Terms and Conditions | An Opencart Expert

Terms and Conditions

Last updated: 27 October 2026

These Terms and Conditions ("Terms") govern your use of anopencartexpert.com (the "Website") and the services provided by An Opencart Expert ("we", "us", "our"), including OpenCart store development, rebuilds, bug fixing, support, extensions, theme customization, version upgrades, hosting, and digital marketing and SEO (the "Services"). By using the Website or engaging us, you agree to these Terms. If you do not agree, please do not use the Website or the Services.

1. About us

An Opencart Expert
45 Fitzroy Street, London, United Kingdom, W1T 6EB
Phone: +44 20 3973 9209
Email: info@anopencartexpert.com

2. Definitions

  • "Client" means the person or business that engages us to provide Services.
  • "Agreement" means these Terms together with the applicable quote, proposal, order form or statement of work.
  • "Deliverables" means the websites, code, designs, configurations, reports and other materials we create for the Client under the Agreement.
  • "Client Materials" means content, data, logos, products, access credentials and other materials supplied by the Client.
  • "Third-Party Software" means OpenCart, extensions, modules, themes, plugins, libraries, hosting platforms, payment gateways and other software or services not owned by us.

3. Use of the Website

You may use the Website for lawful purposes only. You must not attempt to gain unauthorised access to the Website or our systems, introduce malware, scrape the Website in a way that harms its operation, or use it to send unsolicited or unlawful communications. We aim to keep the Website accurate and available but do not guarantee uninterrupted access, and information on the Website is provided for general purposes and does not constitute a binding offer.

4. Our Services

We will provide the Services described in the Agreement with reasonable skill and care. The scope, timeline, milestones and fees will be set out in the quote or statement of work. Any work outside the agreed scope, including additional features, new requirements or repeated revisions beyond those agreed, will be treated as a change request and may be charged separately. Timelines are estimates unless expressly agreed otherwise and depend on the Client providing timely feedback, content and access.

5. Quotes, orders and contract formation

Quotes are valid for 30 days unless stated otherwise. A binding contract is formed when the Client accepts a quote or proposal in writing (including by email) or pays a deposit or first invoice, and we confirm we will proceed. We may decline any project at our discretion.

6. Client responsibilities

The Client agrees to:

  • provide accurate and complete information, Client Materials and timely approvals;
  • provide the access we reasonably need (for example hosting, FTP, database, OpenCart admin), and ensure it is lawful for us to use;
  • keep full, current backups of the website and data before we begin work, unless we have expressly agreed to take and verify a backup as part of the Services;
  • ensure it holds all rights and licences needed for the Client Materials, including images, text, fonts, trademarks and product data, and that they do not infringe third-party rights or breach law;
  • comply with all laws applicable to its business and store, including consumer protection, data protection, e-commerce, tax and advertising laws.

Delays caused by the Client may extend timelines and may result in additional charges.

7. Fees and payment

  • Fees are set out in the quote or statement of work and are stated in the currency shown, exclusive of VAT and other applicable taxes unless stated otherwise.
  • Unless otherwise agreed, fixed-price projects require a deposit before work begins, with the balance invoiced on agreed milestones or on completion. Hourly work is invoiced in arrears or in prepaid blocks as agreed.
  • Invoices are payable within 14 days of the invoice date unless stated otherwise. We may charge interest on late payments at the rate allowed under the Late Payment of Commercial Debts (Interest) Act 1998, together with reasonable recovery costs.
  • We may suspend Services, withhold Deliverables or restrict access to hosted environments while any invoice is overdue.
  • Third-party costs (for example extension licences, hosting, domain names, premium themes, advertising spend, stock images) are the Client's responsibility unless expressly included in our fee.
  • Deposits and fees for work already performed are non-refundable, except where we materially fail to provide the Services and cannot remedy the failure within a reasonable time, or where the law requires otherwise.

8. Support and hourly services

Support is provided on an hourly basis unless a support plan is agreed in writing. Time is recorded in reasonable increments (as set out in the quote) and covers diagnosis, communication, development and testing. Support requests are handled in good faith within normal business hours (UK time, Monday to Friday, excluding public holidays) unless otherwise agreed, and response times are targets, not guarantees. Support is limited to the OpenCart store and components identified in the Agreement; issues caused by third-party extensions, hosting providers, server changes, unauthorised modifications or software we did not create may require additional time and fees.

9. Hosting services

Where we provide or resell hosting, the following applies:

  • Hosting is provided on a fair-use basis within the resource limits of the selected plan, and may be subject to the terms of our underlying infrastructure providers.
  • We aim for high availability but do not guarantee uninterrupted or error-free service. Scheduled maintenance will be carried out with reasonable notice where practicable.
  • We may suspend or terminate hosting for unlawful content, malware, spam, abuse of resources, security threats or non-payment.
  • Unless a managed backup service is expressly included in writing, the Client remains responsible for maintaining its own backups.
  • Hosting fees are charged in advance for the billing period and renew automatically unless cancelled in writing before the renewal date, with the notice period stated in the quote (or 30 days if none is stated).

10. Digital marketing and SEO

We will use reasonable skill and care to deliver SEO, paid advertising and other marketing Services, but because search engines and advertising platforms are controlled by third parties and change their algorithms and policies without notice, we do not guarantee any specific ranking, traffic, leads, sales, return on investment or ad approval. Advertising spend is paid by the Client directly to the platform unless agreed otherwise. The Client is responsible for the accuracy of product and business claims it asks us to publish and must comply with applicable advertising platform policies and laws.

11. Third-party software, extensions and OpenCart

OpenCart is an open-source platform owned and maintained by third parties, and we are an independent service provider, not affiliated with, endorsed by or an agent of OpenCart Limited or any other third-party vendor unless expressly stated. Third-Party Software is licensed under its own terms, and the Client is responsible for complying with them and for paying any licence fees. We are not responsible for defects, security vulnerabilities, incompatibilities, discontinuation or changes in Third-Party Software, including updates that affect the functionality of the Client's store.

12. Intellectual property

  • Client Materials remain the property of the Client (or its licensors). The Client grants us a non-exclusive licence to use them to provide the Services.
  • Deliverables: subject to full payment, we assign to the Client the intellectual property rights in the bespoke Deliverables we create specifically for the Client, excluding Third-Party Software and our Pre-Existing Materials.
  • Pre-Existing Materials: we retain all rights in our pre-existing tools, code libraries, frameworks, templates and know-how, and in general techniques developed during the Services. To the extent these are incorporated into a Deliverable, we grant the Client a perpetual, worldwide, non-exclusive, non-transferable licence to use them as part of that Deliverable.
  • Open-source and Third-Party Software remain subject to their original licences, including GPL where applicable.
  • Until full payment is received, our rights in the Deliverables remain with us and the Client's use is limited to review and testing.

13. Confidentiality and data protection

Each party will keep the other's non-public business and technical information confidential and use it only for the purposes of the Agreement, except where disclosure is required by law or to professional advisers and subcontractors bound by similar duties. We treat access credentials as confidential and will use them only to provide the Services; the Client should change credentials or revoke access once work is complete. Our handling of personal data is described in our Privacy Policy. Where we process personal data of the Client's customers on the Client's behalf, we act as processor and will do so only on the Client's documented instructions in accordance with applicable data protection law, and the parties will enter into a data processing agreement on request.

14. Warranties and disclaimers

  • We warrant that we will perform the Services with reasonable skill and care.
  • We will use reasonable efforts to correct, free of charge, defects in bespoke Deliverables that are reported in writing within 30 days of delivery and that cause the Deliverable to not conform to the agreed specification. This warranty does not cover issues caused by changes made by anyone other than us, Third-Party Software, hosting or server changes, misuse, or new requirements.
  • Except as expressly stated in these Terms, and to the fullest extent permitted by law, we exclude all other warranties, conditions and terms, whether express or implied, including fitness for a particular purpose and uninterrupted or error-free operation. We do not guarantee that any website or system will be free from all bugs, vulnerabilities or downtime.

15. Limitation of liability

  • Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be limited or excluded by law.
  • Subject to the above, we are not liable for any loss of profit, revenue, business, goodwill, anticipated savings or data, or for any indirect or consequential loss, arising out of or in connection with the Agreement, whether in contract, tort (including negligence) or otherwise.
  • Subject to the above, our total aggregate liability arising under or in connection with an Agreement is limited to the fees paid by the Client to us under that Agreement in the 12 months preceding the event giving rise to the claim.
  • We are not liable for loss arising from the Client's failure to keep backups, from third-party platforms, or from the acts or omissions of third parties.

If you are a consumer, your statutory rights are not affected. Our Services are provided principally to businesses.

16. Indemnity

The Client will indemnify us against claims, losses and reasonable costs arising from (a) the Client Materials infringing a third party's rights, (b) the Client's breach of law or these Terms, or (c) the content, products, advertising claims or business operations of the Client's store, except to the extent caused by our breach of the Agreement.

17. Term and termination

  • The Agreement continues until the Services are completed or it is terminated in accordance with these Terms. Ongoing Services (such as hosting or support plans) continue until terminated with at least 30 days' written notice, or the notice period stated in the quote.
  • Either party may terminate immediately by written notice if the other commits a material breach that is not remedied within 14 days of notice, or becomes insolvent.
  • If the Client terminates a project for convenience, it will pay for all work performed and costs committed up to the termination date.
  • On termination, all unpaid sums become immediately due, and provisions intended to survive (including payment, intellectual property, confidentiality, liability and governing law) will remain in effect.

18. Portfolio and publicity

Unless the Client notifies us in writing that it objects, we may identify the Client and display the completed project (name, logo, screenshots and a link) in our portfolio and marketing materials. We will not disclose confidential information or customer data.

19. Force majeure

Neither party is liable for delay or failure to perform obligations (other than payment) caused by events beyond its reasonable control, including internet or power outages, hosting or platform failures, cyber attacks, pandemics, strikes, natural disasters or government action.

20. General

  • Entire agreement: the Agreement is the entire agreement between the parties regarding its subject matter and supersedes prior discussions.
  • Changes: we may update these Terms from time to time. Updated Terms apply to the Website on publication, and to existing Agreements only when agreed in writing, except where changes are required by law.
  • Assignment and subcontracting: we may subcontract part of the Services but remain responsible for their performance. The Client may not assign the Agreement without our written consent.
  • Severability and waiver: if any provision is held invalid, the remainder continues in effect. A failure to enforce a right is not a waiver of it.
  • Third-party rights: no one other than the parties has rights to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
  • Notices: notices must be in writing and sent to the contact details above (for us) or to the email address the Client provided (for the Client).
  • Relationship: nothing in these Terms creates a partnership, joint venture or employment relationship.

21. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that we may seek injunctive relief or recover unpaid fees in any competent court.

22. Contact us

If you have any questions about these Terms, please contact us:

An Opencart Expert
45 Fitzroy Street, London, United Kingdom, W1T 6EB
Email: info@anopencartexpert.com
Phone: +44 20 3973 9209

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