Terms of Service (ToS)
Last Updated: March 2026
This document dictates the rules of engagement between ShiftNode Digital and the Client. It establishes strict boundaries around scope, limits your financial liability, and ensures you retain leverage in the event of non-payment.
1. Acceptance of Terms
By engaging ShiftNode Digital for digital infrastructure, web architecture, or management services, the Client agrees to be bound by these Terms of Service. These terms apply to all custom builds, deployed prototypes, and ongoing infrastructure management plans.
2. Service Architecture and Deliverables
ShiftNode Digital operates on a custom Website-as-a-Service model. Services are divided into two distinct phases:
- Phase 1: Strategy and Architecture Build.A custom-quoted project covering the design, engineering, and deployment of the agreed-upon web infrastructure.
- Phase 2: Managed Infrastructure Retainer.An ongoing monthly subscription covering edge-network hosting, security protocols, and defined content management.
3. Custom Payment Terms and Default
All build fees, required deposits, and payment schedules are calculated based on project complexity and will be explicitly defined in the Client's individual Master Service Agreement (MSA). A non-refundable deposit is required before any custom domain mapping, source code transfer, or final launch occurs.
Ongoing infrastructure management fees are custom-quoted based on the project's bandwidth and security requirements. These are billed automatically on a recurring 30-day cycle.
If any payment fails or is delayed by more than 14 days, ShiftNode Digital reserves the right to immediately suspend the website's hosting and services until the account is brought current. ShiftNode Digital is not liable for any lost revenue or business interruption during a suspension period.
4. Strict Scope Boundaries
The project scope is strictly limited to the exact deliverables outlined in the Client's approved MSA.
Any requests outside this negotiated scope (including complex software integrations, third-party API connections, or additional pages) will require a formal Change Order. These additions will be billed at the custom hourly engineering rate explicitly defined in the Client's MSA.
ShiftNode Digital reserves the right to halt production if the Client repeatedly attempts to expand the scope without approving an additional invoice.
5. Intellectual Property and Licensing
The Client retains full ownership of all text, branding, logos, and proprietary images provided to ShiftNode Digital.
ShiftNode Digital retains exclusive ownership of the underlying proprietary code, tech stack, and administrative infrastructure. Upon payment of all outstanding invoices, the Client is granted a non-exclusive, revocable license to use the website as long as their account remains in good standing.
6. Warranties and Limitation of Liability (The "As-Is" Clause)
ShiftNode Digital engineers high-performance infrastructure but provides the service on an "as-is" and "as-available" basis.
We do not guarantee 100% uninterrupted uptime and are not liable for any lost profits, lost data, or business interruption resulting from global server outages, third-party network failures, or malicious cyber attacks.
We do not guarantee specific business results, search engine ranking positions (SEO), or conversion rates.
Liability Cap: In no event shall ShiftNode Digital's total liability exceed the total amount paid by the Client to ShiftNode Digital in the three months preceding the claim.
7. Client Indemnification
The Client agrees to indemnify and hold harmless ShiftNode Digital against any claims, lawsuits, or damages arising from the Client's provided content. This includes, but is not limited to, copyright infringement regarding images or text supplied by the Client, and the Client's failure to comply with local accessibility laws or privacy regulations.
8. Force Majeure
ShiftNode Digital shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, governmental actions, or catastrophic failures of global telecommunications networks.
9. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the Czech Republic. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of the Czech Republic.