Policies & Contract Conditions

Collection of Information

The collection of company information is necessary to provide, evaluate, and optimize our services to you and/or the Company you represent known herein as “Client or client”. Information that is collected from the client is used for the sole purpose of providing our services as requested by the client and in accordance to our Policies & Contract Conditions.

Information collected from the client will not be shared or sold to any outside third parties unless authorized by the client or requested by law via court order.

All sensitive information, such as credit card data, is guaranteed to be secured when shared through our website, email, or phone call. This type of sensitive information will also be deleted from our records upon request of the client.

Monthly Services

Each monthly service is charged independently but specials or packages may apply and are subject to the agreements signed. The contract shall continue on a month-to-month basis, with a required Sixty (60) Day Cancellation Notice in writing, prior to cancellation of the contract. During this time Triple Peak Marketing will ensure that all digital properties, access and required guidance are provided regarding websites, social media accounts, and other digital properties owned by the client.

All monthly service invoices will be sent by the end of each month or billing period & payment will be collected by the date indicated on the invoice. Should the client fail to provide payment on time, a late payment charge will be added to the invoice.

Set-up fees may be applied for specific monthly services and are due upon agreement.

Website, Graphic Design and Management

The process of web or graphic design begins when the client provides the initial information necessary to build the website or graphic product and pays the minimum 50% non-refundable deposit. Prior to the launch of the website or release of the graphic product, it will be authorized by the client to make sure it meets their expectations and the invoice balance will be paid by the client.

Graphic design projects will be delivered ready for authorization within two (2) to ten (10) business days. The client will be given two (2) chances to suggest all the requested changes to be made before the project is finalized and a high quality PDF, JPG or PNG is created. Should the client request alterations after the final project, additional fees will be applied to the invoice or a new invoice will be created and must be paid prior to release of the project.

Website projects, depending on the number of pages requested and/or the complexity of the design and programming, will be delivered ready for authorization between twenty (20) to ninety (90) business days from the time all necessary content, logins and/or information is received from the client. For larger real estate/vacation/e-commerce sites, the process may take up to six (6) months or one hundred eighty (180) business days from the time all necessary content, logins and/or information is received from the client. The client understands that additional requests and/or changes will delay production by days, weeks or months and cannot hold Triple Peak Marketing liable for these delays.

Unless otherwise agreed, the client will be given two (2) chances to suggest all the requested changes to be made before launching the website. If the client requests additional changes, subsequent fees will be applied to the invoice total and the project will be delayed.

The client understands that websites with complex programming, inventory and/or are Government regulated may require additional days, weeks or months to complete as the internet is forever changing and the rules and requirements of the various search engines, hosting, domain providers and other 3rd party entities are outside of Triple Peak Marketing’s control. Upon completion and approval of the website by the client, if requested, the ownership and files will then be transferred to the client along with the domain. Hosting, unless paid separately, shall remain with Triple Peak Marketing.

Monthly Website Management services are offered and made available upon request of the client and fees will vary depending on the type of changes and additions the client might request during the month.

All content to be provided by the client must be submitted in a form that does not require any conversion. For instance, any visual content must be provided as a JPG, PNG, GIF, or a BMP file.

Should the client request any content (text or visual) to be created by us rather than providing it, additional fees will apply. All content, updates, or technical support must be provided and/or requested through email.

Social Media Management

Our services include the entire process from creation of profiles to content posting. The type of content will be limited by the social media platform and the client.

Should the client request more content to be posted than the package amount chosen additional fees will apply.

Unless otherwise agreed, any type of paid marketing (even through social media platforms) will not be included in this service and is subject to additional fees.

Digital Marketing

Each Paid Digital Marketing service, for example Facebook ads, Adwords, remarketing, PPC, etc., will be charged individually and paid by the client according to the monthly invoice unless agreed upon by Triple Peak Marketing. These services are subject to a minimum ninety (90) day timeframe and may be renewed for another ninety (90) days after the initial period has ended. Reports and evaluations will be sent, by request of the client, showing the details of each service.

Prior to the end of the month, within the ninety (90) day timeframe, clients can move the following month’s budget between campaigns among the different services currently running. Any changes suggested/requested by the beginning or the middle of the month by the client will be applied the following month.

Service/Project Cancellation

In the rare event of cancellation of a monthly service or individual project for any reason, no part of the deposit or invoice amount paid is refundable to the client. The client must submit advanced written notice of cancellation and/or pay a fee for work scheduled, in progress or completed. The cancellation fee schedule is as follows:

Monthly Services
Unless otherwise specified and agreed upon by Triple Peak Marketing, a written Sixty (60) Day Cancellation Notice must be provided by the client no less than two (2) business days prior to the start of a new month or new monthly invoice date.

The client may at their discretion suspend services immediately by providing the Sixty (60) Day Cancellation Notice as outlined above and making payment equal to two (2) months of monthly services as specified on the most current invoice.

All cancellations received prior to the required aforementioned timeframe will become effective only at the start of a new month or new monthly invoice date with services ending Sixty (60) days after unless the aforementioned payment is made.

Should the client wish to return to monthly services a reactivation fee of $500+tax is required to resume service and initialize all contact points, data, website and development, advertising accounts and other collateral.

Individual Projects
The client must pay 50% of the remaining balance for preliminary work, concepts, or mock-ups, 75% of the remaining balance after preliminary work but before near-completion, 100% of the remaining balance for nearly completed or completed work regardless of final approval.

All additional expenses, if any, must be paid in full prior to cancellation.

Unless the full amount of the invoice is paid, the ownership of all copyrights and original artwork, including designs & source code, and any other mock-ups, shall be retained by Triple Peak Marketing. At no point is the client to be granted access to any designs, source code, mock-ups or other material related to the project unless the invoice is paid in full. Any unauthorized usage by the client of any of the project elements will result in appropriate legal action.

Abandoned Projects

A project will be considered abandoned if there has been no correspondence, written or verbal, from the client within thirty (30) days. The client will not have any usage rights to any of the project work completed by Triple Peak Marketing, unless the Invoice amount is paid in full. No part of the deposit or invoice amount paid will be refundable.

Should the client contact us after the thirty (30) day abandonment, a continuance fee equal to 50% of the original invoice amount will be charged and must be paid by the client immediately.

Deposits

Prior to the start of any individual website or graphic project, the client will be required to pay a minimum 50% non-refundable deposit of the total invoice amount and/or any setup fees as outlined. By remitting deposit funds / setup fees you are accepting our Policies & Contract Conditions and entering into a contract with Triple Peak Marketing.

The final balance is due upon approval of project, prior to finalization and release (uploading website to live server, sending print items to print, or providing digital files).

Payment(s)

All invoices, deposits and/or setup fees are due upon the date specified and are non-refundable. Unless otherwise agreed, a late payment charge will be applied to all invoices not paid on time. The late payment charge includes a $25+tax administration fee and is applied immediately after the payment due date is not honoured by the client and every 30 days thereafter the invoice remains unpaid.

If the client approves an expense (verbal or written), such as the purchase of artwork (stock photography or vector art) and changes their mind, the client will remain responsible for payment of these expenses, in addition to any replacement expenses.

Should the client request the development or design of any additional material for web or print purposes, the standard rate of $120/hr will be applicable and added to the invoice.

The client shall be liable for any legal costs incurred by Triple Peak Marketing required for the recovery of outstanding fees where legal intervention is required.

Merchant Surcharge / Interchange Fees
Beginning April 1st, 2023 all payments made by credit or debit card will be charged a 2.4% Credit / Debit Card Processing Fee. The Credit / Debit Card Processing Fee will be clearly displayed on the card processing receipt attached to the invoice.

Print Material

For any custom printed materials, orders will not be placed until payment in full is received from the client in advance. All print orders are subject to 3rd party production and timeframe. Triple Peak Marketing will make every effort to work with 3rd party print companies to expedite all print orders but cannot be held liable for any delay in production, loss or error in print.

Verbal Authorization

Although we make every effort to put most things in writing, occasionally certain fees or expenses are verbally discussed and authorized by the client. Invoices will include, and the client shall be obligated to pay, fees or expenses that were verbally authorized to Triple Peak Marketing.

Usage

The grant of any usage, license or right of copyright is conditioned on receipt of full invoice payment. Under no circumstances will mock-ups, drafts or final design files be released to either the client or a third party until all invoices and related fees are paid in full. Similarly, under no circumstances will a website be launched or set “live” until the entire balance of the website design and development fees are paid in full.

Refunds

All fees are non-refundable. Every effort will be made to create a website, digital service and/or graphic/print design that will please the client. However, because the nature of our business is creating “custom” products and providing digital services, no refunds will be given for any work contracted and no part of the fee is refundable to the client for any reason.

Ownership of Artwork

Under copyright law, as the creator of original art and design work, Triple Peak Marketing will retain ownership of all original print, website and/or design work, whether preliminary or final.

Triple Peak Marketing will transfer limited usage rights of the final product or implementation therein to the client, as specified on the original estimate, proposal or invoice upon receipt of full payment.

Because the nature of our business is creating custom work, such as logos, the transfers of rights will not entitle the client to unlimited usage and reproduction rights, unless otherwise specified, in writing, by Triple Peak Marketing.

All print and/or design work including for website, social media and print created by Triple Peak Marketing may be used for our company’s self-promotion purposes on our website, in print and social media.

Copyright Responsibility

It is the sole responsibility of the client to ensure that any intellectual property (artwork, photography, programming code, etc.) the client provides is owned by them in accordance with copyright laws.

Triple Peak Marketing cannot be held responsible for any copyright violations, legal actions or resulting fees due to items provided or requested by the client.

Likewise, client is responsible for completing such things as fictitious name searches prior to assigning logo designs.

Releases

The client will indemnify Triple Peak Marketing against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for uses which exceed authority granted by a release.

Limitations of Liability

The client agrees that any material submitted for publication – either in print or digital – will not contain anything leading to abusive or unethical use of Triple Peak Marketing.

Triple Peak Marketing cannot be held liable for any consequential or special damages, such as profit losses or damages financial or physical due to website or graphic design, SEO, digital marketing, social media, 3rd party printing, production and/or programming delays.

The client understands that the internet is forever changing, that the rules and requirements of the various search engines, hosting, domain and other online information providers are outside of Triple Peak Marketing’s control, and therefore cannot make any guarantees or warranties as to the specific results of Triple Peak Marketing’s design, marketing, programming, SEO and/or other advertising efforts.

Contract with Triple Peak Marketing

By entering into a Graphic/Print Design, Website, Digital Marketing, Social Media or Monthly Service project with Triple Peak Marketing, you are consenting, as a legal adult of eighteen (18) years or older, to be bound by the terms of these Policies & Contract Conditions.

Independent Contractor(s)
As the client, you agree that no joint venture, partnership, employment or agency relationship exists between Triple Peak Marketing and you, the client, as a result of this Contract or use of the services.

Client Obligations
The client shall provide timely access to digital properties required for the execution of our services, included but not limited to social media network authorizations, website access, software automation dashboard, email marketing software and other proprietary software used by the organization, which will be implemented as part of our services.

The client will not solicit or offer employment opportunities to any employed or contracted member of Triple Peak Marketing, or attempt to retain an individual on our team or affiliated company external to the services contract provided by Triple Peak Marketing for one year after termination of contract.

The client will keep in strict confidence all technical or commercial methods used by Triple Peak Marketing, including but not limited to marketing research, strategic development methods, and proprietary software used by our team members. This includes but is not limited to client staff and subcontractors, web hosts and other contract or salaried service providers.

Indemnification
The client agrees that it shall defend, indemnify, save and hold Triple Peak Marketing harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees associated with Triple Peak Marketing’s development of the Client’s services and/or project. This includes Liabilities asserted against Triple Peak Marketing, it’s directors, its subcontractors, its agents, its clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employee or assigns.

The client also agrees to defend, indemnify and hold harmless Triple Peak Marketing against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

Under no circumstances, including negligence, shall Triple Peak Marketing, its directors, its officers, agents or anyone else involved in creating, producing or distributing service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in production, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Triple Peak Marketing’s records, programs or services.

Notwithstanding the above, Client’s exclusive remedies for all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which the client paid during the term of this contract.

Abusive Behaviour
Triple Peak Marketing is a professional company who believes in professional communication, regardless of the situation. Abusive behaviour, abusive language or threats of any kind against any Triple Peak Marketing employees, officers, agents, and/or directors will not be tolerated.

By violating this policy, Triple Peak Marketing reserves the right, regardless of any written or verbal statement, notice and/or agreements, to permanently suspend or terminate a customer’s account without prior notice and without any refund.

Triple Peak Marketing reserves the right to require changes or disable as necessary, any website, account, database, content, or other component that does not comply with this policy, at its sole discretion and without notice. Triple Peak Marketing may, at its sole discretion, report all abusive behaviour to the proper authorities and/or entities.

Right to Refuse Service
At its sole discretion, Triple Peak Marketing has the right to refuse any and all service(s) to any applicant, customer, client whether it be an individual or legal entity. Triple Peak Marketing reserves the right to refuse, cancel, or suspend service at its sole discretion without notice. Triple Peak Marketing may deny client access to all or part of the service at its sole discretion and without notice.

Any client files hosted on the server when service has been cancelled, will be provided to the client upon request. The exception to the delivery of files is, in the event that said files, having been produced by Triple Peak Marketing, have not been paid for in full.

Jurisdiction
This site is controlled and operated by Triple Peak Marketing from its offices within the Province of Alberta, Canada. Triple Peak Marketing makes no representation that materials on the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Alberta. Any action you, any third party or Triple Peak Marketing bring to enforce this agreement or, in connection with, any matters related to the Site or services provided shall be brought only in the courts of the Province of Alberta, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforce-ability of any remaining provisions.

Waiver and Entire Agreement (Contract)
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except by Triple Peak Marketing.

A waiver of any terms, conditions and limitations is only effective if it is provided in writing by Triple Peak Marketing as part of the service agreement and contract and applies only to whom the waiver is addressed and the specific circumstances for issuing the waiver.

Each of the parties acknowledges and agrees that by entering into the contract, any verbal statement, representation (innocent or negligent) assurance or warranty (whether in writing or not) of any person (party to the contract agreement) does not negate, invalidate or create exception to the Policies & Contract Conditions set forth here.

Triple Peak Marketing may at any time assign, transfer, sub-contract or add new service providers to deliver services outlined in the contract, without prior notice to the client.

Triple Peak Marketing will occasionally update these Policies & Contract Conditions to reflect company/customer feedback and reserves the right to do so without prior notice. It is encouraged that clients periodically review these Policies & Contract Conditions.

Last Updated: January 2023.