These Terms apply to every engagement with Peak13, whatever form the Services take. A Contract is formed when you instruct us to begin work, whether that instruction is given in writing (including email) or given orally and confirmed by us in writing. These Terms take precedence over any of your own standard terms, unless we've agreed a variation with you in writing.
These Terms are for the supply of business services (not goods, and not to consumers). If you are engaging us as an individual rather than through a business, tell us before instructing us - these Terms are not intended to apply to consumer engagements.
We provide three services, described in full on our website at the time of your engagement:
The exact scope for your engagement is whatever is set out in our written proposal, quote, or confirming email to you. If nothing further is agreed in writing, the description on our website at the date you instructed us applies.
Fees for each tier are as set out in our written quote or proposal to you, or as published on our website at the date of your instruction, plus VAT where applicable.
Invoices are payable within 14 days of the invoice date. If payment is late, we may charge interest at 4% above the Bank of England base rate, accruing daily, and may suspend Services until payment is made in full.
We may end any engagement immediately, without liability, if you fail to pay an invoice when due, become insolvent, or commit a serious breach of these Terms that isn't fixed within 14 days of us telling you about it.
Unless we've agreed otherwise in writing for a specific Custom Built Software project, Peak13 retains ownership of the methods, frameworks, templates, and any general-purpose tools or code we use or develop in providing the Services. In exchange, we grant you a permanent, royalty-free licence to use and adapt anything we deliver to you (reports, workflows, custom software) for your own business.
This structure lets us keep improving and reusing what we build across clients, which is part of how we keep our fees below what a bespoke agency would charge. If a specific project needs full ownership transferred to you instead, say so before we start and we'll price and document that separately.
We'll have access to information about your business in the course of the Services. We won't use or disclose it except as needed to do the work, or where the law requires us to. You'll keep confidential anything we tell you about our own business or methods. Neither obligation applies to information that's already public, or that we're required by law to disclose.
We process personal data in line with our Privacy Policy. Where an engagement involves us processing personal data on your behalf (for example, tenant or staff data as part of an Audit or Retainer), we'll agree the terms of that processing with you separately before we begin.
We're not liable for any indirect or consequential loss. Our total liability to you under any engagement is capped at the fees you've paid us in the 12 months before the claim arose. This cap doesn't apply to liability for death or personal injury caused by our negligence, fraud, or anything else the law doesn't allow us to limit.
Peak13 acts as an independent contractor. Nothing in these Terms makes us your employee, agent, or partner.
If any part of these Terms is found unenforceable, the rest continues to apply. We may update these Terms from time to time (not including the fees agreed for a live engagement) - the current version is always the one published at garyquigley.co.uk/terms.html. These Terms are governed by English law, and both parties agree to the exclusive jurisdiction of the English courts.
Peak13 Potential Ltd, 50 Princes Street, Ipswich, Suffolk, IP1 1RJ. info@peak13.co.uk