Terms of Service
These terms govern the relationship between Cloud Ninja Dev and anyone who uses our website or engages us for development services. Please read them before starting a project.
Last updated: 21 April 2025
Plain English summary: We do good work and expect fair treatment in return. Scope what we agree, pay on time, give us what we need to do our job, and we'll deliver exactly what we promised. Any disagreements are handled professionally and in good faith.
Acceptance of Terms
By using the https://cloudninjadev.com website, submitting a contact form, or entering into a project agreement with Cloud Ninja Dev, you agree to these Terms of Service in full.
If you are entering into these terms on behalf of a company or organisation, you confirm that you have the authority to bind that entity to these terms.
If you do not agree to these terms, please do not use our website or engage our services.
Services Description
Cloud Ninja Dev provides software development services, including but not limited to:
- Web application development (front-end and full-stack)
- Mobile application development (React Native / Expo)
- Custom software and backend system development
- Workflow automation using n8n and custom scripts
- AI integration, chatbot development, and WhatsApp Business API automation
- Technical consulting and code review
The specific services, deliverables, timeline, and price for each project are agreed in writing via a project proposal or statement of work before work begins. Nothing in these general terms overrides a specific written agreement.
Project Process
How we work
Every project follows a structured process: discovery, proposal, agreement, design (if applicable), development in sprints, review rounds, and final delivery. The specifics are documented in the project proposal.
Project kickoff
Work begins once a project proposal has been signed or approved in writing, and any required upfront payment has been received. We do not begin work on verbal agreements alone.
Communication
We use email and an agreed communication channel (Slack, WhatsApp, or similar) for day-to-day updates. We provide progress updates at agreed intervals. We expect client responses to questions or review requests within 3 business days to avoid delays.
Timelines
We provide realistic timelines in every project proposal. Timelines can be affected by delays on the client side — late feedback, missing assets, or unclear requirements. If a delay is caused by the client, we will communicate clearly and adjust the timeline accordingly. We are not responsible for missed deadlines caused by factors outside our control.
Payment Terms
Standard payment structure
Unless otherwise agreed in the project proposal, our standard payment structure is:
- 50% upfront deposit before work begins
- 50% on project completion before final delivery of files or deployment credentials
For longer projects, milestone-based payment schedules may be agreed in the project proposal.
Invoicing
Invoices are issued at the agreed project milestones. Payment is due within 7 calendar days of invoice date unless otherwise agreed in writing.
Late payments
Invoices unpaid after 14 days may result in work being paused until the account is settled. We reserve the right to charge a late payment fee of 2% per month on overdue balances after a 7-day grace period following the due date.
Refunds
The upfront deposit is non-refundable once work has commenced, as it compensates us for time allocated to your project. If a project is cancelled before work begins, a full refund will be issued. For milestone-based projects, completed milestones are non-refundable.
Currency
All prices are quoted in the currency stated on the project proposal (typically USD or INR). Bank transfer fees or currency conversion costs are the responsibility of the client.
Intellectual Property
What you own
Upon receipt of full and final payment, you receive full ownership of all custom code, designs, and deliverables created specifically for your project. This includes the right to modify, distribute, and commercialise the work without restriction.
What we retain
We retain ownership of:
- Any pre-existing code, libraries, or frameworks we bring to the project (open-source tools, internal utilities, etc.)
- General knowledge, skills, and techniques learned or developed during the project
- The right to reference the project in our portfolio (we will ask your permission before displaying confidential or unreleased work)
Third-party components
Our projects may incorporate open-source libraries, frameworks, and tools. These remain subject to their original licences. We will inform you of any significant third-party dependencies and whether they carry any licence restrictions relevant to your use case.
Before final payment
Until full payment has been received, all code and deliverables remain the intellectual property of Cloud Ninja Dev. You may not use, publish, or deploy the work until the final invoice has been settled.
Client Responsibilities
A successful project requires participation from both sides. To allow us to deliver your project on time and to scope, you agree to:
- Provide clear, complete project requirements before work begins
- Respond to questions, review requests, and feedback cycles within 3 business days
- Supply all necessary assets — copy, images, brand guidelines, API keys, and access credentials — in a timely manner
- Designate a single point of contact for decision-making authority on the project
- Ensure any third-party tools, accounts, or services we need access to are available and working
- Review and test deliverables promptly and provide consolidated feedback
- Pay invoices on time as agreed in the project proposal
Delays caused by failure to meet these responsibilities may result in timeline extensions and additional costs, which will be communicated to you in writing.
Confidentiality
Both parties may share sensitive business information during a project. We treat all client information — business strategies, data, code, financials, and user information — as confidential and will not disclose it to any third party without your written consent.
We are happy to sign a mutual NDA (Non-Disclosure Agreement) before beginning a project. This is standard practice for projects involving sensitive business information.
This confidentiality obligation does not apply to information that is already publicly available, information we receive independently from another source, or information we are required to disclose by law.
Revisions & Scope Changes
Included revisions
Each project proposal specifies the number of revision rounds included. Minor adjustments within the agreed scope are included at no additional cost.
Scope changes
Changes that add features, expand functionality, or require significant rework beyond the original brief are considered scope changes. We will notify you in writing when a request falls outside the original scope, along with an estimate of additional time and cost. Work on scope changes does not begin until they are approved in writing.
Scope creep
If the project scope expands significantly without formal agreement, we reserve the right to pause work and issue a revised proposal. This is not a punitive measure — it protects both parties from misaligned expectations.
Termination
Termination by client
You may cancel a project at any time by notifying us in writing. Upon cancellation:
- Any completed work up to that point is invoiced and must be paid before any deliverables are transferred
- The upfront deposit is non-refundable
- Any milestone payments made for completed milestones are non-refundable
- We will provide you with all completed work and any work in progress at the time of cancellation
Termination by us
We reserve the right to terminate a project in the following circumstances:
- Invoices remain unpaid more than 30 days past the due date
- The client requests work that violates applicable law or our code of conduct
- The working relationship becomes untenable due to abusive, threatening, or discriminatory behaviour
- Force majeure events that prevent us from completing the work
In the event we terminate for reasons other than client breach, we will refund any payment made for work not yet completed.
Warranties & Disclaimers
What we warrant
We warrant that:
- All work is original or properly licenced
- We have the right and authority to enter into this agreement
- We will perform services with reasonable skill and care, consistent with industry standards
- We will inform you of any significant technical risks or limitations relevant to your project before they become problems
What we don't warrant
We do not warrant that:
- Software will be free from all bugs — all complex software contains bugs; we warrant we will fix bugs that fall within the agreed scope within a reasonable time
- Our work will achieve specific business outcomes, revenue targets, or conversion rates — we build what you specify; business results depend on many factors outside our control
- Third-party services we integrate with (payment processors, APIs, cloud providers) will remain available or unchanged
Website disclaimer
This website and all information on it is provided "as is" without any warranty, express or implied. We may update or remove content at any time without notice.
Limitation of Liability
To the maximum extent permitted by law, Cloud Ninja Dev's total liability to you for any claim arising out of or related to our services shall not exceed the total fees paid by you for the specific project giving rise to the claim, in the 12 months prior to the claim.
We are not liable for:
- Loss of profits, revenue, data, or business opportunities
- Indirect, incidental, special, or consequential damages
- Damages resulting from third-party services, hosting providers, or tools
- Damages resulting from client-provided content, data, or instructions
- Events outside our reasonable control (force majeure)
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In those jurisdictions, our liability is limited to the minimum extent permitted by law.
Governing Law
These terms are governed by the laws of India. Any disputes arising out of or in connection with these terms or our services shall be subject to the exclusive jurisdiction of the courts of India.
We prefer to resolve any disagreements informally first. If you have a concern, please email us at hello@cloudninjadev.com and we will do our best to resolve it quickly and fairly.
If a dispute cannot be resolved informally, both parties agree to attempt mediation before pursuing litigation.
Contact
For any questions about these Terms of Service, or to discuss a specific concern:
Cloud Ninja Dev
Email: hello@cloudninjadev.com
Website: https://cloudninjadev.com
We aim to respond to all legal or contractual queries within 5 business days.