Terms of Service
Effective Date: June 26, 2026
1. Introduction and Acceptance of Terms
These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and NorthPeak Conversion Studio (“NorthPeak Conversion Studio,” “we,” “us,” or “our”), a conversion-marketing service provider operating in Canada.
By accessing our website, engaging our services, signing a proposal or statement of work, or otherwise indicating acceptance, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.
These Terms apply to all services provided by NorthPeak Conversion Studio, including conversion rate optimization audits, landing page strategy and optimization, A/B and multivariate testing, lead generation funnel optimization, website analytics and behavior tracking, paid media conversion alignment, and CRO copywriting and messaging refinement.
2. Scope of Services
NorthPeak Conversion Studio provides conversion-marketing consulting and implementation support focused on improving digital performance and user conversion outcomes. Services may include, without limitation:
- Conversion rate optimization audits and recommendations;
- Landing page strategy, structure, and optimization;
- A/B and multivariate testing planning, execution support, and analysis;
- Lead generation funnel optimization;
- Website analytics setup, review, and behavior tracking;
- Paid media conversion alignment and landing page messaging consistency;
- CRO copywriting and messaging refinement;
- Reporting, insights, and strategic recommendations.
Unless expressly agreed in writing, we do not guarantee specific business outcomes, conversion rates, revenue increases, search rankings, advertising performance, or other measurable results. Any estimates, projections, or forecasts are provided for informational purposes only and are not guarantees.
We may rely on information, access, and materials provided by you. You acknowledge that the quality and timeliness of our services may depend on your cooperation and the completeness of the information you provide.
3. User Obligations and Responsibilities
You agree to:
- Provide accurate, current, and complete information at all times;
- Cooperate promptly with reasonable requests for access, approvals, feedback, and materials;
- Ensure that you have all rights, licenses, and permissions necessary to provide us with any content, data, assets, logins, or materials;
- Comply with all applicable laws, regulations, and industry standards in connection with your use of our services;
- Not use our services for unlawful, misleading, infringing, defamatory, or fraudulent purposes;
- Maintain the security of any accounts, credentials, or systems you provide to us or that we access on your behalf;
- Review and approve deliverables, recommendations, and test plans in a timely manner.
You are solely responsible for the legality, accuracy, and appropriateness of your products, services, claims, offers, and marketing materials. You represent and warrant that any content or data you provide does not infringe the rights of any third party and complies with applicable Canadian laws, including consumer protection, anti-spam, privacy, and advertising laws where applicable.
4. Payment Terms and Conditions
Fees, billing schedules, and payment terms will be set out in a proposal, statement of work, invoice, or other written agreement. Unless otherwise agreed in writing:
- All fees are payable in Canadian dollars (CAD);
- Invoices are due upon receipt or within the payment period stated on the invoice;
- Late payments may result in suspension of services until all outstanding amounts are paid;
- You are responsible for all applicable taxes, including GST/HST, unless otherwise stated;
- Any third-party costs, tools, software, media spend, or platform fees are your responsibility unless expressly included in our fees.
If payment is made by credit card, electronic transfer, or another authorized method, you authorize us or our payment processor to charge the applicable amounts. We may require a deposit, retainer, or milestone payment before commencing work.
Disputed invoices must be raised in writing within ten (10) business days of the invoice date, with reasonable detail. Undisputed amounts remain payable when due.
5. Cancellation and Refund Policy
Either party may terminate services in accordance with the terms of the applicable proposal, statement of work, or written agreement. If no specific termination terms are provided, either party may terminate ongoing services by giving written notice.
Unless otherwise required by law or expressly agreed in writing:
- Deposits and retainers are non-refundable once work has commenced;
- Fees for work already performed, time already reserved, or deliverables already completed are non-refundable;
- Any approved third-party expenses are non-refundable;
- Refunds, if any, are issued at our sole discretion only where we determine a refund is appropriate under the circumstances.
If you cancel a project after work has begun, you remain responsible for all fees incurred up to the effective termination date, including any committed costs. Upon termination, we may cease work immediately and deliver any completed deliverables only after all outstanding amounts are paid, subject to the applicable agreement and law.
6. Liability Limitations
To the fullest extent permitted by applicable Canadian law, NorthPeak Conversion Studio and its directors, officers, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of data, business interruption, or loss of goodwill, arising out of or related to the services or these Terms, even if advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the services or these Terms shall not exceed the total fees paid by you to NorthPeak Conversion Studio for the specific services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim, or CAD $1,000, whichever is greater, unless a greater limitation is required or prohibited by law.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, wilful misconduct, or gross negligence where such limitation is not permitted.
You acknowledge that conversion optimization, analytics, and testing involve variables outside our control, including user behavior, market conditions, platform changes, technical issues, and third-party systems. We are not responsible for outcomes caused by such factors.
7. Intellectual Property Rights
Unless otherwise agreed in writing, all pre-existing intellectual property, methodologies, templates, frameworks, tools, software, processes, and know-how used by NorthPeak Conversion Studio remain our exclusive property or the property of our licensors.
Upon full payment of all applicable fees, and subject to any third-party rights and any separate written agreement, you will receive a non-exclusive, non-transferable license to use final deliverables created specifically for you for your internal business purposes. This license does not include our underlying methods, templates, or proprietary systems.
You retain ownership of your pre-existing materials, trademarks, logos, product information, and content you provide to us. By providing materials to us, you grant NorthPeak Conversion Studio a limited, non-exclusive, royalty-free license to use, reproduce, modify, and display such materials solely to perform the services.
Unless you object in writing, you grant us the right to reference your name and non-confidential project details in our portfolio, case studies, or marketing materials, provided that we do not disclose confidential information or personal information in a manner contrary to law or agreement.
8. Data Protection and Privacy
NorthPeak Conversion Studio is committed to protecting personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and any substantially similar provincial legislation where applicable.
In the course of providing services, we may collect, use, disclose, store, and process personal information and business data as necessary to deliver the services, manage our relationship with you, comply with legal obligations, and improve our operations. We will take reasonable administrative, technical, and physical safeguards appropriate to the sensitivity of the information.
You acknowledge that our services may involve access to analytics platforms, advertising accounts, website systems, customer relationship management tools, and other third-party services. Your use of such third-party services remains subject to their own terms and privacy policies.
You are responsible for ensuring that you have all required notices, consents, and legal bases to share personal information with us and to permit us to process it for the purposes of providing the services. Where applicable, you are responsible for providing any required website privacy notices, cookie disclosures, consent mechanisms, and marketing communications compliance.
For questions about privacy or data handling, contact us using the information in Section 12.
9. Force Majeure
Neither party shall be liable for any delay or failure in performance caused by events beyond its reasonable control, including acts of God, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, power outages, internet or telecommunications failures, government actions, or failures of third-party platforms, vendors, or service providers.
If a force majeure event continues for an extended period and materially affects the performance of the services, either party may suspend or terminate the affected services upon written notice, subject to payment for work performed and costs incurred up to the date of suspension or termination.
10. Changes to Terms
NorthPeak Conversion Studio may update or modify these Terms from time to time to reflect changes in our services, legal requirements, or business practices. The updated Terms will be effective upon posting or upon the date stated in the revised version, whichever is later.
Your continued use of our services after the effective date of any updated Terms constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the services and, if applicable, terminate any ongoing engagement in accordance with the relevant agreement.
11. Applicable Law and Jurisdiction
These Terms and any dispute, claim, or controversy arising out of or relating to them, the services, or any related agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles.
You agree that the courts located in Toronto, Ontario shall have exclusive jurisdiction and venue over any dispute arising from or relating to these Terms or the services, except where applicable law requires otherwise or where the parties agree to alternative dispute resolution in writing.
12. Contact Information
If you have questions about these Terms or our services, or if you need to provide notice under these Terms, please contact:
- NorthPeak Conversion Studio
- 120 King Street W, Suite 2100, Toronto, ON M5X 1A9, Canada
- Email: [email protected]
- Phone: +1 (416) 782-5946
13. Severability Clause
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
If any invalid or unenforceable provision can be modified to make it valid and enforceable, the provision shall be interpreted and enforced to the maximum extent permitted by law in a manner that most closely reflects the original intent of the parties.
By engaging the services of NorthPeak Conversion Studio, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.