Terms & Conditions
Last updated: December 1, 2024
1. Introduction
Welcome to XCO Agency. These Terms and Conditions govern your use of our website, services, and Shopify applications. By accessing or using our services, you agree to be bound by these terms.
XCO Agency ("we," "our," or "us") provides Shopify development services, consulting, and software applications. Our registered contact email is [email protected].
2. Services
XCO Agency offers the following services:
- Shopify store development and customization
- Shopify migration services
- Third-party integrations and API development
- Shopify theme design and development
- Performance optimization
- AI automation solutions
- Growth and marketing strategies
- B2B and wholesale solutions
- Shopify applications available on the Shopify App Store
3. Client Responsibilities
When engaging our services, you agree to:
- Provide accurate and complete information necessary for project completion
- Grant necessary access to your Shopify store and related systems
- Respond to communications in a timely manner
- Review and approve deliverables within the agreed timeframes
- Make payments according to the agreed schedule
- Ensure you have the rights to any content you provide us
4. Payment Terms
Payment terms are established in individual project agreements. Generally:
- A deposit is required before project commencement (typically 30-50%)
- Milestone payments may be required for larger projects
- Final payment is due upon project completion
- Invoices are payable within 14 days unless otherwise agreed
- Late payments may incur interest at 1.5% per month
5. Intellectual Property
Upon full payment, you will own the custom code and designs created specifically for your project. However:
- We retain ownership of our proprietary tools, frameworks, and methodologies
- Third-party components remain subject to their respective licenses
- We may use non-confidential aspects of the project in our portfolio
- Pre-existing materials we provide remain our intellectual property
6. Shopify Apps
For our Shopify applications:
- Apps are licensed, not sold, to you
- Usage is subject to the Shopify App Store terms and conditions
- Subscription fees are billed according to your chosen plan
- We may update apps at any time to improve functionality or security
- Refunds are handled according to Shopify's refund policies
- We are not responsible for any lost revenue or damages resulting from app usage
7. Confidentiality
We will maintain the confidentiality of your proprietary information. This includes:
- Business strategies and plans
- Customer data and analytics
- Trade secrets and proprietary processes
- Financial information
This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
8. Warranties and Disclaimers
We warrant that our services will be performed professionally and in accordance with industry standards. However:
- We do not guarantee specific business results or revenue increases
- Services are provided "as is" without warranties of merchantability
- We are not responsible for third-party service outages or changes
- We do not guarantee uninterrupted or error-free service
9. Limitation of Liability
To the maximum extent permitted by law, XCO Agency's total liability for any claims arising from these terms or our services shall not exceed the total amount paid by you in the twelve (12) months preceding the claim.
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data.
10. Termination
Either party may terminate an engagement:
- With 30 days written notice for ongoing retainer arrangements
- Immediately if the other party breaches material terms
- Immediately if either party becomes insolvent or bankrupt
Upon termination, you remain responsible for payment of all work completed up to the termination date.
11. Dispute Resolution
Any disputes arising from these terms or our services shall be resolved through:
- 1Good faith negotiation between the parties
- 2Mediation by a mutually agreed mediator if negotiation fails
- 3Binding arbitration if mediation is unsuccessful
These terms are governed by the laws of Morocco, without regard to conflict of law principles.
12. Changes to Terms
We reserve the right to modify these terms at any time. Changes will be effective upon posting to our website. Your continued use of our services after changes constitutes acceptance of the modified terms.
13. Contact Information
For questions about these terms, please contact us:
Phone
+212 6 12 34 56 78If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. These terms, together with any project-specific agreements, constitute the entire agreement between you and XCO Agency regarding our services.