Terms of Service
Last Updated: December 11, 2024
1. Introduction
These Terms of Service (“Terms”) govern your use of the Shopify speed optimization services (“Services”) provided by Monde Mosaic LTD, trading as Speed Merchants (“we,” “our,” “us,” or “Company”). By accessing or using our Services, you agree to be bound by these Terms.
2. Company Information
Monde Mosaic LTD, trading as Speed Merchants Company Registration Number: 08048614 Registered Address: 23 Lowther Rd, Brighton, East Sussex, BN1 6LF, United Kingdom
3. Services Description
3.1. We provide specialized speed optimization services for Shopify stores through our productized service model.
3.2. Our Services are limited to predetermined speed optimization tasks and do not include any additional development, design, or maintenance work unless explicitly agreed upon in writing.
3.3. The specific optimization tasks included in our Services are detailed on our website.
4. Service Limitations
4.1. We do not guarantee specific speed scores or performance metrics, although we strive to achieve the best possible results.
4.2. Our Services do not include:
- Custom development work outside of speed optimization
- Ongoing maintenance
- Store design modifications
- Platform migration services
- Any services not explicitly listed in your service package
4.3. Additional services may be provided only upon written agreement and may incur additional charges.
5. Client Obligations
5.1. You must:
- Provide accurate and complete information about your Shopify store
- Grant necessary access to your Shopify store
- Maintain all required licenses and permissions for your store
- Back up your store data before we begin our Services
- Respond to our queries in a timely manner
5.2. You are responsible for:
- The accuracy and legality of your store content
- Maintaining your Shopify subscription
- Any third-party apps or services installed on your store
6. Payment Terms
6.1. Fees for our Services must be paid in advance unless otherwise agreed in writing.
6.2. All prices are in USD, GBP or EUR depending on your location and exclude sales tax where applicable.
6.3. No refunds will be provided once we have commenced work on your store.
7. Intellectual Property
7.1. You retain all rights to your store content and data.
7.2. Our optimization techniques, methodologies, and processes remain our intellectual property.
7.3. You grant us a limited license to access and modify your store solely for the purpose of providing our Services.
8. Liability
8.1. We provide our Services “as is” without any warranty of any kind.
8.2. Our total liability shall be limited to the amount paid for the Services.
8.3. We are not liable for:
- Any loss of profits, sales, business, or revenue
- Business interruption
- Loss of anticipated savings
- Loss of business opportunity, goodwill, or reputation
- Any indirect or consequential loss or damage
- Issues caused by third-party apps or services
- Performance issues beyond our control
9. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from your breach of these Terms or your use of our Services.
10. Term and Termination
10.1. These Terms remain in effect until our Services are completed.
10.2. We may terminate Services immediately if:
- You breach these Terms
- You fail to provide necessary access or information
- Your store violates Shopify’s terms of service
11. Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to acts of God, war, cyber attacks, changes to Shopify’s platform, or governmental actions.
12. Confidentiality
12.1. Both parties agree to maintain the confidentiality of any proprietary information shared during the provision of Services.
12.2. This obligation survives the termination of Services.
13. Governing Law and Jurisdiction
13.1. These Terms are governed by and construed in accordance with the laws of England and Wales.
13.2. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Amendments
14.1. We reserve the right to modify these Terms at any time.
14.2. Changes will be effective upon posting to our website.
14.3. Your continued use of our Services constitutes acceptance of any modifications.
15. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.