Terms of Service

These terms apply when you use tripsterdevelopers.com, hire us for agency work, buy hosting, domain, email or care plans from us, or use our software (the Miko apps and Odoo modules, and the Akira theme). We have tried to keep them short and in plain English. Where a signed proposal, statement of work or other written agreement with you says something different, that agreement wins for that project.

1. Who we are

"Tripster Developers", "we", "us" and "our" means Tripster Developers Limited (NZBN 9429051238919), a New Zealand company, trading as Tripster Developers and as Miko Apps, based in Auckland, New Zealand. Contact: [email protected].

"You" means the person or business using our website, services or software. If you accept these terms for a business, you confirm you are authorised to bind that business.

2. Which terms apply to what

Our Privacy Policy explains how we handle personal information across all of these.

3. Agency work

3.1 Proposal first. Each project starts with a written proposal or statement of work setting out scope, price, milestones and timing. A project starts when you approve it in writing (including by email) or pay the deposit.

3.2 Changes. Work outside the agreed scope is a change. We will tell you the cost and time impact before doing it, and only go ahead once you agree.

3.3 Your part. You agree to give us timely access, content, decisions and feedback. If a delay on your side holds up the project for more than 30 days, we may re-schedule the remaining work and invoice for work completed so far.

3.4 Store access. Where we need access to your Shopify admin or other systems, we ask for collaborator or staff access limited to what the project needs, and we remove our access, or ask you to, when the work is finished. You remain responsible for your store, your data and your own customers' privacy under the laws that apply to you. When we handle your customers' personal information during a project, we do so only on your instructions and only for the project (see the Privacy Policy).

3.5 Acceptance. Unless the proposal says otherwise, a deliverable is accepted when you approve it or put it into live use, or 10 business days after we deliver it if you have not reported a defect in that time.

3.6 Warranty on our code. For 30 days after acceptance we will fix, at no charge, defects in code we wrote that stop it working as described in the proposal. This does not cover changes made by anyone else, third-party apps, themes or services, or platform changes after delivery.

4. Fees, invoices and refunds (agency work)

4.1 Prices are in the currency stated on the quote. Where GST or another tax applies, it is shown on the invoice.

4.2 Most projects need a deposit to reserve the time, then milestone payments. Invoices are due within 7 days unless the proposal says otherwise.

4.3 If an invoice is overdue by more than 14 days, we may pause work until it is paid.

4.4 Deposits cover time we reserve and turn away other work for, so they are not refundable once work has started, except where the law says otherwise (see section 12) or we fail to deliver what we agreed.

5. Intellectual property (agency work)

5.1 When you have paid in full, you own the custom code, designs and content we created specifically for your project.

5.2 We keep ownership of our pre-existing tools, libraries, frameworks, know-how and anything we build that is not specific to you. Where these are part of your deliverable, you get a non-exclusive, perpetual, royalty-free licence to use them as part of that deliverable.

5.3 Third-party items (apps, themes, fonts, images, plugins, platform code) stay under their own licences.

5.4 Unless you ask us not to in writing, we may name you as a client and describe the work in general terms in our portfolio. We will never publish your confidential information or your customers' data.

6. Hosting, domains, business email and care plans

6.1 How ordering works. You request a plan through our website or by email. We confirm the order, set it up, then send you a secure payment link. The service starts when we confirm it is set up and you have paid.

6.2 Who provides the infrastructure. We resell and manage hosting, email and domain registration provided by our hosting and domain partners. Their acceptable use rules apply to your use as well as ours, and we will give you a copy on request.

6.3 Billing and cancellation. Hosting, email and care plans are billed monthly or yearly in US dollars, in advance. You can cancel a monthly plan with 30 days notice. Yearly plans can be cancelled at any time and the service continues until the end of the paid year; the unused part of the year is not refunded. Domains are billed yearly and are not refundable once registered or renewed, because the registry charges us at that point.

6.4 Price changes. We will give you at least 30 days notice by email of any price change, and you may cancel before it takes effect.

6.5 Domains. Domains are registered in your name (or your business's name) as registrant, not ours, unless you ask otherwise in writing. You must give accurate registrant details, because registries require them and publish some of them in public lookup services according to their own rules. Registrations are subject to the rules of the registry for each extension, including InternetNZ's .nz policies, auDA's rules for .au and ICANN's registrant rights for generic extensions. Some extensions have eligibility rules we will check before registering. We will remind you before a renewal is due; if a renewal is not paid, the domain can expire and may be lost. We will release the transfer code to you on request, subject to registry lock periods.

6.6 Acceptable use. You must not use our hosting or email for anything unlawful, for spam or unsolicited bulk email (including messages that breach the Unsolicited Electronic Messages Act 2007), for malware, phishing, or content that infringes someone else's rights, or in a way that harms the servers or other customers. We may suspend a service without notice if it is being used this way or has been compromised, and will tell you as soon as we reasonably can.

6.7 Your content and your data. You own the websites, files, databases and emails you store with us. We access them only to provide, support, secure and back up the service, or where the law requires. For this content we act on your behalf as a service provider, and you are responsible for having the right to store it and for your own privacy obligations to the people it is about.

6.8 Backups. We take nightly backups as described on the plan page and keep them on a short rolling schedule. Backups are a safety net, not a guarantee. You should keep your own copy of anything you cannot afford to lose.

6.9 Uptime. We aim for high availability but do not guarantee uninterrupted service, because it depends on our upstream providers and the wider internet.

6.10 When a service ends. When you cancel, or a service ends for non-payment, we keep your hosting and email data for 30 days so you can take a copy or move elsewhere, then delete it. We will help you move to another provider on request.

6.11 Care plans. Care plan inclusions (updates, monitoring, developer time) are as described on the plan page at the time you order. Unused monthly developer time does not carry over.

7. Miko Shopify apps

7.1 Install and billing. You install Miko apps through the Shopify App Store. Charges, free trials and plan changes are handled by Shopify's billing system and appear on your Shopify invoice. Uninstalling stops future charges. Refunds of app charges are at our discretion unless the law requires otherwise, and are issued through Shopify.

7.2 Licence. While you have the app installed and any charges are paid, we give you a non-exclusive, non-transferable, revocable licence to use it on the Shopify store it is installed on. You must not copy, resell, reverse engineer or attempt to access the app's servers or other merchants' data.

7.3 Your data and your customers. The app processes your store data, and in some apps your customers' personal information, only to provide the features you use. You are the business responsible for your customers' personal information and for telling them how it is used, including through your own store privacy policy. We handle it as your service provider, as set out in the Privacy Policy and the Shopify API Terms.

7.4 AI features. Some apps use AI services to generate text or suggestions. Generated content can be wrong. You should review it before publishing or acting on it, and you are responsible for what you publish on your store.

7.5 Changes and discontinuation. We may change or improve app features. If we decide to discontinue an app, we will give installed merchants at least 60 days notice, where we reasonably can, and a way to export their data.

7.6 Affiliate program. Our affiliate program for Miko apps runs on the Shoffi platform. Commission rates, qualifying referrals and payouts are as stated on our affiliates page and in Shoffi's terms at the time of the referral. We may end or change the program with 30 days notice; commission already earned is still paid.

8. Miko Odoo modules

Modules sold through the Odoo Apps store are licensed under the licence named in the module (Odoo Proprietary License v1.0 for paid modules, LGPL-3 for free ones), and bought and refunded through Odoo's own store. They run inside your own Odoo database. They do not send your Odoo data to us. Connector modules send data only to the other platform you connect them to (for example your Shopify, WooCommerce or Magento store), using credentials you provide.

9. Akira theme

When Akira is available on the Shopify Theme Store, it is sold there as a one-time purchase. Each purchase gives you a non-exclusive, non-transferable licence to use Akira on one Shopify store. You may not resell, redistribute, sublicense or share its source files. Updates are included for as long as the theme is available on the Theme Store. Refunds are handled under Shopify's Theme Store refund policy.

10. Confidentiality

Each of us will keep the other's confidential information private and use it only for the work. This does not cover information that is already public, that we already had, or that the law requires us to disclose. This lasts for 3 years after the work ends, and for as long as the information remains a trade secret.

11. Our website

11.1 Content on tripsterdevelopers.com, including calculators, estimates, guides and pricing examples, is general information, not a quote or professional advice for your situation.

11.2 Links to other websites are for convenience. We are not responsible for their content or privacy practices.

11.3 Content on the site is ours or used with permission. You may share links and short quotes with credit. You may not copy the site in bulk.

12. Consumer law

12.1 Business customers. Our services are designed for businesses. If you are acquiring them for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, to the extent the law allows, and that this is fair and reasonable. Similar business-to-business exclusions apply under the consumer laws of other countries to the extent those laws allow.

12.2 Consumers. If you are a consumer, nothing in these terms limits rights you have that cannot be excluded by law, such as the guarantees under New Zealand's Consumer Guarantees Act 1993 or the Australian Consumer Law. Where a term would be void or unfair under those laws, it does not apply to you.

13. Liability

13.1 We are not responsible for losses caused by things outside our reasonable control, including outages or changes at Shopify, Odoo, registries, hosting or email providers or other third parties, or by your own changes to your store or systems.

13.2 Neither of us is liable to the other for loss of profit, revenue, data or goodwill, or for any indirect or consequential loss.

13.3 Our total liability for any claim relating to a service or product is limited to the fees you paid us for that service or product in the 12 months before the claim arose.

13.4 Nothing in this section limits liability for fraud, wilful misconduct, or anything else that cannot be limited by law.

14. Ending the relationship

Either of us may end an agency engagement with 14 days written notice. You pay for work done up to the end date. Either of us may end any service straight away if the other seriously breaches these terms and does not fix it within 14 days of being asked. Sections that by their nature continue (fees owed, intellectual property, confidentiality, liability) survive.

15. Disputes and governing law

These terms are governed by New Zealand law. If a dispute comes up, we will first try to resolve it by talking, then by mediation in Auckland if needed, before either of us goes to court. The New Zealand courts have jurisdiction, but this does not remove any right a consumer has to bring a claim in their own country.

16. Changes to these terms

We may update these terms. The date at the top shows the latest version. For ongoing paid services we will email you at least 30 days before a change that materially affects you, and you may cancel before it takes effect. Changes do not apply to a signed proposal already in progress unless we both agree.

17. Contact

Tripster Developers Limited (NZBN 9429051238919), trading as Tripster Developers, Auckland, New Zealand. Email [email protected].