Refund, Cancellation & Payment Terms

These Refund, Cancellation & Payment Terms apply to all Blue Peak Digital AI engagements: website development, AI-development, website redesign/upgrades, SaaS/web-app development, e-commerce, dashboards/analytics, business automation, API integrations, SEO, optimization, hosting, and maintenance/support services (collectively, "Services").

They work alongside our Terms, Privacy Policy, and any signed Proposal / Statement of Work (SOW). Where a signed SOW specifies different payment milestones or refund terms, the SOW controls for that engagement.

• Current service pricing and starting prices are displayed on the Blue Peak Digital AI website and/or provided in the customer's proposal. The accepted proposal or Statement of Work controls the final project price.
• Default project payment structure: 50% initial payment to begin the project, and 50% remaining balance due before final Production launch, transfer, or handoff. A specific signed proposal or SOW may override this structure.
• Payment is processed securely through our payment provider (Stripe). We do not store your card details.
• At checkout, the customer acknowledges the Master Service Agreement, the specific SOW, these Refund/Cancellation & Payment Terms, and the Terms of Service via a single affirmative acknowledgment control (no pre-checked boxes).
• We distinguish amounts earned through work already performed from amounts that may still be refundable under the agreement and applicable law. Not every payment is characterized as a non-refundable deposit.

• A payment is earned as corresponding work is performed and delivered, not merely when collected.
• The initial payment is earned against early-phase work (discovery, planning, design foundations) as that work is completed.
• The remaining balance is earned upon completion and handoff of the agreed deliverables.
• Where a proposal uses milestones, each milestone payment is earned when that milestone is delivered for your review.

• Where your proposal uses milestones, each milestone payment is due upon delivery of that milestone for review, before the next phase begins.
• We will notify you when a milestone is ready. Work on the next phase may be paused until the milestone payment is received.

• The remaining balance is due before or at formal handoff/launch, as stated in your proposal.
• We may withhold transfer of production credentials, source access, or public launch until the final payment has cleared.

• If a payment fails, is reversed, or is not made by the due date, we will send a written payment reminder/notice.
• You will have a 10 calendar-day cure period from that notice to make the payment.
• After the cure period, Blue Peak Digital AI may pause work on the engagement until the account is current.
• Any legally permitted collection remedies remain subject to the governing agreement and applicable law.

• If an undisputed payment remains unpaid after the cure period in §6, we may suspend active development, pause live environments, and stop new deliveries until the account is current.
• Suspension does not cancel the engagement and does not relieve the customer of amounts already earned for work performed.

You may request cancellation at any time by emailing digital@bluepeakaiagency.com with your project reference. Cancellation takes effect when we acknowledge it. The sections below explain what happens to payments and work.

• If you cancel before active development starts (i.e., before the "in development" phase), you remain responsible for any work already performed and delivered (such as discovery, planning, or design started under the initial payment), which is generally not refundable once performed.
• Any portion of the initial payment that corresponds to work not yet performed may be refundable, subject to the signed agreement and applicable law.

• If you cancel after work has started, you remain responsible for payment for work already performed and delivered up to the cancellation date (including discovery, planning, design, and any built components).
• Any portion of payments that corresponds to future, not-yet-performed phases may be refundable, subject to the signed agreement and applicable law, considering the work actually completed and nonrecoverable third-party costs.
• We will provide a written summary of work performed and amounts earned through cancellation.

Refunds are considered on a reasonable and proportional basis. We distinguish:

• work not yet performed
• work already performed
• completed milestones
• third-party expenses already incurred
• custom or transferred deliverables
• recurring service periods

A refund calculation considers the work actually completed and nonrecoverable third-party costs, subject to the signed agreement and applicable law. We do not state that every payment is automatically non-refundable. Refunds are not issued for earned work, completed milestones, or third-party expenses Blue Peak Digital AI cannot recover from the provider.

The following are generally not refundable once incurred, because they represent completed value or irreversible cost:

• Discovery, strategy, and planning deliverables provided to you.
• Design concepts, wireframes, and approved designs.
• Developed code, content, integrations, and configurations delivered for your review.
• Time spent on revisions, meetings, and project management.
• Third-party expenses already incurred (see §13).

You are responsible for third-party costs incurred on your behalf or required for your project, including but not limited to:

• Domain registration/renewal
• Hosting / CDN (e.g., Vercel, Cloudflare, AWS)
• API / software subscriptions (e.g., OpenRouter, Stripe, analytics, fonts, plugins)
• Licenses and paid integrations

These costs are pass-through, separate from Blue Peak Digital AI's professional-service fees, and are non-refundable once paid to the third party. We do not promise refunds for third-party charges Blue Peak Digital AI cannot recover from the provider.

• Any change to agreed scope (new pages, features, integrations, or redesign beyond the proposal) is a change request and may affect price and timeline.
• Change requests are documented (ideally via a written change order) and may require additional payment before work begins.
• We are not obligated to perform out-of-scope work without agreed compensation.

• Default: 2 reasonable revision rounds for each applicable review milestone, unless the accepted proposal/SOW states otherwise. The post-payment lifecycle includes a formal customer review stage where you can request revisions.
• Additional revisions or material scope changes require a written change request and may affect price and timeline.
• Revision requests do not pause payment-due dates unless we agree in writing.

• A project is considered stalled after 30 consecutive calendar days without required customer feedback, content, access, payment, or approval.
• Before placing a project on hold or requiring reactivation, we will make reasonable attempts to contact the customer (e.g., email reminders referencing the outstanding items).
• Earned work through the stall date remains due. Reactivating a stalled project does not require a re-engagement fee by default (none) and may require an updated timeline.

• Timelines depend on mutual cooperation. Delays caused by late content, feedback, approvals, or access may extend delivery dates; they do not entitle the customer to a refund of earned work.
• We will use reasonable efforts to keep your project moving and will remind you of outstanding items.

• If you dispute a legitimate charge, contact us first at digital@bluepeakaiagency.com so we can resolve it.
• Initiating a chargeback without first contacting us may result in suspension of access and pursuit of amounts owed, to the extent permitted by law.
• Fraudulent chargebacks may be reported to the payment provider and relevant authorities.

We may terminate an engagement if a customer engages in unlawful use, abusive conduct, refusal to cooperate in bad faith, or material breach (including non-payment beyond the cure period). Termination does not relieve payment for earned work.

• Upon cancellation, we will deliver (or grant access to) work already paid for and earned in a reasonable format.
• Work not yet paid for remains our property until paid (see §21).
• We will not deploy or transfer production credentials, custom domains, or public launch control until all earned amounts are settled.

• Until the final payment clears, Blue Peak Digital AI retains ownership and control of unpaid deliverables.
• Upon full payment, the customer receives ownership/rights to the specifically identified final deliverables according to the Service Agreement/SOW.
• Blue Peak Digital AI retains its pre-existing tools, frameworks, reusable components, methods, and know-how.
• Third-party components remain governed by their own licenses.

Recurring maintenance, hosting, automation management, or support services are governed by the specific service plan or SOW, including billing frequency and cancellation notice. This policy does not create a universal auto-renew rule. If automatic renewal is later introduced for any plan, California Automatic Renewal Law (ARL) compliance becomes a required launch gate before activation. Hosting and third-party subscriptions are pass-through (§13) and governed by their providers.

Email digital@bluepeakaiagency.com with:

• Your name and company
• Project reference / proposal ID
• Reason and requested effective date

We will respond with a written summary of earned work, any refund review, and next steps.

We may update these terms as our services evolve. Material changes will be reflected by a new effective date/version on this page. Continued engagement after an update constitutes acceptance of the updated terms, except where a signed SOW expressly states otherwise.

Contact: digital@bluepeakaiagency.com