Terms and Conditions
Terms of Service
Effective Date: February 1st 2025
These Terms of Service (“Agreement”) constitute a legally binding agreement between Peakmanagement, hereinafter referred to as “We,” “Us,” or “Our,” and you, the customer, hereinafter referred to as “You,” “Your,” or “Client.” By accessing or using our services, including our website design services, you agree to comply with and be bound by the following terms and conditions.
1. Services Provided
1.1 Free Homepage Offer: As part of our marketing outreach, we offer a free homepage design to potential clients (“Free Homepage Offer”). The Free Homepage Offer includes the design of a single homepage based on the information you provide to us, without obligation or payment. The design will be shown to you for review and feedback.
1.2 Additional Services: Should you wish to continue with the full website development after the Free Homepage Offer, you will be required to enter into a separate agreement for the full website design services, which will include additional costs as specified in the quote provided to you at the time of conversion.
2. Payment Terms
2.1 Pricing for Full Website Development: The price for the full website development services will be agreed upon between you and us, based on your specific requirements. The pricing will be outlined in the proposal or contract provided after you express interest in continuing after receiving your free homepage.
2.2 Payment Schedule: Upon agreement to proceed with the full website development, a deposit of [X]% of the total quoted price is required. The remaining balance will be due upon completion of the project, prior to the website going live.
2.3 Late Payment: If any payment is not made by the due date, we reserve the right to suspend work or cancel the project until full payment is received. Late payments may incur additional fees, as outlined in the payment agreement.
2.4 Refunds: All payments are non-refundable once the project has started. Refunds may be considered at our sole discretion, but are not guaranteed.
3. Client Responsibilities
3.1 Accurate Information: You agree to provide accurate and complete information for the design of your website, including but not limited to logo, content, branding, images, and any other materials required to complete the website. Any delays in providing necessary materials may result in delays in the completion of your website.
3.2 Feedback: You agree to provide timely feedback on the designs and drafts provided by us. Delays in feedback may result in project delays.
4. Intellectual Property
4.1 Ownership of Design: Upon full payment for the services provided, you will own the rights to the completed website design and any related assets, including images and text that were created specifically for your website. However, you acknowledge that we may retain ownership of any proprietary code or other materials that are not unique to your website design.
4.2 License to Use: You are granted a non-exclusive, non-transferable license to use the website design upon full payment of the agreed fees. We reserve the right to use the designs and any materials created for promotional purposes, unless otherwise agreed in writing.
5. Privacy and Data Protection
5.1 Data Collection: By submitting information to us for the purposes of the Free Homepage Offer, you agree to provide accurate and truthful data. We will use this data solely for the purpose of providing you with our services and will protect your information in accordance with our privacy policy.
5.2 Privacy Policy: We respect your privacy and are committed to safeguarding any personal information we collect. For more details on how we collect, use, and store your data, please refer to our Privacy Policy [insert link].
6. Termination
6.1 Termination by Client: You may terminate your agreement with us at any time before the commencement of the full website design project. However, if work has already started or materials have been purchased for your website, any applicable fees or charges will be due.
6.2 Termination by Us: We reserve the right to terminate our services if you fail to comply with the terms of this Agreement, including failure to make payments or failure to provide necessary information or feedback in a timely manner.
7. Limitation of Liability
7.1 Limitation of Liability: To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the services provided, including but not limited to loss of revenue, profits, data, or business opportunities.
7.2 Indemnity: You agree to indemnify and hold harmless [Your Company Name], its affiliates, employees, and agents from any claims, damages, liabilities, or expenses arising out of your use of the services, including any violation of these Terms of Service.
8. Dispute Resolution
8.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law principles.
8.2 Arbitration: Any disputes or claims arising out of or in connection with this Agreement shall be resolved through binding arbitration in Lethbridge, Alberta, in accordance with the rules of the American Arbitration Association or an equivalent governing body.
9. Modifications to Terms of Service
We reserve the right to modify or amend these Terms of Service at any time. Any changes will be communicated to you via email or through an update on our website. Continued use of our services after the modifications have been posted constitutes acceptance of the revised terms.
10. Miscellaneous
10.1 Entire Agreement: This Agreement constitutes the entire understanding between you and us regarding the subject matter herein and supersedes all prior agreements or understandings, whether written or oral.
10.2 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
10.3 No Waiver: Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Contact Information
If you have any questions about these Terms of Service, please contact us at:
Peakmanagement Peakmanagement.co 1 (403) 915-0514/ 1 (587) 821-2425
