Terms of Service — Apex Ascent
Legal

Terms of Service

Effective Date: January 1, 2025 Last Updated: January 1, 2025

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. Please read them carefully before proceeding.

01

Agreement to Terms

These Terms of Service constitute a binding agreement between you ("Client") and Apex Ascent (DBA of RAB AND ASSOCIATES LLC). This agreement becomes effective upon proposal signature, receipt of payment, or the commencement of any services — whichever occurs first.

If you do not agree to these terms, do not proceed with engaging our services.

02

Services

Apex Ascent provides business systems and automation services including, but not limited to:

  • CRM setup and infrastructure
  • Workflow and process automation
  • Website design and landing pages
  • SEO services and management
  • Security monitoring
  • AI assistant development
  • API and webhook integrations
  • Multi-channel communication systems
  • Reporting and analytics dashboards

All services are defined in the written proposal signed by both parties prior to work beginning.

03

Payment Terms

The following payment structure applies to all project engagements:

  • A 50% deposit is due upon signing the proposal. Work does not begin until the deposit and first month's retainer have been received.
  • The remaining 50% is due upon project completion, prior to final handoff of any deliverables.
  • For ongoing retainer services, the first month's retainer is collected alongside the initial deposit.

All payments are due in U.S. dollars. Invoices are issued electronically through our billing system.

04

Late Payments

Invoices not paid within 7 days of the due date are considered past due. The following consequences apply:

  • A late fee of 1.5% per month will be applied to all outstanding balances
  • Apex Ascent reserves the right to pause all active work until the account is brought current
  • Access to any delivered systems, platforms, or tools may be suspended for non-payment
  • Accounts remaining unpaid after 30 days may result in termination of the engagement
05

Refund Policy

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

This policy exists because work begins immediately upon deposit receipt — including discovery, planning, account setup, and resource allocation. The deposit compensates for time and resources committed to your project from day one.

If you have concerns about project progress or deliverables, please contact us directly. We are committed to resolving issues and delivering results as agreed.

06

Scope of Work

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 requires written approval before work begins.

  • Change orders will include a description of the additional work, estimated timeline, and associated cost
  • No out-of-scope work will be performed without written Client approval
  • Repeated scope changes may affect the project timeline and delivery date
07

Client Responsibilities

The Client agrees to the following in order to ensure timely project delivery:

  • Provide all required account access, credentials, and assets in a timely manner
  • Complete the project intake form within 5 business days of signing
  • Respond to questions, review requests, and approvals within 3 business days
  • Designate a primary point of contact for communication throughout the engagement

Delays caused by the Client's failure to provide timely responses or required materials may extend the project timeline. Apex Ascent is not responsible for delays attributable to the Client.

08

Retainer Services

Monthly retainer agreements provide ongoing support, maintenance, and system management. Retainer terms include:

  • Agreements are month-to-month — no long-term contracts required
  • A 30-day written notice is required to cancel a retainer agreement
  • Retainer services typically include maintenance, a monthly update sprint, monitoring, and priority support
  • Unused retainer hours do not roll over to the following month
09

Intellectual Property

Upon receipt of final payment in full, the Client owns all custom deliverables created specifically for their engagement — including websites, automations, CRM configurations, and custom code.

Apex Ascent retains ownership of all proprietary frameworks, methodologies, templates, and processes used in delivering services. These may not be copied, distributed, or resold.

Any third-party software, platforms, or tools used in the delivery of services remain subject to their respective license agreements.

10

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the engagement. This includes:

  • Business processes, systems, and internal documentation shared by the Client
  • Apex Ascent's methodologies, frameworks, pricing, and internal processes
  • Any information designated as confidential by either party in writing

The Client may not share, reproduce, or distribute Apex Ascent's internal processes, templates, or workflows without prior written consent.

11

Limitation of Liability

Apex Ascent's total liability to the Client for any claim arising out of or relating to these terms or the services provided shall not exceed the total fees paid by the Client in the three (3) months preceding the claim.

In no event shall Apex Ascent be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, or business interruption — even if advised of the possibility of such damages.

12

Termination

Either party may terminate the engagement with 30 days written notice. The following exceptions apply:

  • Apex Ascent may terminate immediately for non-payment after 30 days past due
  • Apex Ascent may terminate immediately for material breach of these terms by the Client
  • Upon termination, the Client is responsible for all fees incurred up to the termination date
  • Deliverables completed and paid for prior to termination will be handed off to the Client
13

Disputes & Governing Law

These Terms of Service are governed by the laws of the State of North Carolina, without regard to its conflict of law provisions.

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules, and the arbitration shall take place in North Carolina.

14

SMS Messaging Program

By providing your phone number and opting in, you consent to receive SMS messages from Apex Ascent related to your inquiry, project, or appointment.

  • Message frequency: typically 1–5 messages per month
  • Message and data rates may apply depending on your carrier
  • To opt out at any time, reply STOP to any message
  • For help, reply HELP or contact us at [email protected]
  • This program is available to individuals 18 years of age and older only
We do not share, sell, rent, or trade your phone number or SMS opt-in data with third parties for marketing purposes.
15

Contact Us

For questions about these terms, please reach out directly:

Apex Ascent — Legal Inquiries

Response time: Within 30 business days