Terms of service

OVERVIEW

Welcome to Daniel Woik.

The terms “we”, “us” and “our” refer to Daniel Woik. Daniel Woik operates this store and website, including all related information, content, features, tools, digital products and professional services in order to provide you, the customer, with our products and services (the “Services”).

Daniel Woik is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies, service descriptions and individual agreements referenced herein, describe your rights and responsibilities when you access our website or purchase our products or services.

Please read these Terms of Service carefully before using our website or purchasing any product or service.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are legally capable of entering into a binding agreement in your jurisdiction.

To use the Services, including purchasing products or professional services, you may be asked to provide certain information such as your name, email address, billing information and payment information.

You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for all activity conducted through your account.

SECTION 2 – PRODUCTS AND PROFESSIONAL SERVICES

We make reasonable efforts to accurately describe the digital products and professional services available through our website.

Professional services may include, but are not limited to:

  • Shopify Store Optimization

  • Klaviyo Email Marketing

  • REVIEWS.io Setup

  • E-commerce consulting

  • E-commerce mentoring

  • Other Shopify, ecommerce, marketing or implementation services offered from time to time

The exact scope of a professional service is determined by the applicable service description available at the time of purchase and, where applicable, any separate written project agreement.

Services are tailored to the individual project and may therefore differ depending on the customer's existing store, technology, products, requirements and available information.

Unless expressly agreed otherwise, professional services are optimization, implementation or consulting services and do not constitute unlimited design, development, marketing or ongoing management services.

We reserve the right to change, update, replace or discontinue products and services offered on the website at any time.

Changes will not reduce the specifically agreed scope of a professional service that has already been purchased and accepted without agreement with the customer.

SECTION 3 – ORDERS AND ACCEPTANCE

When you place an order, you are making an offer to purchase the selected product or service.

Daniel Woik reserves the right to accept or decline an order where reasonably necessary.

An order is considered accepted once payment has been successfully processed and the order has been confirmed, unless a separate written agreement provides otherwise.

Please review your order and the applicable service description carefully before completing your purchase.

For professional services, work may not begin until all reasonably required information, account access, content, approvals or other project requirements have been provided.

Where a separate project agreement is required, work may also be conditional upon that agreement being accepted by both parties.

Cancellation and refund requests are governed by our Return & Refund Policy, any applicable Purchase Options Cancellation Policy, any individual project agreement and any mandatory rights that apply under applicable law.

SECTION 4 – PRICES AND BILLING

Prices, discounts, offers and promotions may change without notice.

The price charged for a product or service will be the price displayed at checkout or otherwise agreed in writing at the time of purchase.

Unless otherwise stated, applicable taxes, third-party charges and transaction fees are not included in the service price.

Prices displayed on our website may differ from prices offered through individual proposals, private offers, promotional campaigns or third-party platforms.

Certain consulting or mentoring services may be offered using recurring monthly payments or another agreed payment schedule.

Where a customer purchases a fixed-term consulting or mentoring engagement with recurring billing, the customer agrees to the full commitment period and corresponding payment schedule displayed at checkout or agreed in writing.

By providing payment information, you represent and warrant that:

  • The payment information provided is true, correct and complete

  • You are authorised to use the selected payment method

  • Charges incurred through the selected payment method will be honoured

  • You agree to pay the applicable charges according to the agreed price and payment schedule

SECTION 5 – DELIVERY OF DIGITAL PRODUCTS AND PERFORMANCE OF SERVICES

Digital products may be delivered electronically through email, download links, account access or another digital delivery method.

Please ensure that the email address provided during checkout is correct.

Professional services are performed according to the applicable service description and any individual project agreement.

Where a project requires customer access, information, content, approvals or other materials, the estimated project timeline begins only after the reasonably required items have been provided.

Any delivery periods displayed on the website or communicated before a project begins are estimates unless expressly agreed as guaranteed deadlines in writing.

Delays caused by missing customer information, delayed feedback, unavailable account access, third-party platforms, apps or circumstances outside our reasonable control may extend the delivery period.

SECTION 6 – PROFESSIONAL SERVICE SCOPE

The scope of each professional service is limited to the work described on the applicable service page, checkout, proposal or individual written agreement.

Unless expressly included, professional services do not include unlimited revisions, unlimited additional work, ongoing management or requirements introduced after the original scope has been agreed.

Where a service includes a feedback or revision round, that round is intended for reasonable adjustments to work completed within the agreed scope.

New pages, functionality, products, integrations, major changes in direction or other additional requirements may be treated as additional work and quoted separately.

The customer is responsible for providing accurate information, appropriate access, required content and timely feedback where necessary to complete the project.

SECTION 7 – CONSULTING AND MENTORING

Consulting and mentoring may be offered as individual sessions, fixed-term engagements, recurring subscriptions or other arrangements specified at the time of purchase.

The applicable duration, payment schedule, call frequency, communication access and included support will be described in the applicable offer, purchase option or individual agreement.

Unless expressly stated otherwise, consulting and mentoring provide strategic advice, guidance, analysis and recommendations.

They do not automatically include implementation, operational management, advertising management, creative production, development work or other done-for-you services.

Where a fixed commitment period is selected, the customer agrees to the applicable commitment period and payment schedule.

Cancellation and refund terms for recurring consulting and mentoring engagements are described in the applicable Purchase Options Cancellation Policy and any individual agreement.

SECTION 8 – CUSTOMER RESPONSIBILITIES

Customers purchasing professional services agree to provide the access, information, content and approvals reasonably required to complete the agreed work.

The customer remains responsible for the accuracy and legality of business-specific information provided to Daniel Woik, including:

  • Product information

  • Pricing

  • Product or performance claims

  • Policies

  • Shipping information

  • Business information

  • Images and other assets

  • Marketing claims

  • Legal or regulatory information

Unless expressly agreed otherwise, Daniel Woik does not provide legal, tax, accounting or regulatory compliance advice.

SECTION 9 – SUBCONTRACTORS AND THIRD-PARTY SERVICE PROVIDERS

Daniel Woik may use employees, independent contractors, freelancers, developers, designers, specialists or other third-party service providers to assist with the performance of professional services where appropriate.

This may include delegating specific implementation, development, design, technical or administrative tasks required to complete a customer project.

Daniel Woik remains responsible for managing the agreed project and the delivery of the professional service to the customer.

Where reasonably required to perform the agreed services, authorised subcontractors or service providers may be granted access to relevant customer systems, Shopify stores, applications, project information or other resources necessary to complete their assigned work.

Customers acknowledge that the use of subcontractors or third-party service providers does not require separate approval or prior notice unless this has been expressly agreed otherwise in writing or is required by applicable law.

Any subcontractor or service provider engaged in connection with a customer project is expected to handle confidential information and customer access appropriately and only to the extent reasonably necessary to perform the assigned work.

SECTION 10 – THIRD-PARTY SERVICES AND COSTS

Professional services may involve third-party platforms and software such as Shopify, Klaviyo, REVIEWS.io or other ecommerce applications and services.

Third-party subscription fees, app fees, software fees, advertising costs, premium themes and other external costs are not included in our service fees unless expressly stated otherwise.

Any paid third-party service required or recommended for a project remains subject to the terms, pricing and functionality of the relevant provider.

We are not responsible for changes, outages, restrictions, discontinued functionality or other actions of third-party platforms that are outside our reasonable control.

SECTION 11 – RESULTS AND PERFORMANCE

Professional services are intended to improve areas such as customer experience, ecommerce operations, marketing systems, usability, trust, retention or conversion potential depending on the service purchased.

However, no specific commercial result is guaranteed unless expressly agreed in writing.

We do not guarantee any particular:

  • Conversion rate

  • Revenue

  • Profit

  • Return on advertising spend

  • Sales volume

  • Customer acquisition cost

  • Average order value

  • Email marketing revenue

  • Review volume

  • Advertising performance

  • Business growth

Business performance depends on numerous factors outside our control, including products, pricing, offers, traffic quality, advertising, market demand, competition, seasonality, customer behaviour and operational performance.

SECTION 12 – INDIVIDUAL PROJECT AGREEMENTS

Certain professional services may be subject to a separate proposal, statement of work, project agreement or other written agreement between Daniel Woik and the customer.

Where an individual written agreement has been entered into for a specific project, that agreement will apply together with these Terms.

In the event of a conflict concerning the specific project scope, project fee, payment schedule, timeline or other individually agreed project terms, the individual written agreement will take precedence.

SECTION 13 – INTELLECTUAL PROPERTY

Our website and Services, including but not limited to trademarks, branding, text, images, graphics, videos, designs, templates and other materials created and owned by Daniel Woik, are protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, republish, sell or commercially exploit our website content, proprietary templates, methodologies or other protected materials without prior written permission.

Where work is specifically created and delivered for a customer as part of a paid professional service, the customer may use the final delivered work for its own business purposes unless otherwise agreed.

Pre-existing intellectual property, proprietary systems, reusable code, methodologies, frameworks, templates, processes and know-how remain the property of their respective owners.

Third-party intellectual property remains subject to the rights and licences of the relevant third party.

SECTION 14 – OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of or in connection with the Services.

We do not control all third-party tools and cannot guarantee their continued availability, performance or functionality.

Your use of third-party tools is subject to the applicable provider's terms and is at your own discretion.

We may also introduce new tools, resources or features in the future.

SECTION 15 – THIRD-PARTY LINKS

The Services may contain materials or links to websites operated by third parties.

We are not responsible for examining or evaluating the accuracy, content or practices of third-party websites.

If you access third-party websites or purchase third-party products or services, you do so subject to the applicable third party's terms and policies.

Questions, claims or disputes relating to third-party products or services should generally be directed to the relevant third-party provider.

SECTION 16 – RELATIONSHIP WITH SHOPIFY

Daniel Woik uses Shopify to operate this website and provide ecommerce functionality.

However, purchases made through this store are made directly between the customer and Daniel Woik.

Shopify is not the provider of the professional services purchased from Daniel Woik and is not responsible for the performance of those services.

SECTION 17 – PRIVACY

Personal information collected through the Services is handled according to our Privacy Policy and the applicable privacy practices of relevant third-party service providers such as Shopify.

By using our Services, you acknowledge that information may be processed by third-party providers where necessary to operate the website, process payments or deliver the purchased services.

Please review our Privacy Policy for further information.

SECTION 18 – FEEDBACK AND REVIEWS

If you voluntarily provide feedback, testimonials, reviews, suggestions or other comments regarding our Services, you confirm that you have the right to provide that content.

Unless otherwise agreed, you grant Daniel Woik permission to use genuine feedback and reviews for reasonable business and marketing purposes, subject to applicable law and any platform-specific requirements.

You must not provide false, misleading, unlawful, defamatory or infringing content.

We are not obligated to compensate customers for voluntarily provided feedback unless separately agreed.

SECTION 19 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the website may contain typographical errors, inaccuracies or omissions relating to service descriptions, prices, promotions, availability or other information.

We reserve the right to correct errors and update information where reasonably necessary.

If an error materially affects an order that has already been placed, we will take reasonable steps to contact the affected customer.

SECTION 20 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to:

  • Violate applicable laws or regulations

  • Infringe intellectual property or other rights

  • Transmit malicious software

  • Obtain unauthorised access to systems or accounts

  • Harass, abuse, defame or harm another person

  • Transmit deliberately false or misleading information

  • Conduct spam, phishing, scraping or other abusive activity

  • Circumvent security features

  • Reproduce, resell or commercially exploit protected portions of the Services without permission

We reserve the right to restrict or terminate access where these Terms are materially violated.

SECTION 21 – TERMINATION

We may suspend or terminate access to Services where reasonably necessary, including in cases of material breach of these Terms, abusive conduct, non-payment or unlawful use.

For professional services, termination does not automatically remove payment obligations relating to work already completed, billing periods already started or amounts otherwise due under an agreed fixed-term engagement.

Any mandatory rights under applicable law remain unaffected.

Provisions that by their nature should survive termination, including intellectual property, payment obligations, limitations of liability and applicable individual agreements, will continue to apply.

SECTION 22 – DISCLAIMER OF WARRANTIES

Except where expressly agreed otherwise or required by applicable law, the website, information and Services are provided on an “as is” and “as available” basis.

We do not warrant that use of the website will always be uninterrupted, timely, secure or error-free.

Professional recommendations and implementation work are based on the information reasonably available at the time the service is performed.

No guarantee is made that any recommendation, implementation or professional service will produce a particular commercial outcome.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

SECTION 23 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Daniel Woik will not be liable for indirect, incidental, special or consequential losses arising from the use of the Services, including loss of profits, revenue, savings, data or business opportunities.

Daniel Woik is not responsible for losses caused by third-party platforms, apps, payment providers, advertising platforms or other external services outside our reasonable control.

Nothing in these Terms limits or excludes liability where such limitation or exclusion is prohibited by applicable law.

SECTION 24 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Daniel Woik from third-party claims, losses or liabilities arising directly from:

  • Your material breach of these Terms

  • Your violation of applicable law

  • Content, information or materials supplied by you that infringe the rights of another party

  • Your unlawful or unauthorised use of the Services

SECTION 25 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted or severed where necessary.

The remaining provisions will continue in full force and effect.

SECTION 26 – WAIVER AND ENTIRE AGREEMENT

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with applicable policies, service descriptions and individual written agreements, constitute the agreement governing the relevant Services.

Where an individual project agreement has been entered into, the priority provisions described in Section 11 apply.

SECTION 27 – ASSIGNMENT

You may not transfer or assign your rights or obligations under a professional service agreement without our prior written consent, except where such restriction is prohibited by applicable law.

We may assign rights or obligations where reasonably necessary in connection with the operation or transfer of the business, subject to applicable law.

SECTION 28 – GOVERNING LAW

These Terms and any separate agreements relating to our Services will be governed by the law applicable to Daniel Woik's business, unless otherwise agreed in writing or mandatory law requires otherwise.

Nothing in this section removes any mandatory rights or protections that apply and cannot legally be excluded.

SECTION 29 – HEADINGS

Headings are provided for convenience and organisation only and do not affect the interpretation of these Terms.

SECTION 30 – CHANGES TO THESE TERMS

The current version of these Terms is available on this page.

We may update these Terms from time to time to reflect changes to our Services, business practices or applicable requirements.

Changes will apply from the effective date of the updated Terms and will not retrospectively alter individually agreed project terms unless agreed with the affected customer or required by law.

SECTION 31 – CONTACT INFORMATION

Questions regarding these Terms of Service can be sent to:

Daniel Woik
info@danielwoik.com