Welcome to Hyper Monkey. These Terms of Service (“Terms”) govern the relationship between Hyper Monkey Limited (“we”, “us”, or “Hyper Monkey”) and you (the “Client”). By commissioning our services, you agree to these terms in full.
Engineering Standards
We utilise modern development workflows, including automated code-assistance tools.
All deliverables undergo strict peer review, human verification, and validation by our principal architect to ensure enterprise-grade code quality.
Intellectual Property (IP)
Background IP: Hyper Monkey retains 100% ownership of our pre-existing frameworks, libraries, and tools. We grant you a perpetual, royalty-free license to use these as part of your software.
Foreground IP: Subject to full payment of all fees, we assign complete ownership of the specific Deliverables created uniquely for you. This includes your custom source code, assets, and database contents. This explicitly excludes Hyper Monkey’s proprietary master cloud organisation architecture and master configuration templates.
The Developer’s Clause: We reserve the right to reuse generic code, logic, or algorithms developed during the project for other clients, provided they do not contain your confidential information or branding.
Acceptance & "Live" Use
Review Period: You have 7 days to review deliverables. If no written notification of functional defects is received, the work is deemed accepted.
Live Use: Deployment of the software to a production environment constitutes immediate Acceptance.
Warranty: We provide a 30-day "Critical Warranty" from the date of live use to fix major defects (defined as failures of core business logic) at no extra cost. This excludes aesthetic changes or issues caused by third-party updates.
Fees, Hosting & Payment
Studio Retainers & Service Fees: General monthly service fees and project retainers are billed in full, in advance, on the 1st day of each calendar month. These fees cover your dedicated allocation of senior engineering and strategic marketing resources. Work will only commence or continue once the monthly service fee invoice has been cleared.
Infrastructure Billing & Dashboard Access: Client platforms are deployed and maintained within Hyper Monkey’s secure cloud ecosystem. During onboarding, a dedicated Google Cloud Platform (GCP) Billing Account will be established directly for the Client. The Client will enter their own corporate payment details into this account and will be provided with a direct dashboard to monitor live infrastructure consumption. The Client remains the sole financial owner of this billing account, and all cloud costs are charged straight to their method of payment by Google.
Infrastructure Consumption & Spikes: While Hyper Monkey implements standard architectural guardrails, the Client accepts full financial responsibility for all infrastructure charges generated by their platform. This includes any cost fluctuations or billing spikes resulting from automated scaling, viral traffic, bot activity, or malicious actions such as Distributed Denial of Service (DDoS) attacks.
Currency & Transaction Fees: All infrastructure costs are passed through directly from the cloud provider via the Client's dedicated billing account. The Client is responsible for any currency fluctuations, cross-border transaction fees, or local taxes levied by Google on their billing account.
Late Payments & Infrastructure Suspension: Hyper Monkey reserves the right to immediately suspend all services—including source code access, ongoing development pipelines, and active live hosting environments, if any studio invoice or linked infrastructure charge remains unpaid fourteen (14) days past its due date.
Suspension Liability Waiver: Hyper Monkey accepts zero liability for business interruption, data unavailability, loss of revenue, or platform downtime resulting from an infrastructure suspension due to non-payment or breached terms.
Delays & Cooperation
Necessary Inputs: You agree to provide brand assets, API keys, and feedback within 5 working days of a request.
Project Pausing: If a Client-side delay exceeds 30 days, we may invoice for all work completed to date and pause the project.
Liability & Limits
Liability Cap: Our total aggregate liability for any claims arising from this agreement is strictly capped at the equivalent of three (3) months of studio fees paid by the Client to Hyper Monkey immediately preceding the claim. In no event shall Hyper Monkey be liable for any indirect, incidental, or consequential damages, including loss of business profits, revenue, or data.
Backups: Unless you have purchased a "Resilience Package," you are responsible for your own data backups. Hyper Monkey is not a backup provider.
Third-Party Services & Dependencies: We are not responsible for the uptime, performance, or API changes of "upstream" providers (e.g., GCP, AWS, third-party integrations). If an upstream provider implements mandatory updates, deprecations, or experiences outages that break the software, resolving the issue will be treated as a paid Change Request.
Statutory Reporting: Per the Cyber Security and Resilience Act 2025/26, we may be required by law to report security incidents to authorities without your prior consent.
Termination & Exit
Notice: Either party can terminate with 30 days' written notice.
Exit: Upon termination and full payment of all outstanding invoices, Hyper Monkey will provide access to the custom Deliverables and code repositories created for your project. We do not transfer internal master cloud configuration environments. Final migration to an independent hosting provider remains the Client's operational responsibility.
Professional Conduct
Non-Disparagement: Both parties agree not to make public statements intended to disparage the reputation or services of the other party.
Non-Solicitation: You agree not to hire or "headhunt" any Hyper Monkey personnel for 12 months following the end of this agreement. Breach of this clause carries a fee equal to 50% of the individual’s new annual salary.
Legal Standing
Contractual Precedence: If you have signed a separate Master Services Agreement (MSA) with Hyper Monkey, the terms of that signed contract shall take precedence over this webpage.
Governing Law: These Terms are governed by the laws of England and Wales.
Prohibited Content: We do not provide services for projects involving violence, pornography, gambling, or illegal activities.
Changes to Terms
We may update these Terms & Conditions from time to time. Changes will be posted on this page with an updated effective date.
Privacy
Please refer to our Privacy Policy for details on how we collect, use, and protect your information.
Contact Us
If you have any questions about these Terms & Conditions, please contact us at hello@hypermonkey.co.uk
