These Terms of Service set out the rules that apply when you use the website at dovemountaintech.com or engage A-TECH NINJA LLC for computer integrated systems design services. Please read them carefully before sending an inquiry or signing a proposal. By using the website or accepting a proposal you agree to these terms, together with any written services agreement that the parties sign for a specific engagement.
1. Acceptance of These Terms
These Terms of Service form a binding agreement between you and A-TECH NINJA LLC, a limited liability company with its bench at 6973 W Amarante Dr, Tucson - 85743-5021, United States (US). By visiting the website, sending an inquiry through the contact form, replying to an email from the bench or accepting a proposal, you confirm that you have read these terms and that you agree to be bound by them.
If you are accepting on behalf of an organization, you confirm that you have the authority to bind that organization to these terms. If you do not agree with any part of these terms, please do not use the website and do not engage our services. Where a separate written services agreement has been signed, that agreement governs the specific engagement and these terms apply to the extent that they are consistent with it.
2. Definitions
In these terms, the company, we, us and our refer to A-TECH NINJA LLC. The word client refers to the organization or individual that engages us for services, and the word you refers to the reader of these terms, whether that reader is a visitor, a client or a representative of a client. The word website refers to the pages served at dovemountaintech.com.
The word services refers to the six service lanes described on the services page and in any signed proposal, namely the Channel Build Desk, Perch Desk Rounds, Glide Path Audits, Crest Watch Days, Roost Log Sessions and Handover Drift Evenings. The word deliverables refers to the written diagrams, notes, logs, audits and other materials we prepare for a client as part of an engagement.
3. Our Services
A-TECH NINJA LLC provides computer integrated systems design services to organizations. Our work is professional and advisory in nature and is carried out from our bench in Tucson by a small team that takes a limited number of engagements each quarter. The exact scope of any engagement is set out in a written proposal or services agreement, and work begins only after that document has been accepted.
We describe our services in general terms on the website so that a prospective client can understand the shape of the work. Those descriptions are not an offer capable of acceptance and do not guarantee that a particular service will be available at a particular time. Availability depends on the calendar of the bench, the fit between the request and our practice and the terms of the signed agreement.
4. Use of the Website
We grant you a limited, non-exclusive, non-transferable permission to view the website and to use the contact form for its intended purpose of communicating with the bench. This permission does not give you any ownership interest in the website or its content, and it may be withdrawn at any time.
The website is provided for information and contact. Nothing on the website constitutes legal, financial, security or other regulated professional advice that you may rely on without our written agreement. If you need advice for a specific situation, send an inquiry and we will tell you whether an engagement is appropriate.
5. Prohibited Conduct
When using the website you agree not to do any of the following:
- Attempt to gain unauthorized access to the website, its hosting environment or any connected system.
- Probe, scan or test the vulnerability of the website without written permission from the bench.
- Introduce malicious code, automated scraping that burdens the service or any activity that disrupts the website for others.
- Send unsolicited commercial messages, spam or content that is unlawful, defamatory or infringing through the contact form.
- Impersonate another person or organization, or misrepresent your authority to act for a client.
- Copy, reproduce or redistribute substantial portions of the website content for commercial purposes without written permission.
We may suspend or refuse access to the website where we reasonably believe that any of these prohibitions has been breached. We may also report serious conduct to the relevant authorities where the law requires or permits it.
6. Accounts and Access
The website does not require you to create an account. Where an engagement involves access to a client environment, we may be issued credentials by the client or by a provider acting for the client. Those credentials are used only for the agreed engagement and are stored according to the security measures described in our Privacy Policy.
You are responsible for keeping your own systems and credentials secure and for telling the bench promptly if you believe that access granted to us has been compromised. We will revoke access promptly when an engagement ends or when you ask us to do so.
7. Proposals and Engagement
An engagement begins when a written proposal has been accepted by the client and, where the proposal calls for it, a deposit has been received. The proposal states the scope of work, the schedule, the fee and any assumptions on which the estimate depends. If an assumption proves incorrect, the parties will discuss the effect on the scope and the fee before additional work is performed.
Changes to scope are agreed in writing. We do not perform additional work on the assumption that it will be approved afterward. Where a change is small and clearly in the interest of the engagement, we may note it in the log and confirm it in writing at the next scheduled point.
8. Fees and Payment
Fees for services are set out in the written proposal. Unless the proposal states otherwise, invoices are due within the period stated on the invoice, and late amounts may accrue interest at the rate permitted by applicable law. We may pause work on an account that is overdue while we resolve the matter with the client.
Amounts payable to third parties, such as software licenses, hosting costs or travel expenses, are the responsibility of the client unless the proposal expressly includes them. Where we pay such costs on the client behalf, we will itemize them and invoice them at cost, with any administrative charge disclosed in advance. Fees are exclusive of applicable taxes unless stated otherwise.
9. Client Responsibilities
A successful engagement depends on cooperation from the client. The client agrees to provide timely access to the people who own each channel, to share the diagrams and logs that already exist, to name a single point of contact for the engagement and to review our written notes within a reasonable time. Delays caused by missing cooperation may affect the schedule and, where the proposal provides for it, the fee.
The client is responsible for the lawfulness of the information it shares with us, for holding the consents required to share information about its own users or customers, and for maintaining backups of its own systems. We recommend that a client keep an independent backup before any change, and we may ask for written confirmation that a backup exists before a watch day begins.
10. Deliverables and Ownership
On full payment of the fees for an engagement, the client receives a perpetual, non-exclusive license to use the deliverables prepared for that engagement within its own organization. This includes the channel diagrams, the audit report, the session notes and the roost log prepared for the client. The client may adapt those materials for its internal use without further payment.
We retain ownership of our underlying methods, templates, tools and know-how, including the ridge method described on the website and the general structure of our logs and audits. Nothing in these terms transfers ownership of those underlying materials. We may describe an engagement in general terms, without disclosing confidential information, as part of our ordinary professional references.
11. Crest Watch Days
Crest watch days are stand-by windows booked in advance for changes that carry elevated risk. A watch day requires a reviewed runbook, a named owner on the client side and a clear rollback line. Where the client does not provide these items, we may decline to begin the watch and the window will be treated as consumed unless the parties agree otherwise in writing.
A watch day is a safety net, not a guarantee that a change will succeed. We act within the agreed response time and follow the runbook, but the outcome of a change depends on the client systems, the client decisions and factors outside our control. If a change is postponed with less than the agreed notice, we may charge for the reserved window because the bench cannot be reassigned at short notice.
12. Confidentiality
Each party agrees to keep the other party confidential information secure and to use it only for the purposes of the engagement. Confidential information includes business plans, system configurations, logs, pricing and any other information that a reasonable person would understand to be sensitive. These obligations do not apply to information that is already public, that the receiving party already held lawfully or that the receiving party is required to disclose by law.
Where the law requires disclosure, the party subject to the requirement will, where lawful, give the other party prompt notice so that protective measures can be considered. Confidentiality obligations survive the end of the engagement for a reasonable period, which we ordinarily set at three years unless the written agreement provides otherwise.
13. Privacy and Data Protection
Our Privacy Policy explains how we collect, use and protect personal information. It forms part of these terms and is incorporated by reference. Where we process personal information on behalf of a client, we act as a processor and the client remains the controller, responsible for the lawfulness of the processing and for the rights of the individuals concerned.
Where a data protection agreement is required for an engagement, the parties will sign one before any personal information is shared with the bench. That agreement will describe the categories of information, the purpose of the processing, the security measures and the arrangements for return or deletion at the end of the engagement.
14. Third Party Services
Our services frequently involve third party platforms, hosting providers and software vendors chosen by the client or recommended by us. We do not control those third parties and we are not responsible for their performance, their security or their terms. Where we recommend a third party, we do so in good faith based on our experience, and the client remains responsible for accepting that party terms.
If a third party changes its pricing, discontinues a product or suffers an outage, the client is responsible for the resulting impact on its own systems. We will help where the engagement provides for it, but we cannot guarantee the behavior of a party we do not control.
15. Warranties and Disclaimers
We warrant that our services will be performed in a professional and workmanlike manner consistent with the standards of our practice and that we hold the skills and experience described in our proposals. If a deliverable does not meet this warranty, the client should tell the bench promptly and we will correct it at no additional charge within a reasonable time.
Except for that warranty, the website and the services are provided on an as is and as available basis. We disclaim all other warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. We do not warrant that the website will be uninterrupted or error free, and we do not warrant any particular business result from an engagement.
16. Limitation of Liability
To the fullest extent permitted by law, A-TECH NINJA LLC will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or business interruption, arising out of or relating to the website or the services, even if we have been advised of the possibility of such damages.
Our total aggregate liability for any claim arising out of or relating to an engagement will not exceed the amount of fees paid by the client to the company for the engagement giving rise to the claim within the twelve months preceding the claim. Where the law does not permit a limitation of liability for a particular type of harm, that limitation will not apply to that harm.
17. Indemnification
The client agrees to indemnify and hold harmless A-TECH NINJA LLC, its members and its team from any claim, loss or expense arising from the client content, the client systems or the client failure to comply with these terms or with applicable law. This includes claims that information shared with us by the client infringed the rights of a third party or was shared without the required consent.
We agree to indemnify the client against claims that our deliverables, used as intended, infringe the intellectual property rights of a third party, provided that the client tells us promptly, cooperates in the defense and allows us to control the response. This obligation does not apply where the claim arises from client materials or from a modification the client made without our agreement.
18. Termination
Either party may end an engagement by written notice in accordance with the terms of the signed agreement. Where the agreement does not specify a notice period, thirty days written notice applies. On termination the client pays for work performed and for commitments already made up to the date of termination, and we deliver the deliverables prepared up to that date.
We may suspend or terminate access to the website immediately if we reasonably believe that a user has breached the prohibited conduct section or created a security risk. Termination of an engagement does not affect the confidentiality, ownership, liability and indemnity provisions, which survive as described in these terms.
19. Intellectual Property of the Website
The website content, including the text, the layout, the color system, the ridge navigation and the described ridge method, is owned by A-TECH NINJA LLC and is protected by copyright and other intellectual property laws. You may read the website and quote short passages with attribution for professional discussion, but you may not copy, reproduce or republish substantial portions without written permission.
The company name and the wordmark are the property of A-TECH NINJA LLC. Nothing on the website grants a license to use those marks except with written permission or as part of an ordinary factual reference to the company.
20. Governing Law and Disputes
These terms are governed by the laws of the State of Arizona and the laws of the United States applicable in that state, without regard to conflict of law rules. The parties agree that the state and federal courts located in Arizona have exclusive jurisdiction over any dispute arising out of or relating to these terms or the services, unless a signed agreement provides otherwise.
Before filing a formal claim, the parties agree to attempt to resolve the dispute in good faith through a written exchange followed, if necessary, by a meeting between senior representatives. This step does not prevent either party from seeking urgent relief where the law permits it, but it is the expected first step for an ordinary dispute.
21. General Provisions
These terms, together with the Privacy Policy and any signed services agreement, are the entire agreement between the parties on the subject and replace any earlier discussion. If any provision is found to be unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions will continue in full force.
A failure to enforce a right is not a waiver of that right. The parties are independent contractors and nothing in these terms creates a partnership, joint venture or employment relationship. These terms may be updated from time to time as described in the changes section, and the most current version will always be available on this page.
22. Contact Information
Questions about these terms may be sent to A-TECH NINJA LLC using the details below. We will respond within a reasonable time and, where a question relates to an active engagement, we will loop in the person who owns that engagement.
Email: channel@dovemountaintech.com
Telephone: +13186203966
Postal address: A-TECH NINJA LLC, 6973 W Amarante Dr, Tucson - 85743-5021, United States (US)
You may return to the home page at any time using the link in the footer of this page.