Policies & Contract Conditions

Who we are

Our website address is: https://triplepeakmarketing.com.

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, referred to herein as the “Client” or “Customer”. Information collected from the Client will be used solely for the purpose of providing our services as requested by the Client and in accordance with our policies and contract terms.

Information collected from the Client will not be shared or sold to any outside third party unless authorized by the Client or required by law through a court order.

All sensitive information, such as credit card information, is guaranteed to be secure when submitted via our website, email, or phone call. This type of sensitive information will also be deleted from our records at the customer’s request.

Monthly Services

Each monthly service is billed independently, but specials or packages may apply and are subject to the agreements signed. The contract will continue on a month-to-month basis with a sixty (60) day written notice required prior to termination of the contract. During this time, Triple Peak Marketing will ensure that all digital properties, access and necessary 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. If payment is not received by the due date, a late fee will be added to the invoice.

Setup fees may apply for certain monthly services and are due upon agreement.

Website, Graphic Design and Management

The web or graphic design process begins when the client provides the initial information necessary to create 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 approved by the client to ensure that it meets their expectations and the balance of the invoice will be paid by the client.

Graphic design projects will be delivered ready for approval within two (2) to ten (10) business days. The client will be given two (2) opportunities to suggest any desired changes before the project is finalized and a high quality PDF, JPG or PNG file is created. If the client requests changes after the project is finalized, additional fees will be applied to the invoice or a new invoice will be created and must be paid before the project is released.

Website projects will be delivered ready for approval between twenty (20) and ninety (90) business days from the time all required content, logins and/or information is received from the client, depending on the number of pages requested and/or the complexity of the design and programming. 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 required 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 responsible for these delays.

Unless otherwise agreed, the client will be given two (2) opportunities to suggest any requested changes to be made before the site is launched. If the client requests additional changes, additional 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 government regulations may take 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 beyond Triple Peak Marketing’s control. Upon completion and approval of the website by the client, if desired, ownership and files will be transferred to the client along with the domain. Hosting, unless paid for separately, remains with Triple Peak Marketing.

Monthly website management services will be offered and provided at the request of the client and fees will vary depending on the type of changes and additions the client may request during the month.

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

If the client requests that any content (text or visual) be created by us rather than provided by the client, additional fees will apply. All content, updates or technical support must be provided and/or requested via email.

Social Media Management

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

Should the client require more content to be posted than the selected package amount, additional fees will apply.

Unless otherwise agreed, any kind of paid marketing (even through social media platforms) is not 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 portion of the deposit or invoice amount paid will be refunded to the client. The client must provide advance 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 to by Triple Peak Marketing, a written Sixty (60) Day Cancellation Notice must be provided by the client at least two (2) business days prior to the start of a new month or new monthly billing date.

The client may, at his or her discretion, immediately suspend the services by providing the sixty (60) day cancellation notice as outlined above and making a payment equal to two (2) months of monthly services as indicated on the most recent invoice.

Any cancellations received after the required time period above will not be effective until the beginning of the following month or next billing date with services ending sixty (60) days thereafter unless the aforementioned payment is made.

Should the client wish to return to monthly services, a reactivation fee of $500+tax will be 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 charges, if any, must be paid in full prior to cancellation.

Unless payment is made in full, ownership of all copyrights and original artwork, including designs & source code, and any other mock-ups, shall remain with Triple Peak Marketing. At no time will the client be given access to any designs, source code, mock-ups or other materials related to the project unless the invoice is paid in full. Any unauthorized use by the client of any element of the project will result in appropriate legal action.

Abandoned Projects

A project will be considered abandoned if there has been no written or verbal correspondence from the client within thirty (30) days. The client has no right to use 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 refunded.

If the client contacts us after the thirty (30) day cancellation period, a continuation fee equal to 50% of the original invoice amount will be charged and must be paid immediately by the client.

Deposits

Prior to the commencement of any individual website or graphic project, the client will be required to pay a non-refundable deposit of at least 50% of the total invoice amount and/or setup fees as outlined. By submitting the deposit/ setup fees, you are accepting our policies & contract terms and entering into a contract with Triple Peak Marketing.

The balance is due upon approval of the project, prior to finalization and release (uploading the website to the live server, sending the printed materials to the printer, or providing the digital files).

Payment(s)

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

If the client approves an expense (verbally or in writing), such as the purchase of artwork (stock photography or vector), and changes his or her mind, the client remains responsible for payment of that expense, in addition to any replacement costs.

Should the client require the development or design of additional material for web or print purposes, the standard rate of $120/hr with a 1 hour minimum will apply and be added to the invoice.

A Consultation Fee of $120/hr with a 1 hour minimum will be charged for any work or phone calls made to or done through a 3rd party or website not owned by Triple Peak Marketing in relation to or in conjunction with a client’s current website or digital project.

The client is responsible for all legal costs incurred by Triple Peak Marketing in the collection of any outstanding fees, should legal action be required.

Merchant Surcharge / Interchange Fees
Effective April 1, 2023, a 2.4% credit/debit card processing fee will be added to all payments made by credit/debit card. The credit/debit card processing fee will be clearly stated on the card processing receipt attached to the invoice after payment is made.

Print Material

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

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 satisfy the client. However, due to the nature of our business of creating “custom” products and providing digital services, no refunds will be given for any work contracted and no portion of the fee will be refunded to the client for any reason.

Ownership of Artwork

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

Upon receipt of full payment, Triple Peak Marketing will transfer to the client limited usage rights to the final product or its implementation, as specified in the original quote, proposal or invoice.

Because the nature of our business is the creation of custom work, such as logos, the transfer of rights does not entitle the client to unlimited rights of use and reproduction, unless otherwise specified in writing by Triple Peak Marketing.

All print and/or design work, including website, social media and print, created by Triple Peak Marketing may be used for our company’s self-promotional 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 shall indemnify Triple Peak Marketing against all claims and expenses, including reasonable attorneys’ fees, arising out of any use for which a release has not been requested in writing or for any use in excess of the authority granted by a release.

Limitations of Liability

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

Triple Peak Marketing will not be held liable for any consequential or special damages, such as lost profits or financial or physical damages due to website or graphic design, SEO, digital marketing, social media, third party printing, production and/or programming delays.

Client understands that the Internet is constantly changing and that the rules and requirements of the various search engines, hosting, domain and other online information providers are beyond Triple Peak Marketing’s control and therefore Triple Peak Marketing 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 to defend, indemnify, save and hold Triple Peak Marketing harmless from and against any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, in connection with the development of the client’s services and/or project by Triple Peak Marketing. This includes liabilities asserted against Triple Peak Marketing, it’s directors, it’s subcontractors, it’s agents, it’s 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, it’s agents, employees or assigns.

The client also agrees to defend, indemnify and hold harmless Triple Peak Marketing from any liability arising out of any injury to person or property caused by any products or services sold or otherwise distributed through the client’s website. This includes infringement of third party proprietary rights, copyright infringement, and delivery of defective products or misinformation that is harmful to another person, organization, or business.

Under no circumstances, including negligence, shall Triple Peak Marketing, its directors, officers, agents or anyone else involved in creating, producing or distributing the service be liable for any direct, indirect, incidental, special or consequential damages that result from the use or inability to use the service; or resulting from any error, omission, interruption, deletion, defect, delay in operation, delay in transmission, or failure of performance, including, but not limited to, acts of God, communications failure, theft, destruction, or unauthorized access to Triple Peak Marketing’s records, programs, or services.

Notwithstanding the foregoing, Client’s exclusive remedy for all damages, losses and causes of action, whether in contract, tort, including negligence, or otherwise, shall not exceed the total amount paid by Client during the term of this Agreement.

Abusive Behaviour
Triple Peak Marketing is a professional company that believes in professional communication regardless of the situation. Abusive behavior, verbal abuse or threats of any kind against any employee, officer, agent and/or director of Triple Peak Marketing will not be tolerated.

For violations of this policy, Triple Peak Marketing reserves the right, regardless of any written or oral statements, notices and/or agreements, to permanently suspend or terminate a customer’s account without notice and without refund.

Triple Peak Marketing reserves the right, in its sole discretion and without notice, to require modifications or disable any website, account, database, content or other component that does not comply with this policy. Triple Peak Marketing may, in its sole discretion, report any abusive behavior to the appropriate 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 an individual or entity. Triple Peak Marketing reserves the right, in its sole discretion, to refuse, cancel or suspend any service 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 the service is canceled 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 with respect to the subject matter contained herein and may not be modified except by Triple Peak Marketing.

No waiver of any term, condition or limitation shall be effective unless made in writing by Triple Peak Marketing as part of the Service Agreement and Contract and shall be limited to the parties to whom it is addressed and the specific circumstances under which it is made.

Each of the parties acknowledges and agrees that no oral statement, representation (whether innocent or negligent), assurance or warranty (whether in writing or not) of any person (party to the Agreement) shall, by entering into the Agreement, negate, waive or create any exception to the Policies & Contract Terms set forth herein.

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

Triple Peak Marketing will occasionally update these Policies & Contract Conditions to reflect company/client feedback and reserves the right to do so without prior notice. Clients are encouraged to review these Policies & Contract Conditions periodically.

Last Updated: January 2023.