Terms of service
Last Updated: March 2026
OVERVIEW
This website is operated by NinjaNutz Digital Inc. Throughout the site and these Terms of Service, the terms "we", "us" and "our" refer to NinjaNutz Digital Inc. NinjaNutz Digital Inc. offers this website, information, tools, and services and makes them available to you, the user, via this site or other medium we choose to use, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting or using our site and/or purchasing something from us or hiring us for any work, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. They also apply to any person, agency, business, merchant, or any other entity that hires us or purchases something from us via any medium outside of this website.
Please read these Terms of Service carefully before accessing or using our website or services. By accessing or using any part of the site or our services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to these Terms of Service. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of our services or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online platform that allows us to sell our products and services and to share important policy information with you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of these Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site or directly by us is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material is at your own risk.
This site may contain certain historical information, which is provided for reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and/or services are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Quote Validity and Pricing Changes: All quotes and Scope of Work (SOW) proposals issued by NinjaNutz Digital Inc. are valid for 30 calendar days from the date of issue unless a different expiry is explicitly stated in the proposal. After 30 days, pricing is subject to change without notice and a new quote must be requested. A quote does not constitute a binding agreement until a signed or written acceptance is received and the applicable payment has been processed.
Promotional Offers and Bonuses: Time-limited bonuses, promotional pricing, and special offers are valid only until the expiry date stated in the applicable proposal. Expired offers cannot be reinstated under any circumstances, regardless of the reason for the delay in acceptance.
Urgent Work: Higher rates apply when urgent or expedited work is requested. By requesting urgent work, you agree to pay all associated fees. We reserve the right to accept or decline any urgent project at our sole discretion.
SECTION 5 - PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. All descriptions of products or services and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
No Guarantee of Results: NinjaNutz Digital Inc. offers services intended to support and improve your online business, including but not limited to Shopify setup, store migration, app integrations, design, coding and development, and guidance and support. We do not guarantee, represent, or warrant any specific outcome, revenue increase, conversion improvement, traffic growth, or other business result from the use of our services. Your ultimate results will depend on your own efforts, your particular situation, market conditions, and innumerable other circumstances beyond our control or knowledge. Prior results obtained by other clients do not guarantee similar outcomes for you.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
You agree to provide current, complete, and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.
SECTION 7 - THIRD-PARTY TOOLS AND APPS
We may provide you with access to third-party tools or apps over which we have no control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or apps.
App Installation Services: When you hire us to install and configure a third-party app in your store, the following terms apply:
- This service covers installation and initial configuration only for the specific project outlined in your SOW.
- You are responsible for all ongoing monthly or annual fees charged by the app developer, which are separate from and unrelated to our service fee.
- We are not liable for the app's functionality, bugs, limitations, or any changes made by the app developer after our configuration is complete.
- We do not provide ongoing support for the app beyond the initial setup and the applicable revision period.
- Revisions cover only what we configured for this project. Settings, features, or configurations not created by us are outside the scope of revisions.
- If the app's functionality changes or breaks due to app developer updates after our work is complete, any corrective work will be considered new billable work.
- You are responsible for maintaining your app subscription and any associated costs.
In some cases we may receive affiliate income from apps we recommend or install. This will never increase the cost of the app to you.
SECTION 8 - THIRD-PARTY LINKS
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those sites and we will not have any liability or responsibility for any third-party materials, websites, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content from any third-party websites. Please review third-party policies carefully before engaging in any transaction. Complaints or claims regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send us creative ideas, suggestions, proposals, or other materials, whether online, by email, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other proprietary rights, and will not contain unlawful, abusive, or obscene material. You are solely responsible for the accuracy of any comments you make.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. We will not access, use, copy, or disclose any customer data, order information, or financial data from your Shopify store beyond what is strictly necessary to perform the services outlined in your SOW. This obligation survives the termination of any agreement between us.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, availability, or other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content, or any of our services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Unanticipated Costs: You agree that additional costs related to any project may arise that cannot be anticipated at the time of quoting. These include but are not limited to: (a) conflicts with third-party apps; (b) custom developments required beyond the original scope; (c) script conflicts; (d) app limitations; (e) bugs originating from Shopify, an app, a theme, or other tools. If any such scenario arises at any point during or after a project, you agree that NinjaNutz Digital Inc. is not liable for those costs, and that such costs must be covered entirely by you should you choose to proceed. You have the right to approve or decline payment of any additional costs. If such costs are required for successful delivery and you decline to pay them, the project will be canceled under the terms of the Termination section.
Limitation of Liability: To the maximum extent permitted by law, NinjaNutz Digital Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable to you for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, or replacement costs, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services. Our aggregate liability under these Terms shall in no event exceed the total fees paid by you for the specific Scope of Work giving rise to the claim. For monthly subscription clients, liability is limited to fees paid in the 30 days immediately preceding the event giving rise to the claim. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.
Platform and Technology Compatibility: All deliverables are tested and guaranteed to function on the current stable versions of major browsers (Chrome, Firefox, Safari, Edge) and the current Shopify API version at the time of delivery. NinjaNutz Digital Inc. is not responsible for functionality issues arising after delivery due to browser updates, Shopify platform updates, Shopify API version changes, or theme framework updates made by third parties after the delivery date. Any corrective work required due to such post-delivery changes will be treated as new billable work.
SECTION 13A - HOLD HARMLESS AND RELEASE OF LIABILITY
Hold Harmless: You agree to hold harmless, release, and forever discharge NinjaNutz Digital Inc., its directors, officers, employees, contractors, affiliates, and agents from any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of our services or any deliverables we provide; (b) your reliance on any recommendation, guidance, or advice provided by us; (c) any third-party platform, tool, app, or service used in connection with your project, including but not limited to Shopify, theme developers, and app developers; (d) changes made to your store by you or anyone acting on your behalf during or after a project; (e) your failure to maintain independent backups of your store data; or (f) your breach of these Terms of Service.
Acknowledgment of Risk: You acknowledge that Shopify stores operate on a third-party platform outside our control, and that changes to Shopify's platform, themes, or third-party apps may affect functionality of any work we deliver. You accept this risk and agree that NinjaNutz Digital Inc. is not liable for any such changes after delivery.
Sole Remedy: Your sole and exclusive remedy for any dissatisfaction with our services is to request revisions within the applicable revision period as defined in these Terms, or to terminate the engagement per the Termination section. In no event shall any remedy exceed a refund of the fees paid for the specific project giving rise to the claim.
Mutual Indemnification: Each party agrees to indemnify and defend the other against third-party claims arising from their own acts, omissions, or breach of these Terms. NinjaNutz Digital Inc. will not be required to indemnify you for claims arising from your instructions, your content, your store data, or your decisions made independently of our recommendations.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless NinjaNutz Digital Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law, or the violation of the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Termination by Either Party: Either party may terminate this agreement at any time by providing written notice. Termination by you does not relieve you of any payment obligations for work already performed or expenses already incurred.
Termination for Cause: We may terminate immediately and without notice if you: (a) fail to comply with any term of these Terms of Service and do not cure the breach within 5 business days of written notice; (b) engage in abusive, harassing, or threatening behavior toward us or our team; (c) fail to make payment when due; or (d) provide false or materially misleading information.
Effect of Termination: Upon termination:
- You must pay all undisputed amounts due for work completed to the date of termination.
- You may not use any deliverables or work product until all outstanding balances are paid in full.
- We retain a security interest in all deliverables until payment is received in full.
- Any work in progress will be delivered in its current state. No further work will be performed after the termination date.
Cancellation Refunds: For pre-paid fixed-price projects canceled before work has commenced, a refund will be issued minus a 15% administrative fee. For projects canceled after work has commenced, the refund (if any) will be calculated based on the value of work completed to the cancellation date, assessed at our base hourly rate of $150 USD per hour. No refund will be issued if the value of work completed meets or exceeds the amount paid. For monthly subscription plans, no refund will be issued for the current billing period at the time of cancellation. Unused hours in the current billing period are forfeited upon cancellation.
SECTION 17 - ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site, together with any applicable SOW or proposal accepted by you, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
SECTION 18 - GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.
Dispute Resolution: In the event of any dispute arising under or in connection with these Terms or any project, the parties agree to first attempt to resolve the dispute through good-faith written communication for a period of 30 calendar days before pursuing any legal action. If the dispute is not resolved within 30 days, either party may pursue the remedies available to them under applicable law.
Chargebacks and Payment Reversals: Initiating a chargeback, payment reversal, or payment dispute through your bank, credit card provider, or payment platform without first completing the 30-day good-faith resolution process above constitutes a material breach of these Terms. In such a case, you forfeit all rights to deliverables, licenses, and any work product delivered to you, and you remain liable for all outstanding fees plus any costs we incur in responding to the chargeback.
SECTION 19 - CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website or services following the posting of any changes constitutes acceptance of those changes.
SECTION 20 - OWNERSHIP AND INTELLECTUAL PROPERTY
Work for Hire: All deliverables and materials developed pursuant to an agreed Scope of Work - including without limitation all designs, code, text, plans, configurations, and other materials conceived or created by us in connection with your project - shall be treated as a "work made for hire" and shall become your property upon receipt of full and final payment of all fees due.
Assignment: In the event that any such material is not considered a "work made for hire" under applicable law, we hereby assign all ownership rights, title, and interest in such deliverables and materials to you upon full and final payment of all fees due, and agree to execute such documents as you may reasonably request to assist in obtaining and protecting such rights.
Third-Party Assets and Licenses: Where deliverables incorporate third-party components - including but not limited to licensed fonts, stock photography, stock illustrations, icon libraries, UI component libraries, or open-source code - those components remain subject to their own respective third-party licenses and are not assigned to you as part of the work product. We will disclose any such third-party components upon request. You are responsible for ensuring ongoing compliance with those third-party licenses, including any licensing fees required for continued commercial use.
No Rights Prior to Full Payment: Ownership and license rights do not transfer until all outstanding invoices related to the project are paid in full. You may not use, publish, or deploy any deliverable for any commercial or public purpose until full payment has been received by us.
Portfolio Rights: We reserve the right to display completed work as part of our portfolio, website, and case studies for the purpose of showcasing our work, unless you request in writing that specific work remain confidential. We will not publish any non-public or confidential work without your prior written consent.
No Code Documentation Obligation: Unless explicitly included in the SOW, we are not obligated to provide code walkthroughs, technical documentation, or developer handoff notes beyond what is needed to operate the delivered solution. Technical support for delivered code outside the revision period is not included and will be billed separately.
SECTION 21 - PAYMENT TERMS
All invoices issued by NinjaNutz Digital Inc. are due immediately upon receipt unless a different payment schedule is explicitly stated in the applicable SOW or proposal.
Split Payment Projects: Where a project is offered with a split payment option (e.g., 50% today / 50% at 30 days), the second payment will be processed automatically on the date stated in the proposal. By selecting a split payment option, you authorize us to collect the second payment on that date. Failure of the second payment to process will result in an immediate pause of all work until payment is received.
Work Stoppage for Non-Payment: If any invoice is not paid within 5 business days of the due date, we reserve the right to pause all work immediately. Project timelines will be extended by the number of days work was paused due to non-payment, and we are not liable for any resulting delays.
Expenses: You shall reimburse all expenses that are reasonable and have been authorized by you in writing in advance, payable within 5 business days of an itemized invoice.
Non-Cancelable Fees: All payment obligations are non-cancelable and fees paid are non-refundable except as explicitly stated in the Termination section of these Terms.
SECTION 22 - LATE PAYMENT
In the event an invoice is not paid on time, we will charge a late payment fee of 1.5% per month (18% per annum) on any overdue and unpaid balance not in dispute, compounding monthly. Our acceptance of late payment fees does not waive our rights to any other remedies available for your breach of these Terms.
SECTION 23 - SUBSCRIPTION PLANS
Monthly Reset: All monthly subscription hour packs operate on a use-it-or-lose-it basis. Hours reset at the beginning of each billing cycle. Unused hours do not roll over to the following month under any circumstances.
Cancellation Notice: To cancel a monthly subscription plan, you must provide a minimum of 30 calendar days written notice sent to hello@ninjanutz.com. Cancellations take effect at the end of the billing period following the notice period. For example, if notice is received on March 5, the subscription will remain active through the end of April's billing cycle.
No Refund on Cancellation: No refund will be issued for the current or any future pre-paid billing period at the time of cancellation. Any unused hours remaining in the final billing period are forfeited.
Grandfathered Pricing: Subscription pricing is locked at the rate stated in your original agreement. If subscription pricing changes, existing subscribers will be notified at least 30 days in advance. Canceling and restarting a subscription forfeits any grandfathered rate.
SECTION 24 - SCOPE OF WORK AND CHANGES
All projects are governed by a written Scope of Work (SOW) issued by us and accepted by you. The SOW defines the exact services to be performed, the deliverables, the price, and the estimated timeline.
What Is Not Included: Any task, feature, customization, integration, or deliverable not explicitly listed in the SOW is not part of the project. You should not assume that unlisted items are included. It is your responsibility to review the SOW carefully and request clarification before accepting it.
Per-Store and Per-Theme Basis: All pricing and SOWs are scoped for one Shopify store and one theme unless explicitly stated otherwise. Applying work to additional stores, themes, or templates will incur additional charges.
Change Requests: Any material changes to the SOW - including additions to scope, new features, or additional integrations - must be approved in writing by both parties before work begins on the change. Verbal approvals are not binding. Changes to scope may affect the project price and timeline, and a revised quote will be issued before proceeding.
Scope Exclusions (Default): Unless explicitly listed in your SOW, the following are never included in any project by default: custom code migration from a previous theme, store redesign, SEO work, content creation (copywriting or photography), platform-to-platform data migration beyond what is stated, and custom app development.
SECTION 25 - PROJECT KICKOFF AND TIMELINES
Project Kickoff Definition: A project is considered officially kicked off on the later of: (a) the date initial or full payment is received and confirmed, or (b) the date all required store access, credentials, and assets requested by us are provided by you. Estimated delivery dates begin counting from the kickoff date, not the date of payment alone.
Estimated Timelines: All delivery timelines stated in a SOW or proposal are estimates only. We do not guarantee delivery on a specific date. We do not offer refunds or credits for missed estimated delivery dates. We will make reasonable efforts to communicate any delays as early as possible.
Client Delays Reset the Timeline: If you fail to provide required access, assets, feedback, or approvals in a timely manner, the estimated delivery date will be extended accordingly. We are not liable for project delays caused by client inaction.
Express Delivery: Where an express delivery option is offered, the accelerated timeline begins from the project kickoff date as defined above. Express fees are non-refundable once work has commenced, regardless of whether the express timeline is met due to circumstances outside our control.
SECTION 26 - CLIENT RESPONSIBILITIES
By engaging our services, you agree to the following responsibilities throughout the duration of any active project:
Store Access: You must provide Shopify collaborator access at the appropriate permission level required for the project. You should not share your Shopify account login credentials directly. We are not responsible for issues arising from incorrect or insufficient access permissions.
Timely Feedback and Approvals: You must respond to requests for feedback, approval, or clarification within 5 business days. If we do not receive a response within 10 consecutive business days during an active project, we will send a written Final Notice to the email address on file. That Final Notice will explicitly state: "If we do not hear from you within 3 business days, the project will be deemed accepted in its current state and your 15-day revision window will be considered active from the original delivery date." If no response is received within 3 business days of the Final Notice, the project will be deemed accepted and complete as stated. Reactivating a paused or deemed-complete project may incur additional fees.
Assets and Content: You are responsible for providing all content, copy, images, brand assets, and other materials required for the project unless content creation is explicitly included in your SOW. Delays in providing assets will extend the project timeline.
Store Changes During Active Projects: You must not make significant changes to your live store during an active project without notifying us first. This includes installing or removing apps, editing theme code, changing settings, or adding products in bulk. Any such changes made without notice that affect our work will be your responsibility to reconcile, or may be re-applied by us at an additional cost.
Accurate Information: You are responsible for providing accurate and complete information. We are not liable for errors, rework, or delays caused by inaccurate, incomplete, or conflicting information provided by you.
Independent Backups: You are responsible for maintaining independent backups of all your website data, content, and store settings before any project begins. We take reasonable precautions but are not liable for data loss.
Third-Party App Subscriptions: Where any deliverable relies on or integrates with a third-party app or tool, you are solely responsible for maintaining an active, paid subscription to that app after project delivery. If an app subscription lapses, is canceled, or is otherwise discontinued by you, any resulting loss of functionality, broken features, or errors in your store are not covered under our revision period and will not be remedied by us at no charge. Any corrective work required due to a lapsed app subscription will be billed as new work at our then-current rates.
SECTION 27 - REVISIONS
Standard Revision Period: All fixed-price projects include 15 calendar days of revisions from the date of delivery, unless a different period is stated in your SOW or a bonus package has been claimed that specifies an extended period. Where marketing materials reference "unlimited revisions," this means unlimited revision requests are accepted within the applicable 15-day revision window. It does not mean revisions are available indefinitely after delivery.
What Constitutes a Revision: Revisions are limited to: bug fixes, adjustments to features within the original scope, and minor corrections to delivered work (e.g., text changes, color adjustments, spacing corrections, or fixing bugs in code we delivered).
What Is Not a Revision: The following are not considered revisions and will be quoted and billed separately: new features or functionality not in the original SOW, additional app integrations, redesign or layout changes beyond the original scope, content updates, and changes resulting from modifications you made to the store after delivery.
Revision Period Expiry: Revision requests made after the revision period has expired will be treated as new billable work at our then-current rates. The revision period will not be extended due to delays in your review, except in documented force majeure situations at our sole discretion.
No Refund for Unused Revisions: There are no refunds for unused revision time.
SECTION 28 - CONFIDENTIALITY
Each party agrees to keep confidential any non-public information received from the other party in connection with a project, including but not limited to business strategies, pricing, client lists, technical methods, and store data.
Our Obligations: We will not disclose your store details, customer data, or project specifics to any third party without your prior written consent, except as required to perform the services (e.g., coordinating with a developer on your project) or as required by law.
Your Obligations: You agree not to disclose, reproduce, or share our internal pricing structures, SOW templates, methodologies, or proprietary processes with third parties.
Survival: Confidentiality obligations survive the termination of any project or agreement between us.
SECTION 29 - APPROPRIATE CONDUCT
We are committed to maintaining a professional, respectful working relationship. Both parties agree to communicate with honesty, respect, and professionalism at all times.
If we are subjected to harassing, abusive, threatening, or disrespectful behavior by you or anyone on your behalf, we will notify you immediately and request corrective action. If the behavior continues following a second notice, it constitutes a material breach of these Terms, entitling us to terminate the engagement immediately and retain all fees paid to date, without limiting any other remedy available to us.
SECTION 30 - FORCE MAJEURE
Neither party shall be considered in breach of these Terms if failure to perform arises from causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, pandemic, government action, natural disaster, internet or infrastructure outages, or severe illness, provided that the affected party gives prompt written notice to the other. Force majeure does not excuse payment obligations for work already completed and accepted.
SECTION 31 - RELATIONSHIP OF PARTIES
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between NinjaNutz Digital Inc. and you. We are, and shall at all times remain, an independent contractor.
SECTION 32 - RIGHT OF AUTHORSHIP CREDIT
You agree to properly identify NinjaNutz Digital Inc. as the creator of the deliverables when asked. You do not have a proactive duty to display our name alongside deliverables, but you may not represent to others that the deliverables were created by anyone other than us.
We may use completed work as part of our portfolio and case studies solely for the purpose of showcasing our work. We will not publish confidential or non-public work without your prior written consent.
SECTION 33 - MISCELLANEOUS
Support Hours: Our support team is available Monday through Thursday, 11am to 7pm CST, and Friday, 11am to 3pm CST. Please allow up to 24 business hours for a response. All requests are handled in the order received. Please do not send follow-up messages until you have received a reply, as each new message moves your request further back in the queue.
Order Processing: All new projects are processed during business hours. Payment must be received before 12pm CST for processing to occur the same business day. Estimated delivery dates begin the business day after your project is processed.
Entire Agreement: These Terms of Service, together with any applicable SOW or proposal accepted by you, constitute the entire agreement between us with respect to the services and supersede all prior communications, whether oral or written.