Terms of Service

1. Acceptance of these terms

These Terms of Service govern all services provided by Monkeyworks LLC (“MonkeyWorks”, “we”, “us”), a limited liability company organised under the laws of the State of Wyoming, United States, with its registered business address at 30 N Gould St, STE R, Sheridan, WY 82801, USA.

By engaging us — by signing a proposal, approving a written quote, or paying a deposit — you accept these terms in full on behalf of yourself and any organisation you represent. If you do not accept them, we cannot begin work.

We may update these terms from time to time. The version in force for your project is the one published on the date your proposal was accepted.

2. Services we provide

MonkeyWorks provides consultancy and digital services for startups and small businesses, including website and mobile app development, branding, marketing and ad campaigns.

Each engagement is defined by its own written proposal, which sets out the specific deliverables, milestones, assumptions and fees. Depending on what you have engaged us for, that may include:

• Digital consultancy — technical and product advice, scoping and planning
• Website design and development
• Mobile app design and development
• Branding and visual identity
• Marketing and advertising campaigns
• E-commerce build and integration

Where the proposal and these terms conflict, the proposal governs for that project.

3. How we charge

We work on a project basis against a written quote, not an open-ended hourly arrangement. Before any work starts you receive a proposal setting out the scope, the deliverables, the timeline and the total fee.

Our standard commercial terms:

• Deposit. A deposit is invoiced on acceptance of the proposal and is payable before work begins. The deposit percentage is stated in your proposal.
• Balance. The remaining balance is invoiced on delivery of the agreed deliverables, unless your proposal sets out staged milestone payments instead.
• Longer engagements. Projects running beyond one month may be invoiced monthly in arrears against progress, as set out in the proposal.
• Retainers. Ongoing marketing, ad campaign management and support retainers are billed monthly in advance and may be cancelled with 30 days' written notice.
• Third-party costs. Hosting, domains, ad spend, licensed fonts, stock assets and app store fees are passed through at cost and are billed separately. They are yours to own and renew.
• Taxes. Fees are exclusive of any applicable sales tax or VAT, which is added where required by law.

Invoices are payable within 14 days of the invoice date. Overdue amounts may accrue interest at 1.5% per month, or the maximum permitted by law if lower, and we may pause work on an overdue account after giving you written notice.

Prices are quoted per project because the work varies widely in scope. We do not publish fixed price lists; ask us for a quote and you will get a written figure before you commit.

4. Revisions and scope

Each proposal includes a stated number of revision rounds at each stage. Revisions within the agreed scope are included in the quoted fee.

Work that falls outside the agreed scope — new features, additional pages or screens, a change of direction after a stage has been signed off, or extra revision rounds — is handled as a written change request. We will tell you the additional cost and timeline impact before we start, and we will not proceed until you approve it in writing.

5. Your responsibilities

To hit the timeline in your proposal we need you to:

• Provide content, brand assets, credentials and access in the agreed formats and on time
• Nominate a single point of contact empowered to approve work
• Give feedback and sign-off within the review windows set out in the proposal
• Ensure you own, or are licensed to use, everything you supply to us
• Keep your own accounts with third-party platforms — hosting, app stores, ad networks — in good standing

Delays in any of the above move the delivery dates by at least the length of the delay. If a project is paused at your request or through lack of response for more than 30 days, we may invoice the work completed to that point and reschedule the remainder subject to our availability.

6. Intellectual property

Ownership transfers on final payment. Once your invoices are paid in full, you own the final deliverables we produced specifically for you — the designs, the source code written for your project, the brand assets and the campaign material — together with the right to use, modify and distribute them.

Until final payment is received, all deliverables remain our property and any licence to use them is provisional.

We retain ownership of our pre-existing tools, libraries, frameworks, internal components and know-how used to build your project. Where those are embedded in a deliverable, you receive a perpetual, worldwide, non-exclusive licence to use them as part of that deliverable.

Third-party components — open-source libraries, licensed fonts, stock photography, platform SDKs — remain the property of their owners and are governed by their own licences. We will tell you what they are.

Unless you ask us in writing not to, we may reference your project and display non-confidential excerpts of the work in our portfolio.

7. Warranties and disclaimers

We warrant that we will perform the services with reasonable skill and care, in a professional manner, and that the deliverables will materially conform to the specification in your proposal at the point of delivery.

We will correct defects reported in writing within 30 days of delivery at no charge, provided the deliverable has not been modified by you or a third party. After that window, corrective work is quoted separately or covered by a support retainer.

Beyond that express warranty, and to the fullest extent permitted by law, the services and deliverables are provided “as is”. We do not warrant that software will be uninterrupted or error-free, and we do not guarantee any specific commercial outcome — ranking, traffic, conversion rate, revenue or advertising return. Marketing and advertising performance depends on markets and platforms outside our control.

We are not responsible for failures caused by third-party platforms, hosting providers, app store review decisions, ad network policy changes, or content and materials you supply.

8. Limitation of liability

To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with an engagement — whether in contract, tort, negligence or otherwise — is limited to the total fees you paid us for that engagement in the twelve months preceding the claim.

We are not liable for indirect, incidental, special or consequential loss, nor for loss of profit, revenue, business, goodwill, data or anticipated savings, even if we were advised such loss was possible.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

You agree to indemnify us against third-party claims arising from content, data or materials you supplied to us, or from your use of the deliverables in breach of these terms or applicable law.

9. Confidentiality

Each party will keep the other's non-public business, technical and commercial information confidential, use it only to perform or receive the services, and protect it with at least reasonable care. This obligation survives the end of the engagement by three years.

It does not apply to information that is public through no fault of the receiving party, was already lawfully known, is independently developed, or must be disclosed by law — in which case we will give you notice where we are permitted to.

10. Termination

Either party may terminate an engagement on 14 days' written notice. Either party may terminate immediately if the other commits a material breach and fails to remedy it within 14 days of written notice, or becomes insolvent.

On termination you are invoiced for all work completed and all non-cancellable third-party commitments incurred up to the termination date. Refund treatment of any deposit is set out in our Refund & Cancellation Policy.

On payment of the final invoice we will hand over the work completed to that point in a usable format. Sections covering intellectual property, confidentiality, warranties, liability and governing law survive termination.

11. Governing law and general terms

These terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-laws rules. The state and federal courts located in the State of Wyoming have exclusive jurisdiction over any dispute, and both parties submit to that jurisdiction.

Before starting proceedings, both parties agree to attempt in good faith to resolve any dispute by discussion for 30 days after written notice of it.

We are an independent contractor, not your employee, partner or agent. Neither party may assign an engagement without the other's written consent, except to a successor of substantially all of its business.

If any provision is found unenforceable, it is severed and the rest stays in force. A failure to enforce a right is not a waiver of it. Your proposal together with these terms and the policies linked from them form the entire agreement between us and supersede any prior discussion.

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, war, civil unrest, labour action, or failure of utilities, hosting providers or telecommunications networks.

12. Contact

Questions about these terms go to hello@monkeyworks.ink, or by post to Monkeyworks LLC, 30 N Gould St, STE R, Sheridan, WY 82801, USA. We reply within 5 business days.