Last updated: February 2026
These Terms of Service ("Terms") govern your use of the services provided by NewMotion IT, Inc. ("NewMotion IT", "we", "us", or "our"), including our website at newmotionit.com and any retainer or development services. By engaging our services or using our website, you agree to these Terms.
NewMotion IT provides unlimited Shopify development and related digital services on a monthly retainer basis. The scope of services, deliverables, and specific terms are defined in the applicable service agreement or proposal agreed upon between NewMotion IT and the client.
"Unlimited" requests are subject to reasonable use. We reserve the right to manage workload priority and do not guarantee simultaneous completion of all requests. Each retainer covers one active task at a time unless otherwise agreed in writing.
Retainer fees are billed monthly in advance. Payment is due on the billing date specified in your service agreement. All fees are in US dollars unless otherwise stated.
Late payments may result in a pause or suspension of services. We reserve the right to charge a late fee of 1.5% per month on outstanding balances not paid within 10 days of the due date.
All fees are non-refundable except as expressly stated in Section 3 below.
The retainer operates as a monthly subscription. You may cancel at any time before your next billing date and no further charges will be made. If you are charged for a new billing period and no work has been completed in that period, you may request a full refund within 7 days of the charge.
Refund requests must be submitted in writing to hello@newmotionit.com. Refunds are not issued for billing periods in which work has been completed or is in progress.
Upon receipt of full payment for a billing period, all custom code, designs, and deliverables created specifically for you during that period become your property. NewMotion IT retains the right to use general methodologies, frameworks, and non-client-specific code in other projects.
NewMotion IT retains all rights to tools, libraries, templates, and pre-existing intellectual property used in delivering services. These are licensed to you for use within the deliverables but are not transferred.
You grant NewMotion IT permission to display work completed for you in our portfolio unless you notify us in writing that you wish to keep the project confidential.
You are responsible for providing timely access, content, credentials, and feedback required to deliver services. Delays caused by your failure to provide necessary materials may result in timeline adjustments without liability to NewMotion IT.
You represent that you own or have the right to use any content, trademarks, images, or other materials you provide to us, and that such materials do not infringe any third-party rights.
Both parties agree to keep confidential any proprietary or non-public information shared during the engagement. This obligation survives termination of the service agreement for a period of two (2) years.
To the maximum extent permitted by applicable law, NewMotion IT shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption.
Our total aggregate liability for any claims arising out of or related to our services shall not exceed the total fees paid by you in the three (3) months immediately preceding the claim.
We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. We do not guarantee specific business outcomes, revenue increases, or search engine rankings as a result of our services.
Except as expressly stated, services are provided "as is" without warranty of any kind, express or implied.
Our services are often performed within or upon third-party platforms (e.g., Shopify, Sanity). We are not responsible for changes, outages, or policy updates made by those platforms. You are responsible for maintaining valid accounts and subscriptions on any required third-party platforms.
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Montgomery County, Maryland.
We may update these Terms from time to time. We will notify active clients of material changes via email. Continued use of our services after such changes constitutes acceptance of the updated Terms.
If you have any questions about these Terms, please contact us at:
NewMotion IT, Inc.
12410 Milestone Center Drive, Suite 600
Germantown, Maryland 20876
United States
hello@newmotionit.com
