Terms and Conditions

Terms and Conditions for Marketing Services

1. Introduction

Welcome to Peakreach Marketing Solutions. These Terms and Conditions govern the provision of marketing services by Peakreach Marketing Solutions to the client (“you” or “Client”). By engaging our services, you agree to be bound by these Terms and Conditions.

2. Services

Peakreach Marketing Solutions agrees to provide the marketing services described in the service agreement or proposal document. The scope of services may include, but is not limited to, digital marketing, social media management, content creation, SEO, PPC advertising, email marketing, and other related services.

3. Fees and Payment

• Fees: The fees for the services will be outlined in the service agreement or proposal. All fees are payable in the manner and at the times specified in the agreement.
• Payment Terms: Payments are due within 15 days from the date of invoice unless otherwise specified. Late payments will incur a late fee of 1.5% per month on the outstanding balance.
• Taxes: Client is responsible for all applicable taxes related to the services provided.

4. Term and Termination

• Term: The term of this agreement will commence on the effective date specified in the service agreement and will continue until terminated by either party in accordance with these Terms and Conditions.
• Termination for Convenience: Either party may terminate this agreement by providing 30 days written notice to the other party.
• Termination for Cause: Either party may terminate this agreement immediately upon written notice if the other party breaches any material term of this agreement and fails to cure such breach within 10 days after receiving written notice of the breach.
• Effect of Termination: Upon termination, Client shall pay for all services rendered up to the date of termination and any outstanding fees and expenses.

5. Client Responsibilities

• Cooperation: Client agrees to provide Peakreach Marketing Solutions with all necessary information, access, and cooperation to enable the delivery of services.
• Content: Client is responsible for the accuracy, quality, and legality of any content provided to Peakreach Marketing Solutions for use in marketing materials.
• Approvals: Client shall provide timely feedback and approvals as necessary for Peakreach Marketing Solutions to perform the services.

6. Confidentiality

• Confidential Information: Both parties agree to maintain the confidentiality of all confidential information disclosed during the course of this agreement. Confidential information shall not include information that is publicly available or independently developed.
• Non-Disclosure: Neither party shall disclose the other party’s confidential information to any third party without prior written consent.

7. Intellectual Property

• Ownership: All intellectual property rights in the materials created by Peakreach Marketing Solutions in the course of providing the services shall remain the property of Peakreach Marketing Solutions until full payment is received.
• License: Upon receipt of full payment, Peakreach Marketing Solutions grants the Client a non-exclusive, non-transferable license to use the materials created for the purpose outlined in the service agreement.

8. Warranties and Disclaimers

• Warranties: Peakreach Marketing Solutions warrants that it will perform the services with reasonable skill and care.
• Disclaimers: Except as expressly provided in these Terms and Conditions, Peakreach Marketing Solutions disclaims all other warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

9. Limitation of Liability

• Liability: Peakreach Marketing Solutions shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits or revenues, arising out of or in connection with the services provided.
• Cap on Liability: In no event shall Peakreach Marketing Solutions' total liability exceed the amount paid by Client for the services in the six months preceding the event giving rise to the liability.

10. Indemnification

Client agrees to indemnify, defend, and hold harmless Peakreach Marketing Solutions and its affiliates, officers, agents, and employees from any and all claims, liabilities, damages, and expenses (including reasonable attorney's fees) arising out of or in connection with Client’s use of the services or breach of these Terms and Conditions.

11. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, or labor disputes.

12. Governing Law and Dispute Resolution

• Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of [Your State].
• Dispute Resolution: Any disputes arising out of or in connection with this agreement shall be resolved through good faith negotiations. If the dispute cannot be resolved through negotiations, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

13. Miscellaneous

• Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
• Amendments: Any amendments to this agreement must be in writing and signed by both parties.
• Severability: If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: The failure of either party to enforce any provision of this agreement shall not be deemed a waiver of that provision or any other provision.

By engaging Peakreach Marketing Solutions for marketing services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

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