does not affect any accrued rights, obligations, or provisions intended to survive termination.

Any work completed up to the termination date must be paid for in full.

For clarity, references to termination provisions in any third-party or unrelated terms, including “Lionheart Marketing Terms and Conditions”, should be replaced with the relevant Lionheart Marketing Limited Terms and Conditions unless expressly agreed otherwise in writing.

21. Amendments

Lionheart Marketing Limited reserves the right to update these Terms and Conditions from time to time.

The version applicable to the project shall be the version agreed or supplied at the time the Agreement is entered into, unless otherwise agreed in writing.22. Governing Law and Jurisdiction

This Agreement and these Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.

23. Contact

If the Client has any questions about these Terms and Conditions, they should contact Lionheart Marketing Limited directly in writing.