TERMS OF SERVICE FOR PEAK CREATIV

Welcome to Peak Creativ. By subscribing to our web design and monthly maintenance services, you agree to be bound by these Terms of Service (“Terms”), which constitute a binding contract between you and Peak Creativ.

1. Service Description

Peak Creativ offers web design and monthly maintenance services, including but not limited to website development, updates, support, and general maintenance.

2. Service Inclusions and Limitations

Any package from us will include site updates, basic backup services, and 3 minor updates each month. For an overview of what a minor update entails please see the ‘Minor Website Updates’ section below. Services that fall under the ‘Major Website Updates’ category, or more than 3 minor updates within a single month will exceed the included service and result additional fees. Please note that minor updates and typical site updates are non-cumulative; they do not roll over from month to month. Unused updates within a month are forfeited and does not carry over to the next month. Upon receiving a client request, Peak Creativ will evaluate the scope of work. If it’s determined that the request exceeds the monthly included service time, we will provide a separate estimate for the additional work required. All additional charges will only be incurred with the client’s prior consent. Custom plans may be will be handled on a case-by-case basis as outlined in the plan terms.

Examples of Minor Website Updates (Typically Covered in Monthly Service fee):

• Adding or updating text content, such as news updates, blog posts, or staff bios.
• Updating contact information, business hours, or location details.
• Changing object color, paragraph font, or making simple layout adjustments (e.g., repositioning elements, resizing images).
• Updating or replacing images and banners.
• Basic SEO optimizations, like updating meta tags or alt text for a limited number of images.
• Updating, adding links, and fixing broken links.
• Installing or updating simple plugins or widgets (e.g., those that don’t require extensive configuration).
• Regular updates to CMS, themes, and plugins for security patches.
• Updating or adding social media links or embedding simple feeds.

Examples of Major Website Updates (Not Covered in Monthly Service fee):

• Complete overhaul of the website’s design, pages, theme, or structure, requiring extensive redevelopment.
• Major changes to the website’s branding, such as implementing new logos or comprehensive color scheme changes.
• Adding advanced features like e-commerce capabilities, booking systems, or custom forms.
• Integration of advanced plugins or third-party services requiring significant configuration.
• Creating and integrating a large volume of new content, such as extensive copywriting for multiple pages.
• Adding additional pages or making significant structural changes to current pages.
• Producing and integrating complex multimedia content like videos or interactive elements.
• Implementing comprehensive search engine optimization strategies across the website.
• Conducting in-depth keyword research and extensive SEO implementation.
• Changing or building custom themes, plugins, or specific functionalities that require advanced development skills.

3. Domain Name

Cost and Registration:

Peak Creativ covers the cost of registering and renewing one (1) domain name as part of your package for as long as you remain an active customer. An ‘active customer’ is defined as maintaining an ongoing subscription and being up-to-date with all service payments. This coverage includes both the initial registration and any subsequent annual renewals.

Transfer Assistance:

We offer assistance in transferring your domain from another hosting company to Peak Creativ at no additional charge. However, please note that any transfer fees charged by your current provider are the client’s responsibility.

Ownership and Transfer:

Clients retain full ownership of their domain names. If you decide to cancel your Peak Creativ account and transfer your domain to another provider, we will assist with the transfer. While we do not charge for assisting with the transfer, a prorated domain registration fee based on the remaining time in the annual registration period will be applied if more than 3 months remain. This fee is to cover the cost of the registration period that Peak Creativ has already paid for on your behalf. No transfer fee will be charged if 3 months or less of registration time remains, and the prorated fee will not exceed $20.

4. Hosting and Bandwidth

Hostinger’s Terms:

Our hosting services are provided in partnership with Hostinger, and thus, are subject to Hostinger’s terms of service, bandwidth, and usage policies. You can review these terms [HERE]. It’s important to note that exceeding Hostinger’s specified limits may result in additional fees or limitations on your service. While we offer ‘unlimited bandwidth’, this is governed by a fair usage policy to ensure service stability and prevent abuse. This policy is in place to support the typical needs of a small business website. For example, each account is typically allocated up to 6GB of database usage. Exceeding this limit might indicate usage patterns beyond typical small business operations.

Actions on Excessive Usage:

If your website usage or content significantly exceeds these limits and poses a risk to server stability, performance, or uptime, we may take actions such as:

• Requesting you to reduce your usage.
• Recommending an upgrade to a higher-tier plan more suited to your needs.
• Implementing restrictions on resource usage to maintain overall server and network stability.

Proactive Communication:

In any case of potential overuse, we aim to communicate proactively with you to find the best solution and avoid service interruptions.

5. Email Service

Cancellation of Email Service:

Email accounts linked to your Peak Creativ account will be cancelled concurrently with the termination of other services. While the email service will be terminated immediately upon cancellation, access to the email accounts will continue until the end of the current billing cycle.

Data Backup and Retention for Cancelled Services:

We strongly advise clients to back up all necessary email data prior to the termination date. Peak Creativ is not responsible for any data loss following the cancellation of the service. For a period of 2 weeks after the cancellation of your service, Peak Creativ will retain your email data for convenience. During this time, you may request a copy of your email data, which will be provided in a format like .pst or .mbox, as determined by Peak Creativ. Following this retention period, all email data associated with your cancelled account will be permanently deleted from our servers. You will be notified before this deletion occurs. After deletion, Peak Creativ cannot recover any email data.

Responsibility for Data Backup:

It is your responsibility to ensure that all email data is appropriately backed up before you request the cancellation or transfer of services. Peak Creativ will not be liable for any loss of data, information, or potential business that may occur due to inadequate data backup on the client’s part.

6. Payment Terms

Implementation Fees:

When you create your account and agree to a plan with Peak Creativ, Implementation Fees are charged. These fees cover the initial setup of your website, including design, customization, and any additional features you choose at the outset. Payment of these fees is due immediately upon account creation and plan selection.

Monthly Fees:

In addition to the initial Implementation Fees, we charge Monthly Fees for ongoing service and support. These fees are billed at the start of each billing cycle, which commences one month from the creation of your account. It’s important to note that late payments may result in the temporary suspension of services. We offer a grace period of 5 days for late payments, after which service suspension may take effect. To reactivate your services, outstanding fees must be cleared.

7. Cancellation and Refunds

14-Day Refund Policy:

Upon account creation, you are eligible for a full refund of any paid Implementation and Monthly Fees if you decide to cancel within 14 days, provided that no work has been initiated or completed on your website. This condition is crucial to ensure the policy is fair to both parties. To request a refund under this policy, please submit a written cancellation request to cancellation@peakcreativ.com or cancel through your online account within the 14-day period.

Cancellation Process Post-14 Days:

After the initial 14-day window, you can still cancel your services at any time. For cancellations via written notice sent to cancellation@peakcreativ.com, we will process the request within 5 business days of receipt. Cancellations executed through the online account will be effective immediately.

Refund Policy After Work Commencement:

If any work on your website has begun within the 14-day period, or after this period, the Implementation and any paid Monthly Fees become non-refundable. This policy reflects the investment of resources and time in initiating the services.

Service Continuation After Cancellation Notice:

After submitting your cancellation request, your services will continue until the end of the current billing cycle. No additional monthly fees will be billed beyond this cycle.

8. Intellectual Property Rights

Any content created by Peak Creativ during the web design process, including designs, code, graphics, and content, is owned by Peak Creativ unless otherwise agreed. Any content provided directly by the client as part of the creation or service of the website will remain the intellectual property of the client. Peak Creativ will not use video or image content provided by the client in any other project unless written consent has been obtained from the client.

9. Confidentiality and Privacy

See our Privacy Policy (HERE).

10. Service Modification and Availability

Peak Creativ reserves the right to modify, discontinue, or temporarily suspend any part of its services at any time, with proper notification to clients. This includes changes in service offerings, features, or pricing. Such modifications will be communicated to the Client in advance, and continued use of the services after any such changes shall constitute the Client’s consent to these changes.

11. Indemnification

The Client agrees to indemnify, defend, and hold harmless Peak Creativ and its affiliates, officers, agents, employees, and partners from any claim, demand, loss, liability, or expense, including reasonable attorney’s fees, arising out of or related to the Client’s use of the services, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.

12. Dispute Resolution and Mediation

In the event of a dispute arising under or in connection with these Terms or the services provided, the parties agree first to attempt to resolve the dispute through good faith negotiation. Should these negotiations fail, the parties agree to engage in mediation before resorting to arbitration or litigation. The costs of mediation shall be shared equally between the parties.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, terrorism, riots, war, governmental actions, or network infrastructure failures.

14. Compliance with Laws

Both Peak Creativ and the Client agree to comply with all applicable local, state, and federal laws and regulations in the execution and performance of the services under these Terms.

15. User Conduct and Responsibilities

Lawful and Respectful Use:

Clients agree to use Peak Creativ’s services in a manner that is consistent with all applicable laws and regulations and respects the rights and dignity of others. This includes abstaining from uploading, transmitting, or distributing content that is harmful, pornographic, violent, illegal, infringing on intellectual property rights, promoting hate speech, harassment, or any other content that is deemed offensive or unlawful.

Content Compliance:

Clients are solely responsible for ensuring that their content, including text, images, and multimedia, adheres to legal standards and does not violate any regulations or rights.

Consequences of Misuse:

Violation of these user conduct terms may result in actions taken by Peak Creativ, including but not limited to, a warning, suspension, or termination of services. Peak Creativ reserves the right to remove any content that violates these terms.

Account Security:

Clients are responsible for maintaining the confidentiality and security of their account login credentials. Peak Creativ should be notified promptly in case of any unauthorized use of their account or breach of security.

16. Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of either party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Utah where Peak Creativ is registered, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Utah.

18. Contact Information

For any inquiries or concerns regarding these Terms, please contact us at Service@PeakCreativ.com.