Terms & Conditions

1. Definitions

In these Terms and Conditions:

• "Company," "we," "our," or "us" refers to Ashford Peak, a business consulting practice operating in Alberta, Canada
• "Client," "you," or "your" refers to the individual or organization engaging our consulting services
• "Services" refers to the consulting engagements offered by Ashford Peak, including Strategic Clarity Sessions, Competitive Landscape Analysis, and Transformation Leadership Support
• "Website" refers to the Ashford Peak website and all associated web properties
• "Agreement" refers to these Terms and Conditions together with any engagement letter or statement of work

2. Acceptance of Terms

By accessing our website, contacting us for information, or engaging our services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not use our website or services.

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our services. By engaging our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

3. Services Description

Ashford Peak provides strategic business consulting services to Canadian organizations. Our services include but are not limited to:

• Strategic Clarity Sessions for leadership decision-making support
• Competitive Landscape Analysis for market understanding
• Transformation Leadership Support for organizational change initiatives

Detailed scope, deliverables, and timelines for each engagement are specified in individual engagement letters or statements of work. Services are subject to availability and we reserve the right to decline engagements that do not align with our capabilities or capacity.

4. Engagement Process

4.1 Consultation and Proposal

Initial consultations to discuss potential engagements are provided at no charge. Following this discussion, we will determine whether to propose an engagement and, if appropriate, provide an engagement letter outlining scope, deliverables, timeline, and fees.

4.2 Engagement Letter

Each consulting engagement is governed by a written engagement letter or statement of work that specifies the services to be provided, deliverables, timeline, fees, and any special terms. The engagement letter, together with these Terms and Conditions, constitutes the complete agreement between parties.

4.3 Commencement of Services

Services commence upon execution of the engagement letter and receipt of any required initial payment. We reserve the right to suspend or terminate services if payment obligations are not met.

5. Client Responsibilities

Clients agree to:

• Provide accurate and complete information necessary for the engagement
• Designate appropriate personnel to work with our consultants
• Provide timely access to relevant information, data, and personnel
• Respond to requests for feedback or clarification in a timely manner
• Maintain confidentiality of our methodologies and work product
• Make payment in accordance with agreed terms
• Use our services and deliverables in compliance with applicable laws

6. Fees and Payment

6.1 Pricing

Our published pricing for standard engagements is available on our website. Custom engagements or additional services are priced based on scope and requirements. All fees are quoted in Canadian dollars (CAD) unless otherwise specified.

6.2 Payment Terms

Payment is due according to the terms specified in the engagement letter, typically:

• Strategic Clarity Sessions: Payment in full before session date
• Competitive Landscape Analysis: 50% upon engagement, 50% upon completion
• Transformation Leadership Support: Monthly retainer billed in advance

Invoices are payable within 30 days of invoice date unless otherwise agreed. Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

6.3 Expenses

Reasonable out-of-pocket expenses incurred in connection with providing services (such as travel costs for on-site engagements) will be billed separately with prior client approval unless included in the engagement fee.

7. Intellectual Property

7.1 Our Intellectual Property

All methodologies, frameworks, templates, and processes used by Ashford Peak remain our intellectual property. We grant clients a limited, non-exclusive license to use deliverables for their internal business purposes only.

7.2 Client Information

Clients retain all rights to their proprietary information, data, and materials provided to us. We do not claim ownership of client information but may use it as necessary to provide services.

7.3 Restrictions

Clients may not reproduce, distribute, or create derivative works from our methodologies, frameworks, or proprietary materials without our express written permission. Deliverables may not be used for commercial purposes beyond the client's internal operations.

8. Confidentiality

Both parties agree to maintain the confidentiality of proprietary and confidential information disclosed during the course of the engagement. This obligation includes:

• Not disclosing confidential information to third parties without written consent
• Using confidential information only for purposes of the engagement
• Protecting confidential information with reasonable security measures
• Returning or destroying confidential information upon request or engagement completion

Confidentiality obligations survive termination of the engagement. We will not use client engagements as case studies or references without explicit written permission.

9. Professional Standards and Disclaimers

9.1 Professional Conduct

We maintain professional standards and ethical practices in all engagements. Our consultants operate under professional codes of conduct and bring relevant experience and expertise to client work.

9.2 Advisory Nature of Services

Our services are advisory in nature. We provide analysis, recommendations, and guidance based on available information and our professional judgment. Clients retain full responsibility for all business decisions and implementation actions.

9.3 No Guarantees

While we strive to provide high-quality services, we cannot and do not make representations about specific business outcomes or results. Success depends on numerous factors beyond our control, including client implementation, market conditions, and organizational capabilities.

9.4 Professional Advice Disclaimer

Our consulting services do not constitute legal, accounting, or other licensed professional advice. Clients should consult appropriate licensed professionals for such matters.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total liability for any claims arising from or related to services provided shall not exceed the total fees paid for the specific engagement giving rise to the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or business opportunities
• We shall not be liable for client's use or misuse of our deliverables or recommendations
• Claims must be brought within one year of the date when the claimant knew or should have known of the circumstances giving rise to the claim

11. Indemnification

Clients agree to indemnify and hold Ashford Peak harmless from any claims, damages, or expenses arising from the client's use of our services or deliverables in a manner inconsistent with these terms or applicable law, or from client's breach of confidentiality or intellectual property obligations.

12. Termination

12.1 Termination by Client

Clients may terminate an engagement with written notice. Upon termination, client remains responsible for payment of all fees for work completed through the termination date, plus reasonable wind-down costs.

12.2 Termination by Ashford Peak

We may terminate an engagement with written notice if the client breaches these terms, fails to make payment when due, or if we determine in good faith that continuing the engagement would violate professional standards or create a conflict of interest.

12.3 Effect of Termination

Upon termination, confidentiality obligations survive, and we will provide deliverables completed to the termination date. Provisions regarding intellectual property, limitation of liability, and dispute resolution also survive termination.

13. Dispute Resolution

13.1 Governing Law

These Terms and Conditions are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

13.2 Jurisdiction

Any legal action or proceeding arising from or related to these terms shall be brought exclusively in the courts located in Edmonton, Alberta, and each party irrevocably submits to the jurisdiction of such courts.

13.3 Informal Resolution

Before initiating formal legal proceedings, parties agree to attempt to resolve disputes through good-faith negotiation. If negotiation fails to resolve the dispute within 30 days, either party may pursue legal remedies.

14. General Provisions

14.1 Entire Agreement

These Terms and Conditions, together with any engagement letter, constitute the entire agreement between parties regarding the subject matter and supersede all prior understandings or agreements.

14.2 Severability

If any provision of these terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

No waiver of any provision shall be deemed a continuing waiver or waiver of any other provision. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.4 Assignment

Clients may not assign their rights or obligations under these terms without our written consent. We may assign our rights and obligations to a successor entity in the event of a business transfer.

14.5 Notice

All notices required under these terms shall be in writing and delivered by email to the addresses specified in the engagement letter, with email notices deemed received upon confirmation of delivery.

15. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes become effective when posted to our website with an updated "Last Updated" date. Your continued use of our website or services after changes are posted constitutes acceptance of the modified terms.

Existing engagements continue to be governed by the terms in effect when the engagement was executed unless both parties agree in writing to updated terms.

16. Contact Information

For questions about these Terms and Conditions, please contact us: