Terms of Service

These terms govern the design, development and AI services provided by Ninja Monkey ("we", "us"), a studio based in Asheville, North Carolina, and your use of this website. By starting a project with us or using the site, you accept them.

Where a signed proposal, statement of work or master services agreement exists between us, that document takes precedence over these terms for the work it covers.

We design and build websites, custom platforms and internal tools, and we integrate and build AI features for business use. The specific deliverables, milestones and assumptions for your project are set out in the proposal or statement of work we agree before any work begins.

This website describes the shape of our services in general terms. It is not an offer or a guarantee that a particular scope, timeline or result is available.

Every engagement starts with a written proposal that states the scope, the deliverables, the assumptions, the schedule and the fee. Anything not listed there is out of scope.

Change requests are welcome, and we will price and schedule them before doing the work. If a change affects the timeline or the fee, we will say so in writing for your approval. Work on the agreed scope may pause while a decision is pending.

Unless the proposal says otherwise, a deposit is due before work begins and the remaining balance is invoiced at agreed milestones or on delivery. Invoices are payable within the period stated on the invoice.

Third-party costs, such as domains, hosting, licences, subscriptions and API usage, are separate from our fees and are either billed to you directly or passed through at cost. Late payment may pause work and may incur the interest or fees allowed by law.

Good projects move when both sides show up. You agree to:

• Provide content, brand assets, access and feedback promptly, and in the formats we ask for.
• Nominate one person who can give final approvals on your behalf.
• Confirm you hold the rights to any text, images, logos, data or accounts you send us.
• Review and approve deliverables within the timescales in the proposal.
• Keep your own credentials, hosting, registrar and third-party accounts secure and funded.

Delays in these areas shift the schedule, and we may need to rebook resource to accommodate them.

On full payment, you own the final deliverables we create specifically for your project, including your content, brand assets and the finished design and build. Until payment is complete, those deliverables remain our property or that of our licensors.

We keep ownership of our pre-existing tools, components, libraries, methods and know-how, and we grant you a perpetual licence to use them as part of the delivered work. Third-party and open-source components stay under their own licences.

Unless you ask us not to, we may show the finished work in our case studies and on our own channels, with a credit and a link.

The proposal states how many rounds of revision are included at each stage. We work through feedback in rounds so changes stay considered and the build stays on schedule. Once you approve a stage in writing, later changes to that stage are treated as a change request.

Hosting, domains, email and platform services are usually held in your name and governed by that provider's terms. We are not responsible for outages, policy decisions, price changes or data practices of third-party providers, though we will help you choose sensible ones and work through problems with you.

We do not provide hosting, uptime or security guarantees unless a separate maintenance or support agreement says so.

Once a project launches, ongoing care, updates and improvements are handled under a separate maintenance agreement or by request. Without one, changes are quoted individually, and we recommend keeping a maintenance arrangement in place for anything business-critical.

Where a project includes AI, outputs are generated by models and are not guaranteed to be accurate, complete or suitable for a particular decision. You are responsible for reviewing AI-assisted output before it reaches your customers or your records.

AI features usually rely on third-party providers, and content you send through them is handled under their terms. We will tell you which providers a project uses and keep sensitive data out of those flows unless you agree otherwise.

Each of us will keep the other's non-public business information confidential and use it only for the project. This does not cover information that is already public, that we already held, or that we are legally required to disclose.

We will perform our services with reasonable skill and care. Beyond that, our work and this website are provided without other warranties, whether express or implied, including fitness for a particular purpose. We do not warrant that a website or platform will be uninterrupted, error-free, or that it will produce a particular commercial result.

To the extent the law allows, our total liability arising out of or relating to an engagement is limited to the fees you paid us for the work in question. We are not liable for indirect or consequential losses, including lost profits, lost revenue, lost data or business interruption.

Nothing in these terms limits liability that cannot lawfully be limited.

Either of us may end an engagement in writing. If you end it, work completed and costs committed up to that point are payable, and any deposit is applied against them. If we end it, we will hand over completed work and refund any fees paid for work we have not done.

We may suspend work or refuse to publish material if asked to do something unlawful, deceptive, harmful, or that infringes someone else's rights.

These terms are governed by the laws of the State of North Carolina, and the state and federal courts serving Buncombe County, North Carolina have exclusive jurisdiction over any dispute, unless the parties agree otherwise in writing.

We may update these terms from time to time. The date at the top of the page shows the current version. Changes apply to work agreed after that date, and to your ongoing use of this website.

Questions about these terms can go to info@ninjamonkeydesigns.com. Ninja Monkey, Asheville, North Carolina.