Terms & Conditions

1. Acceptance of these terms

By using this website, submitting an inquiry or service request, approving a quotation, paying an invoice, or asking Buildmerce to begin work, you agree to these Terms & Conditions. If you act for a business, you confirm that you are authorised to accept these terms for that business.

2. About Buildmerce

Buildmerce provides ecommerce technology and WooCommerce services, including website development, StoreCheck reviews, technical fixes, tracking setup, speed and performance work, mobile and checkout optimisation, WordPress support and ecommerce growth support. The exact service is defined by the applicable service page, written quotation, proposal, statement of work, order confirmation or other written agreement.

3. Service requests are not automatic acceptance

Submitting the checkout form records a request for review. It does not by itself require Buildmerce to accept the project, begin work or provide credit. Buildmerce may request more information, decline work, or propose a different scope, schedule or price. Work begins only after Buildmerce confirms acceptance and any agreed starting requirements are met.

4. Scope of services

Only items expressly included in the accepted written scope are included. Anything not listed is excluded unless added through a written change request. Examples, discussions, demonstrations and website copy are informative unless incorporated into the accepted scope.

5. Quotations and proposals

A quotation or proposal is based on the information available when prepared and may have its own validity period. If requirements, third-party costs, technical conditions or assumptions change before acceptance, Buildmerce may revise it. Taxes, licences, subscriptions, paid extensions, advertising spend and third-party charges are excluded unless expressly stated otherwise.

6. Client responsibilities

You must provide accurate information, timely decisions, suitable access, content, approvals and a responsive authorised contact. You are responsible for reviewing your business, tax, pricing, product, shipping, returns, privacy and other operational requirements. Delays or incomplete information from you may change the schedule or cost.

7. Client content and permissions

You confirm that you have the rights and permissions needed for all text, images, trademarks, customer data, software, credentials and other material you provide. You remain responsible for its accuracy, legality and suitability. Buildmerce may refuse material that reasonably appears unlawful, harmful, deceptive or infringing.

8. Timelines and dependencies

Any timeline is an estimate unless a written agreement expressly states otherwise. Delivery depends on scope stability, client responses, access, third parties, platform availability and other factors outside Buildmerce’s reasonable control. Buildmerce will communicate material changes when reasonably possible.

9. Reviews and approvals

You must review deliverables and provide clear, consolidated feedback within a reasonable time. An approval authorises Buildmerce to proceed on that basis. Later changes to approved work may be treated as additional scope.

10. Revisions and change requests

Included revisions, if any, are those stated in the accepted scope. New features, changed direction, repeated revisions, new content, additional integrations, remediation of client or third-party changes, and work outside the accepted scope may require a new quotation, fee or timeline.

11. Fees and payment

Fees, deposits, milestones, due dates and payment methods are set out in the applicable written agreement or invoice. Unless expressly stated otherwise, checkout does not collect payment and the displayed service price is subject to Buildmerce’s review of the actual requirements. You are responsible for approved fees and applicable taxes.

12. Refunds

Because services involve reserved time, analysis and customised work, refunds are assessed according to the accepted scope, work completed, costs committed and applicable law. Fees for completed work, delivered reviews, non-recoverable third-party costs and time already used are generally not refundable. Nothing here removes a non-waivable consumer right.

13. Inactive or delayed projects

If a project becomes inactive because required content, access, feedback, approval or payment is missing, Buildmerce may pause it and reschedule remaining work according to availability. Restarting may require updated scope, pricing or technical review where circumstances have changed.

14. Third-party products and services

Hosting, domains, WordPress, WooCommerce, themes, plugins, payment services, Meta products, analytics tools, email services and other third-party systems are governed by their own terms, pricing, availability and policies. Buildmerce does not control them and is not responsible for their outages, changes, account decisions, security incidents or discontinuation.

15. Results and business outcomes

Buildmerce does not guarantee sales, revenue, profit, rankings, traffic, conversion rates, advertising performance or other commercial outcomes. Results depend on factors including the offer, pricing, inventory, market, content, customer service, advertising, competition and client decisions.

16. Analytics and tracking

Tracking work is implemented within the agreed technical scope and information available at the time. Browser controls, consent settings, ad blockers, platform attribution, device restrictions and third-party changes can affect reported data. You are responsible for deciding what consent notices and lawful bases your business requires.

17. Software, licences and subscriptions

Unless expressly included, you are responsible for purchasing and renewing required licences, subscriptions and accounts. A feature may stop working if a required licence or subscription expires. Buildmerce is not required to provide its own agency licence or transfer a non-transferable licence.

18. Accounts and access

You must provide only the access reasonably required for the agreed work and ensure you are authorised to provide it. Use separate accounts or temporary credentials where practical. You should remove access when it is no longer needed and must not submit passwords through public forms.

19. Security

Buildmerce uses reasonable care within the agreed scope, but no website, account or transmission can be guaranteed completely secure. You remain responsible for strong passwords, multi-factor authentication where available, appropriate permissions, staff practices, fraud monitoring and prompt action on security warnings.

20. Backups and restoration

Unless backup or restoration services are expressly included, you are responsible for maintaining current, tested backups of websites, databases, content and configurations. Before granting access or approving changes, you should ensure a recoverable backup exists. Restoration depends on available backup quality and may require additional work.

21. Privacy and personal data

Buildmerce handles information submitted through this site as described in the Privacy Policy. Each party is responsible for its own legal obligations regarding personal data. You must not provide unnecessary customer data, secrets or sensitive information and must give Buildmerce lawful instructions when data handling is part of the service.

22. Ecommerce operations

You are responsible for store policies, products, pricing, inventory, taxes, fulfilment, refunds, chargebacks, customer service, prohibited items and compliance applicable to your business. Buildmerce provides technical services and does not become the merchant, seller, payment processor or fulfilment provider.

23. Artificial intelligence tools

If AI-assisted tools are used within an agreed service, outputs may be incomplete or inaccurate and require human review. Unless expressly agreed, do not provide confidential, sensitive or personal data for AI processing. You remain responsible for approving final public content and decisions.

24. Browser and device compatibility

Buildmerce aims for reasonable compatibility with current mainstream browsers and responsive device sizes relevant to the agreed scope. Exact rendering cannot be identical across every browser, operating system, device, extension or future version. Support for obsolete or unusual environments must be expressly agreed.

25. Accessibility

Buildmerce may apply practical accessibility measures within the agreed scope, but does not guarantee compliance with a specific standard or law unless a written accessibility audit and target are expressly included. You remain responsible for content, operational processes and obtaining specialist advice where required.

26. Client or third-party changes

Buildmerce is not responsible for issues caused by changes made by you, another provider, an administrator, a plugin, an update, malware, hosting, DNS or another third party after delivery. Investigating or correcting those issues may be charged separately.

27. Defects and limited correction

If you promptly report a reproducible defect in Buildmerce’s delivered work, Buildmerce will reasonably assess whether it departs from the accepted scope. Any correction commitment, support window or exclusion is governed by the applicable written agreement. New requirements, content changes and third-party failures are not defects.

28. Maintenance and support

Ongoing maintenance, monitoring, updates, backups, security, content changes and support are not included after completion unless expressly stated. Separate support may be offered subject to availability and an agreed scope.

29. Intellectual property

Upon full payment, you receive the rights expressly stated in the accepted agreement for final custom deliverables. Buildmerce retains ownership of its pre-existing materials, know-how, methods, reusable code, tools, templates and general components. Third-party materials remain subject to their own licences.

30. Portfolio use

Unless confidentiality or a written agreement prevents it, Buildmerce may identify publicly launched work and display non-confidential screenshots, links and a factual description in its portfolio or marketing. You may request reasonable limitations before publication.

31. Confidentiality

Each party will use reasonable care to protect non-public information received for the work and use it only for the project or legitimate business administration. This does not apply to information already public, independently developed, lawfully received from another source, or required to be disclosed by law.

32. Taxes and records

Each party is responsible for its own taxes and records. You must provide accurate billing information and pay applicable taxes or charges identified in the accepted agreement or required by law.

33. Suspension

Buildmerce may pause work or access where payment is overdue, required cooperation is missing, instructions create material risk, use appears unlawful or abusive, or continuing could harm systems, data, reputation or another person. Where reasonable, Buildmerce will explain what is needed to resume.

34. Termination

Either party may end a service according to the applicable written agreement or, if it is silent, by reasonable written notice. You remain responsible for completed work and committed non-recoverable costs. Buildmerce will provide paid-for deliverables reasonably available at termination, subject to security, legal and third-party restrictions.

35. Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, conflict, government action, widespread internet or power failure, labour disruption, platform failure or serious security incidents. Obligations will resume when reasonably possible.

36. Independent service provider

Buildmerce acts as an independent service provider. These terms do not create employment, partnership, joint venture, agency, fiduciary duty or authority for either party to bind the other.

37. Indemnification

To the extent permitted by applicable law, you agree to be responsible for third-party claims, losses and reasonable costs arising from content or materials you supplied, your unlawful use of deliverables, your products or store operations, or your material breach of these terms. This provision is subject to any rights or limits that cannot lawfully be excluded.

38. Limitation of liability

To the fullest extent permitted by applicable law, Buildmerce is not liable for indirect, incidental, special, punitive or consequential loss, or for lost profits, revenue, goodwill, data or business opportunity. Buildmerce’s total aggregate liability arising from a specific service or project will not exceed the fees actually paid to Buildmerce for that specific service or project. This limit does not apply where liability cannot lawfully be limited.

39. No lifetime guarantee

Technology, browsers, platforms and business requirements change. Delivery or correction of work does not create a lifetime warranty, permanent compatibility promise or obligation to provide indefinite free support.

40. Notices and communications

Operational notices, approvals and changes may be communicated through the contact details and channels used for the project. You are responsible for keeping those details current and for reviewing communications in a timely manner.

41. Good-faith dispute resolution

If a dispute arises, the parties should first provide a clear written description and make a reasonable good-faith effort to resolve it directly. Nothing in this section prevents urgent protective action or the exercise of a right that cannot lawfully be restricted.

42. Governing law

These terms are governed by the laws of Bangladesh, without excluding any mandatory protection that applies under other applicable law. Disputes not resolved directly may be brought before a court or authority with lawful jurisdiction.

43. Consumer rights

If you qualify as a consumer, mandatory consumer rights continue to apply. Nothing in these terms excludes, limits or replaces a right or remedy that applicable law does not allow the parties to waive.

44. Changes to these terms

Buildmerce may update these website terms when services, practices or legal requirements change. The updated version applies from the date published unless applicable law or an accepted written agreement requires otherwise. Changes do not retroactively remove accrued rights.

45. Severability and waiver

If a provision is found invalid or unenforceable, the remaining provisions continue to apply and the affected provision is limited only as necessary. A delay or failure to enforce a right is not a waiver of that right.

46. Order of precedence and entire agreement

For a specific project, an accepted signed agreement or statement of work prevails over a quotation, which prevails over these website terms, but only where they conflict. Together with referenced policies, those documents form the agreement for that service and replace prior discussions about the same subject.

47. Contact

Questions about these terms can be sent through the Buildmerce contact page using the contact details published there.