Terms of Service

By signing a proposal, making a payment, or engaging Apex Ascent for any services, you ("Client") agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and Apex Ascent ("we," "us," "our").

If you do not agree to these terms, do not engage our services or make any payment.

Apex Ascent provides business systems, CRM setup, workflow automation, website design, SEO services, and security monitoring. The specific services to be delivered are outlined in a written proposal provided to and signed by the Client prior to any work beginning.

We reserve the right to refuse service to any prospective client at our sole discretion.

All engagements are structured as follows:

• Deposit: 50% of the total project fee is due upon signing the proposal. Work does not begin until the deposit and first month's retainer are received.
• Final balance: The remaining 50% is due upon project completion, prior to the final handoff of systems, credentials, or deliverables.
• Monthly retainer: The first month's retainer is collected alongside the deposit. Ongoing retainer payments are due on the same calendar date each month.

All payments are processed via Stripe. Invoices are issued electronically and are due upon receipt unless otherwise stated in the proposal.

Invoices not paid within 7 days of the due date are considered past due. Apex Ascent reserves the right to:

• Pause active work until payment is received
• Suspend access to any systems, portals, or deliverables managed by Apex Ascent
• Charge a late fee of 1.5% per month on any outstanding balance
• Terminate the engagement if payment is not received within 30 days of the due date

All deposits are non-refundable. Once work has begun, no refunds will be issued for any portion of the project fee already invoiced.

Monthly retainer fees are non-refundable for any month in which services have been rendered.

If Apex Ascent is unable to deliver the agreed scope of work due to circumstances within our control, we will work with the Client to remedy the situation, which may include additional work at no charge or a partial credit at our discretion.

The scope of work is defined in the written proposal signed by both parties. Any work requested outside the agreed scope is subject to a separate change order and additional fees.

Apex Ascent will notify the Client in writing before undertaking any out-of-scope work. Out-of-scope work will not be performed without written approval from the Client.

Reasonable revision requests within scope are included. Significant changes to direction, strategy, or requirements after delivery may constitute new or additional scope.

The Client agrees to:

• Provide timely access to required accounts, platforms, credentials, and information necessary to complete the work
• Complete the Client Intake Form within 5 business days of the deposit being received
• Respond to questions or requests for information within 3 business days
• Designate a primary point of contact for the engagement
• Review and approve deliverables in a timely manner

Delays caused by the Client's failure to meet these responsibilities may result in timeline extensions and do not constitute grounds for a refund.

Monthly retainer agreements are month-to-month with 30 days written notice required to cancel. Notice must be provided via email to [email protected].

The retainer covers the services specified in the proposal, which typically include maintenance, one update sprint per month, system health monitoring, and direct support access. Additional work beyond this scope is billed separately.

Apex Ascent reserves the right to adjust retainer pricing with 30 days written notice to the Client.

Upon receipt of final payment in full, the Client owns all deliverables created specifically for their engagement, including website design, custom code, and written copy.

Apex Ascent retains ownership of any proprietary frameworks, templates, systems, or methodologies used in the delivery of services. These are licensed to the Client for use within their business but may not be resold, transferred, or used to provide services to third parties without written permission.

The Client represents that all materials they provide to Apex Ascent are owned by or properly licensed to the Client, and that using them will not infringe on any third-party rights.

Both parties agree to keep confidential any proprietary information, trade secrets, business strategies, financial information, or client data shared during the engagement.

Apex Ascent will not disclose Client information to third parties except as necessary to deliver the agreed services, or as required by law.

The Client will not share Apex Ascent's internal processes, pricing structures, proposal documents, or system architectures with third parties without prior written consent.

Apex Ascent's total liability to the Client for any claim arising from or related to our services shall not exceed the total fees paid by the Client in the 3 months preceding the claim.

We are not liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of revenue, data, profits, or business opportunities, even if we have been advised of the possibility of such damages.

We are not responsible for failures or outages of third-party platforms including GoHighLevel, Stripe, Google, or any other tool used to deliver our services.

Either party may terminate the engagement with 30 days written notice. Upon termination:

• All outstanding invoices become immediately due and payable
• Apex Ascent will provide the Client with all deliverables completed to date, proportional to the fees paid
• Access to any systems managed by Apex Ascent on behalf of the Client will be transferred within 5 business days of final payment

Apex Ascent may terminate the engagement immediately, without notice, in the event of non-payment, abuse, or material breach of these terms by the Client.

These terms are governed by the laws of the State of North Carolina, United States, without regard to conflict of law principles.

Any dispute arising from these terms or our services shall first be addressed through good-faith negotiation between the parties. If a resolution cannot be reached within 30 days, disputes shall be submitted to binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules.

SMS Program Description: Apex Ascent operates an SMS messaging program to communicate with contacts who have explicitly opted in. Message types include appointment confirmations, lead followup, business communications, and service reminders.

How to Opt In: You opt in by submitting the booking form at apex-ascent.com/book-a-call and checking the SMS consent checkbox. By opting in you agree to receive text messages from Apex Ascent at the phone number you provided.

How to Opt Out: You may opt out of SMS messages at any time by replying STOP to any message you receive from us. After opting out you will receive one final confirmation message and then no further SMS messages will be sent to your number.

Message Frequency: Message frequency varies based on your interactions with us, typically 1 to 5 messages per month. We will not send excessive or unnecessary messages.

Message and Data Rates: Message and data rates may apply. These charges are determined by your mobile carrier and plan. Apex Ascent does not charge separately for SMS messages.

Support: For help with SMS messages reply HELP to any message or contact us at [email protected] or (910) 600-6350.

Carrier Liability Disclaimer: Carriers are not liable for delayed or undelivered messages. Apex Ascent is not responsible for any delays or failures in message delivery caused by your mobile carrier or network conditions.

Age Restriction: Our SMS program is intended for individuals 18 years of age or older. By opting in to receive SMS messages you confirm that you are at least 18 years old.

Privacy Policy: Your phone number and SMS opt-in data will never be shared, sold, or rented to third parties for marketing purposes. For full details see our Privacy Policy at apex-ascent.com/privacy-policy.

Apex Ascent reserves the right to update these Terms of Service at any time. For active clients, we will provide 30 days written notice of any material changes. For prospective clients, the current version of these terms applies at the time of engagement.

Your continued use of our services after notice of changes constitutes acceptance of the updated terms.

If you have any questions about these terms, please contact us at [email protected].