SHOPIFY WEBSITE DESIGN AGREEMENT

The Client and Designer agree to the following terms and conditions.

1. PROJECT OVERVIEW

The Client wishes to engage the Designer to design and build a Shopify website for the Client’s business.

The Designer agrees to complete the project according to the scope, specifications and terms outlined in this Agreement.

The website will be built using Shopify and an agreed Shopify theme.

2. PROJECT DELIVERABLES

The project includes the design, setup and development of one Shopify website containing the following four pages:

1. Homepage

2. Products page

3. About page

4. Contact page

The project also includes:

• Shopify store setup and theme configuration

• Customisation of the agreed Shopify theme

• Application of the Client’s existing branding, colours, fonts and imagery

• Website navigation and menu setup

• Mobile-responsive layout

• Contact form setup

• Footer setup

• Social media links supplied by the Client

• Basic product and collection organisation

• Upload and setup of up to [number] products

• Upload of up to [number] product images per product

• Payment gateway configuration using options supported by Shopify

• Basic shipping configuration using information supplied by the Client

• Domain connection, where the Client owns and provides access to the domain

• Basic page title and meta-description setup

• Basic image alt-text setup

• Testing before launch

• Publication of the approved website

• Basic website handover guidance

3. ITEMS NOT INCLUDED

Unless specifically listed in the Project Deliverables, the following are not included:

• Logo design

• Brand identity development

• Brand strategy

• Product photography

• General photography

• Video production

• Copywriting

• Product naming

• Packaging design

• Additional website pages

• Additional product uploads beyond the agreed quantity

• Blog article writing or uploading

• Advanced search engine optimisation

• Paid advertising

• Email marketing campaigns

• Email automation

• Customer database migration

• Complex product variants

• Wholesale functionality

• Subscription functionality

• Membership systems

• Booking systems

• Loyalty programs

• Multilingual functionality

• Custom Shopify applications

• Custom checkout development

• Advanced Liquid, JavaScript or application development

• Third-party software development

• Ongoing maintenance

• Ongoing content updates

• Legal advice or preparation of legal policies

• Accessibility auditing or formal compliance certification

• Website hosting, Shopify plans or third-party subscription costs

Any additional work requested by the Client will be quoted separately.

The Designer is not required to begin additional work until the Client has approved the additional cost and scope in writing.

4. PAYMENT

The Client agrees to pay the Designer the following:

a. A non-refundable deposit of 50%, to secure the project booking.

b. The remaining 50%, upon completion and approval of the website and before the website is launched or transferred to the Client.

c. The total project fee.

The Designer will not commence work until:

• this Agreement has been signed; and

• the deposit has been received.

If the deposit is not paid within five business days of the invoice date, the proposed project booking may be released.

The deposit compensates the Designer for reserving project time, completing onboarding and commencing work. It is not refundable once work has begun.

Final payment must be received before:

• the website is published;

• ownership is transferred;

• administrator access is handed over;

• the domain is connected for launch; or

• final project materials are supplied.

All invoices must be paid within [number] calendar days of issue.

If an invoice remains unpaid after the due date, the Designer may pause work until payment is received. Any resulting delay will extend the project timeline.

The Client is responsible for any bank fees, transaction charges or payment-processing fees associated with payment.

5. SHOPIFY AND THIRD-PARTY COSTS

The Client is responsible for all external costs associated with operating the website, including:

• Shopify subscription fees

• Shopify transaction fees

• Domain registration and renewal

• Paid theme costs

• App purchase fees

• Monthly or annual app subscriptions

• Payment gateway fees

• Email service fees

• Stock imagery or licensed asset fees

• Premium font licences

• Third-party integrations

• Shipping platform fees

The Designer will obtain the Client’s approval before purchasing any paid theme, app, image, font or external service on the Client’s behalf.

Unless otherwise agreed, these costs are payable directly by the Client and are not included in the Designer’s project fee.

6. PROJECT PROCESS

The Designer follows a single-concept website design process.

The project will generally proceed through the following stages.

6.1 Discovery and onboarding

The Client will complete the Designer’s onboarding questionnaire and provide all required business, product and website information.

The Designer will review the supplied information and establish the website structure, visual direction and technical requirements.

6.2 Content collection

Before the build begins, the Client must provide all required:

• logo files

• brand guidelines

• colours and fonts

• written website copy

• product names

• product descriptions

• product pricing

• product images

• product weights and dimensions

• inventory information

• shipping information

• contact details

• social media links

• business details

• refund information

• privacy information

• terms and conditions

• relevant login details

6.3 Website design and build

The Designer will build one complete website direction based on the approved brief and supplied content.

The Client is engaging the Designer for their professional expertise and accepts that the Designer will make decisions regarding layout, hierarchy, typography, spacing, imagery and user experience.

6.4 Client review

The Designer will provide the Client with access to review the website.

The Client must submit feedback in one clear and consolidated response per revision round.

6.5 Revisions

The project includes three rounds of revisions.

A revision round means one consolidated list of requested amendments submitted by the Client after reviewing the website.

Revisions are intended to refine the agreed website direction. They do not include:

• beginning the design again

• changing the approved creative direction

• replacing the theme after work has commenced

• restructuring the full website

• adding new pages

• adding new functionality

• rewriting all supplied copy

• replacing all supplied images

• adding products beyond the agreed quantity

Requests outside the agreed revision allowance or scope will be quoted separately.

6.6 Final approval

The Client will review the completed website and provide written approval.

Approval may be given by email or another agreed written communication method.

Once final approval has been given, further changes may incur an additional fee.

6.7 Launch and handover

After final approval and full payment, the Designer will prepare the website for launch.

The Designer will then:

• connect the Client’s domain, where access has been supplied

• publish the website

• provide or confirm the Client’s Shopify access

• provide basic handover guidance

• conclude the project

7. PROJECT TIMELINE

The completion date is an estimate and depends on the Client providing content, access, feedback and approvals within the required timeframes.

The timeline may be extended where:

• the Client supplies content late

• feedback is delayed

• the project scope changes

• additional work is requested

• Shopify or a third-party platform experiences technical issues

• the Client becomes unavailable

• required approvals are not provided

• external suppliers or service providers cause delays

• circumstances outside the Designer’s reasonable control arise

A delay caused by the Client does not constitute a failure by the Designer to meet the project timeline.

8. CLIENT RESPONSIBILITIES

The Client agrees to:

a. Provide accurate and complete information.

b. Supply all required content and login access by the agreed date.

c. Ensure the Designer has suitable access to Shopify, the domain provider and any agreed third-party platforms.

d. Attend scheduled meetings or provide at least 24 hours’ notice if unable to attend.

e. Review work carefully and provide feedback within [number] business days.

f. Provide feedback in a clear and consolidated format.

g. Nominate one primary decision-maker for the project.

h. Ensure that anyone required to approve the website is involved before feedback is submitted.

i. Proofread and approve all website text, product information, prices and policies.

j. Test the website before approving it for launch.

k. Maintain valid Shopify billing details and an active Shopify plan when required.

l. Keep usernames, passwords and account access secure.

m. Notify the Designer promptly of any issue that may affect the project.

The Client is responsible for all final decisions and approvals.

9. CONTENT AND PROOFREADING

The Client is responsible for checking the accuracy of all content appearing on the website, including:

• spelling

• grammar

• product descriptions

• pricing

• discounts

• product weights

• product dimensions

• stock levels

• contact details

• business information

• shipping information

• refund information

• links

• legal policies

The Designer may identify obvious errors but is not engaged as a professional proofreader, lawyer, accountant or compliance adviser.

The Designer is not responsible for losses arising from incorrect information approved or supplied by the Client.

Corrections requested after final approval or launch may be charged separately.

10. CLIENT-SUPPLIED MATERIALS

The Client confirms that they own or have permission to use all materials supplied to the Designer, including:

• text

• images

• photographs

• illustrations

• videos

• music

• logos

• trademarks

• fonts

• product information

• testimonials

• customer reviews

The Client is responsible for obtaining all required licences, model releases, permissions and copyright clearances.

The Client agrees that the Designer may rely on the Client’s confirmation that supplied materials can be legally used.

The Client is responsible for any claim arising from materials supplied by the Client without appropriate permission.

11. WEBSITE POLICIES AND LEGAL COMPLIANCE

The Client is responsible for ensuring the business and website comply with all laws, regulations and industry requirements that apply to the Client.

This includes responsibility for obtaining appropriate:

• privacy policies

• terms and conditions

• refund and returns policies

• shipping policies

• disclaimers

• cookie notices

• product warnings

• licences

• permits

• age restrictions

• industry-specific disclosures

The Designer may upload or format policies supplied by the Client but does not provide legal advice and does not guarantee that Shopify-generated templates are suitable for the Client’s circumstances.

Australian organisations covered by the Privacy Act must maintain an appropriate privacy policy, although coverage depends on turnover and other circumstances. The Client should seek professional advice about their own obligations.

12. PRODUCTS, PAYMENTS AND SHIPPING

The Client is responsible for approving all product information and ecommerce settings before launch.

The Designer will configure payment and shipping settings using the information supplied by the Client and the options available within Shopify.

The Client is responsible for confirming:

• product prices

• tax settings

• inventory settings

• shipping rates

• shipping zones

• free-shipping thresholds

• local pickup arrangements

• payment methods

• refund arrangements

• product availability

The Designer is not responsible for losses resulting from inaccurate prices, shipping rules, tax settings, stock quantities or payment details approved by the Client.

The Designer does not provide taxation, accounting, customs or shipping advice.

13. DOMAIN NAMES AND EMAIL

Where domain connection is included, the Client must provide access to the relevant domain account.

The Client remains the legal owner of the domain name and is responsible for:

• registration

• renewal

• billing

• ownership details

• domain security

• email hosting

• DNS services after handover

Domain connection may temporarily affect website or email services.

The Designer will take reasonable care when updating domain settings but is not responsible for issues caused by pre-existing settings, third-party systems or incorrect information supplied by the Client.

Business email setup is not included unless specifically stated in the Project Deliverables.

14. SHOPIFY THEMES AND PLATFORM LIMITATIONS

The Client acknowledges that the website is built within Shopify and is subject to Shopify’s functionality, systems, policies and technical limitations.

The Designer cannot guarantee that every requested feature can be achieved using the selected theme or Shopify’s standard tools.

Some features may require:

• a different theme

• a paid application

• ongoing subscription fees

• custom development

• assistance from a specialist developer

The Designer will notify the Client where a requested feature falls outside the agreed scope.

The Designer is not responsible for future changes made by Shopify, theme developers, payment providers or app developers.

15. THIRD-PARTY APPS AND SERVICES

The Client acknowledges that third-party apps and integrations are controlled by independent providers.

The Designer is not responsible for:

• app outages

• discontinued apps

• altered functionality

• pricing increases

• subscription changes

• compatibility issues

• data loss caused by a third-party service

• changes made after the website launches

Any future support required because of a Shopify, theme or app update may be quoted separately.

16. WEBSITE COMPATIBILITY

The Designer will use reasonable care to ensure the website functions in current versions of commonly used browsers, including:

• Google Chrome

• Safari

• Microsoft Edge

• Firefox

The website will also be reviewed on common desktop and mobile screen sizes.

The Designer cannot guarantee identical appearance across every browser, device, operating system or screen size.

Compatibility with outdated browsers, discontinued devices or unusual browser settings is not guaranteed.

17. SEARCH ENGINE OPTIMISATION

Basic SEO setup is limited to the items specifically included in the Project Deliverables.

The Designer does not guarantee:

• search engine rankings

• website traffic

• customer enquiries

• sales

• conversions

• indexing timeframes

• placement for particular keywords

Search engines independently determine how websites are indexed and ranked.

Ongoing SEO strategy, keyword research, content marketing and technical SEO are not included unless separately agreed.

18. ACCESSIBILITY

The Designer will apply reasonable general design practices relating to readability, hierarchy, contrast and responsive layout.

The project does not include a formal accessibility audit, specialist accessibility development or certification against a specific accessibility standard unless expressly included in the Project Deliverables.

The Client must advise the Designer before work begins if the website must meet particular accessibility or regulatory requirements.

19. WEBSITE PERFORMANCE

The Designer will take reasonable care to prepare images and build the website appropriately within the Shopify platform.

Website speed and performance may be affected by matters outside the Designer’s control, including:

• Shopify hosting

• installed applications

• theme code

• large images or videos supplied by the Client

• tracking scripts

• customer devices

• internet connections

• third-party services

The Designer does not guarantee a particular performance score from Google PageSpeed Insights or another automated testing service.

20. CHANGES MADE BY THE CLIENT

After handover, the Client may make changes to the website.

The Designer is not responsible for errors, layout problems, lost content, broken functionality or performance issues caused by:

• the Client

• the Client’s employees

• another designer

• another developer

• an app provider

• any third party with account access

Work required to repair changes made after handover may be quoted separately.

21. POST-LAUNCH WARRANTY

The Designer will provide a 30-day warranty period beginning on the website launch date.

During this period, the Designer will correct genuine technical faults caused directly by the Designer’s implementation of the approved website.

The warranty does not include:

• new content

• new products

• design changes

• additional features

• additional pages

• copy changes

• issues caused by Client edits

• issues caused by another provider

• Shopify platform changes

• theme updates

• app updates

• browser updates

• third-party outages

• work outside the original scope

The Client must report any suspected fault in writing and provide enough information for the Designer to investigate it.

22. ONGOING SUPPORT AND MAINTENANCE

Ongoing website support, maintenance and content updates are not included unless specified in the Project Deliverables.

After the warranty period, additional assistance will be charged at:

Hourly rate: $[Amount] per hour

or quoted as a separate fixed-price project.

The Designer is not obligated to accept future work and may decline work depending on availability, scope or technical requirements.

23. PROJECT PAUSES AND CLIENT INACTIVITY

If the Client does not provide required content, feedback or communication for five business days, the Designer may pause the project.

The Designer will not be responsible for maintaining the original project timeline while the project is paused.

If the Client remains unresponsive for 30 calendar days, the Designer may treat the project as inactive and close the project.

Before resuming an inactive project:

• all outstanding invoices must be paid;

• a restart fee may apply; and

• a new project timeframe will be scheduled according to the Designer’s availability.

Any deposit or payments already made will not be refunded where work has commenced or project time has been reserved.

24. SCOPE CHANGES

The project fee is based on the scope outlined in this Agreement.

A scope change occurs where the Client requests work that materially changes the agreed:

• number of pages

• number of products

• functionality

• content

• design direction

• theme

• structure

• timeline

• integrations

• deliverables

The Designer will notify the Client in writing if a request is outside scope.

Additional work will only proceed after the Client approves any revised fee and timeline in writing.

25. RUSH WORK

Rush work is work requiring the Designer to:

• alter existing project bookings;

• work outside ordinary business hours; or

• complete work substantially faster than the agreed timeframe.

Rush work is subject to availability and may incur an additional fee.

The Designer will advise the Client of the rush fee before undertaking the work.

26. TERMINATION BY THE CLIENT

The Client may terminate this Agreement before paying the deposit without charge.

Once the deposit has been paid and work has commenced:

• the deposit is non-refundable;

• the Client must pay for all work completed up to the termination date;

• any approved third-party expenses must be reimbursed; and

• no unfinished concepts, designs, code or website materials will be transferred unless otherwise agreed.

The Client must provide termination notice in writing.

The Designer will issue a final invoice based on completed work, reserved project time and approved expenses.

The Client may not use incomplete or unpaid work.

27. TERMINATION BY THE DESIGNER

The Designer may suspend or terminate the project where:

• the Client fails to pay an invoice by the due date

• the Client repeatedly fails to provide required information

• the Client remains unresponsive

• the Client materially changes the agreed project direction

• the Client requests unlawful, misleading or unethical content

• the Client behaves in an abusive, threatening, discriminatory or disrespectful manner

• continued completion becomes impractical due to matters outside the Designer’s control

• the working relationship has broken down and a reasonable resolution cannot be reached

Where the Designer terminates due to the Client’s conduct or breach, the Client must pay for work completed and approved expenses incurred up to the termination date.

Where the Designer becomes unable to complete the project because of illness, injury or another serious unforeseen circumstance, the parties will discuss a revised timeline.

If a revised timeline cannot reasonably be agreed, the Designer may refund any amount paid for work that has not been completed.

28. OWNERSHIP AND INTELLECTUAL PROPERTY

Until full payment has been received, all design work, layouts, concepts, code and website materials created by the Designer remain the property of the Designer.

After full payment, the Client receives ownership of the final approved website design and final project deliverables created specifically for the Client.

The Client does not receive ownership of:

• unused concepts

• rejected designs

• internal working files

• design processes

• development methods

• reusable code

• generic snippets

• templates

• systems

• tools

• know-how

• third-party themes

• apps

• licensed fonts

• licensed stock imagery

• Shopify software

Third-party assets remain subject to their respective licence terms.

The Designer may reuse general skills, techniques, processes, knowledge and non-client-specific code developed during the project.

29. DESIGNER CREDIT

Unless otherwise agreed in writing, the Designer may include a discreet footer credit stating:

Website designed by Coco Designs

The words “Coco Designs” may contain a hyperlink to the Designer’s website.

The Client may request removal of the footer credit after project completion without charge.

30. PORTFOLIO AND PROMOTION

After the website has been publicly launched, the Designer may display the completed work in:

• the Designer’s portfolio

• the Coco Designs website

• social media

• case studies

• award submissions

• presentations

• promotional materials

The Designer may identify the Client and describe the nature of the project.

The Designer will not knowingly disclose confidential business information.

Where the project must remain confidential before a particular date, this must be agreed in writing before the project begins.

31. CONFIDENTIALITY

Each party agrees to keep confidential information received from the other party secure and to use it only for the purpose of completing the project.

Confidential information does not include information that:

• is already publicly available;

• becomes public through no breach of this Agreement;

• was already lawfully known to the receiving party; or

• must be disclosed by law.

The Designer may use trusted contractors or professional advisers where reasonably required, provided they are expected to maintain confidentiality.

32. PASSWORDS AND ACCOUNT SECURITY

The Client should provide account access using secure collaborator permissions wherever available.

The Client is responsible for changing temporary passwords after handover and removing access no longer required.

The Designer is not responsible for unauthorised access occurring after handover unless directly caused by the Designer’s negligent handling of account credentials.

33. WEBSITE RESULTS

The Designer does not guarantee that the website will produce a particular commercial result.

The Client acknowledges that sales and website performance depend on factors outside the Designer’s control, including:

• product demand

• pricing

• marketing

• advertising

• competition

• customer service

• stock availability

• website traffic

• business reputation

• economic conditions

The Designer’s responsibility is limited to providing the services and deliverables described in this Agreement.

34. LIMITATION OF LIABILITY

To the extent permitted by law, neither party will be liable to the other for indirect or consequential loss arising from this Agreement, including loss of:

• revenue

• profit

• business opportunity

• anticipated savings

• data

• reputation

To the extent permitted by law, the Designer’s total liability arising from the project will not exceed the total amount actually paid to the Designer under this Agreement.

Nothing in this Agreement excludes, restricts or modifies any right or remedy that cannot legally be excluded under Australian law.

35. INDEMNITY FOR CLIENT-SUPPLIED CONTENT

The Client is responsible for claims arising from:

• content supplied by the Client;

• products sold by the Client;

• representations made by the Client;

• intellectual property supplied without permission;

• illegal or misleading website content; or

• the Client’s failure to comply with applicable laws.

The Client agrees to reimburse the Designer for reasonable losses or costs arising from such a claim, except to the extent the claim was caused by the Designer’s own unlawful or negligent conduct.

36. FORCE MAJEURE

Neither party will be responsible for delay or failure caused by events beyond their reasonable control, including:

• serious illness or injury

• natural disaster

• fire

• flood

• power failure

• internet outage

• cyberattack

• government restriction

• industrial dispute

• platform outage

• failure of a critical third-party provider

The affected party must notify the other party as soon as reasonably possible.

The parties will work together to determine a reasonable revised timeframe.

37. DISPUTE RESOLUTION

If a dispute arises, both parties agree to first attempt to resolve it through good-faith written communication.

The party raising the dispute must provide reasonable details of the issue and the outcome sought.

If the dispute cannot be resolved directly, the parties may agree to attend mediation before commencing court proceedings, except where urgent relief is required.

Each party will initially pay their own costs associated with resolving the dispute.

38. NOTICES

Notices under this Agreement must be provided in writing by email.

A notice will be treated as received when it is sent, unless the sender receives an automated failure or non-delivery message.

39. GOVERNING LAW

This Agreement is governed by the laws of Queensland, Australia.

The parties submit to the jurisdiction of the courts and tribunals of Queensland.

40. ENTIRE AGREEMENT

This Agreement, together with any attached quote, proposal or approved scope document, forms the entire agreement between the Client and Designer concerning the project.

It replaces any previous discussions, emails, representations or agreements relating to the same project.

Where there is an inconsistency between this Agreement and another project document, the following order will apply:

1. Any written variation signed or approved by both parties

2. This Agreement

3. The approved proposal or quotation

4. Other project correspondence

41. CHANGES TO THIS AGREEMENT

Any change to this Agreement must be agreed in writing by both parties.

Email confirmation is sufficient where the change clearly identifies the amended scope, fee, deliverable or timeframe.

42. SEVERABILITY

If any term of this Agreement is found to be invalid or unenforceable, that term will be read down or removed to the minimum extent necessary.

The remaining terms will continue to apply.

43. ELECTRONIC SIGNATURES

The parties agree that this Agreement may be signed electronically.

Electronic signatures and signed digital copies will be treated as valid and binding to the extent permitted by law.

44. ACCEPTANCE OF TERMS

By signing the Project Agreement, both parties confirm that they:

• have read this Agreement;

• understand its terms;

• have had the opportunity to obtain independent advice; and

• agree to be bound by it.