Terms of service
Last updated: October 13, 2026
These terms cover the work I do for your Shopify store: the Diagnostic Audit, builds, and the Performance Maintenance Retainer. FosterUI is me, Robert Foster. When you accept a quote or pay an invoice, you agree to these terms.
1. What I do
I find what's slowing down a Shopify store and remove it. For each job an app does, I check whether Shopify's own features cover it first, then a well-built app, then code I write. I describe each piece of work in a quote or an audit brief before it starts, and I quote anything outside that description separately.
2. Diagnostic Audit
The audit is one fixed price, set by your store before the work starts. It doesn't change with what I find. You pay it before the work starts. I deliver a written report within 7 business days of the day I have both access to your store and an agreed audit brief.
If a build of $5,000 or more starts within 90 days of your report, the audit fee comes off it in full. Any credit on a smaller build is stated in its quote. A build has started when you've accepted its quote and paid its first invoice. The credit doesn't apply to the retainer.
3. Builds
A build starts with a quote: what I'll build, what it replaces, what it trades off, the timeline and the price. The price is fixed for the work the quote describes. Unless the quote says otherwise, I invoice 50% when you accept the quote and 50% on delivery.
Delivery is the day I tell you by email that the work is ready: for theme work, on an unpublished copy of your theme; for work outside the theme, installed on your store and not yet switched on. You decide when it goes live. If I haven't heard from you 14 days after that email, the work counts as delivered.
4. Performance Maintenance Retainer
I bill the retainer monthly in advance. It includes the monthly deliverable that you and I agree. There's no minimum term. Either of us can end it by email before the next invoice date; it stops at the end of the month already paid for.
5. Payment
Prices are in US dollars. I bill through Stripe, and you can pay by card or bank transfer (ACH). Invoices are due within 7 days. If an invoice is unpaid, I pause the work until it's paid. Any sales tax that applies to your purchase is yours to pay.
Work you hire me for through Upwork is paid and handled under Upwork's terms.
6. What I promise, and what I don't
I do the work the quote or audit brief describes, and I measure what I change. I don't promise a particular speed score, ranking or sales result, because those depend on things outside my work.
7. Your store, and how I work in it
You give me collaborator or staff access to your store. For theme work, I work on an unpublished copy of your theme. Work outside the theme I install on your store and don't switch on. Either way, you decide when it goes live. Keep your own backups of anything you change outside my work. You're responsible for your store's content, apps, settings and the accounts that run it.
8. Apps and Shopify
Apps, Shopify's platform and other services change on their own schedules. I'm not responsible for problems they cause, for data an app collected before it was removed, or for outages outside my control. Where a build depends on a Shopify plan (for example Shopify Plus), the quote says so.
9. Fixes after delivery
If something I built doesn't work as the quote describes, and you tell me within 30 days of delivery, I fix it at no charge. Changes to what the quote describes are new work and get their own quote.
10. Who owns the work
Once a build is paid in full, you own the code I wrote for your store. I keep the right to reuse general techniques and code that isn't specific to your store.
11. Confidentiality
I keep your store's data, code and business information private. I share them only with the services I use to do the work, listed in the privacy policy. I may describe the work I did without naming your store; if you'd rather I didn't describe it at all, tell me and I won't.
12. Liability
My total liability for any piece of work is limited to what you paid for that piece of work. I'm not liable for lost sales, lost profits or other indirect losses.
13. Cancelling
You can cancel a build at any time by email. If you cancel before I begin work on your store, I refund the first payment. Once I've begun, it covers the work done and isn't refunded, and nothing more is owed. If I end a build before delivery, I refund the part of the first payment that the work done doesn't cover. Because that refund is on me, it includes the processing fee. The audit fee isn't refunded once the audit has started (see the refund policy).
14. Changes to these terms
I may update these terms. Work already quoted keeps the terms that applied when you accepted the quote.
15. Disputes and law
If something goes wrong, email me first and I'll work to put it right. These terms are governed by the laws of the State of Florida, and any dispute is heard in Nassau County, Florida.
Questions: robert@fosterui.com