Terms of Service - Peak Code

Last updated: August 2026

1. Acceptance of Terms

By accessing and using this website (peakcode.nl) and Peak Code's services, you accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.

2. Service Description

Peak Code ("we," "us," "Peak Code") provides:

• Custom web application development
• Mobile application development (iOS & Android)
• Peak Code Ticketing System (SaaS)
• Managed IT services
• System integration and consulting

3. User Eligibility

By using our services, you represent that:

• You are at least 18 years old
• You have the legal authority to bind yourself to these terms
• You are not a minor or prohibited from using internet services
• All information you provide is accurate and truthful

4. Account Registration

4.1 Responsibility

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities under your account
• Notifying us immediately of unauthorized access
• Complying with all applicable laws

4.2 Account Suspension

We reserve the right to suspend or terminate your account if:

• Terms of service are violated
• You provide false or fraudulent information
• Your account is used for illegal purposes
• Payment is not received
• Non-payment for 30+ days

5. Services & Deliverables

5.1 Service Scope

The scope of each project is defined in a written agreement (Statement of Work, SOW) or email confirmation. Services are limited to what is explicitly stated in that agreement.

5.2 Development Standards

• Code will meet industry standards and best practices
• We will provide reasonable testing and debugging
• We do not guarantee error-free code or 100% uptime
• Browser/device compatibility limited to specifications in SOW

5.3 Client Responsibilities

You agree to:

• Provide timely, clear requirements
• Furnish necessary content and assets
• Make decisions and approvals promptly
• Provide access to systems/data as needed
• Notify us of issues within a reasonable timeframe

5.4 Timeline & Delays

Delivery dates are estimates unless explicitly guaranteed in writing. We are not liable for delays caused by:

• Client delays in providing information/approvals
• Third-party service issues
• Internet/hosting provider outages
• Force majeure events

6. Pricing & Payment

6.1 Pricing

Prices are in EUR unless otherwise stated. Prices are subject to change with 30 days' notice for recurring services.

6.2 Payment Terms

• Project-based: Payment due upon invoice (Net 30)
• Monthly services: Due on the 1st of each month
• Recurring services: Auto-billed to your payment method

6.3 Late Payment

Late payments incur:

• 1.5% monthly interest (18% annual)
• Collection costs
• Potential service suspension

6.4 Refund Policy

• No refunds for completed work (unless defective)
• SaaS subscriptions: Cancel by "end of month" for no future charges
• Cancellation does not entitle you to refunds for past usage

6.5 Taxes

You are responsible for any applicable VAT, sales tax, or other taxes. We will apply Dutch VAT (21%) unless a valid VAT ID is provided.

7. Intellectual Property

7.1 Your Content

You retain all rights to content you provide (text, images, logos). You grant Peak Code a non-exclusive license to use it solely to deliver the services.

7.2 Deliverables

Upon full payment, you own the final deliverables (website, app, code) we create for you, subject to third-party licenses.

7.3 Our IP

We retain ownership of:

• Our pre-existing code and templates
• Design patterns and methodologies
• Documentation and processes
• Tools and systems we use

You may use these only within the scope of the deliverables.

7.4 Third-Party Libraries

Deliverables may include open-source code (MIT, Apache, GPL, etc.). You agree to comply with their licenses.

8. Warranties & Disclaimers

8.1 Limited Warranty

We warrant that services will be performed in a professional and workmanlike manner, consistent with industry standards.

8.2 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAK CODE PROVIDES SERVICES "AS-IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

• Merchantability or fitness for a particular purpose
• Uninterrupted or error-free operation
• Security or data integrity
• Third-party compatibility
• Future compatibility with OS/browser updates

8.3 Limitation of Liability

PEAK CODE'S TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED:

• The amount paid for the specific service causing the claim
• If no payment was made: €500 EUR

PEAK CODE IS NOT LIABLE FOR:

• Indirect, incidental, or consequential damages
• Lost profits, revenue, or business opportunity
• Reputational damage
• Third-party claims
• Data loss (unless caused by our negligence)

9. Limitation of Liability

Even if Peak Code has been advised of the possibility of damages, we are not liable for:

• Loss of data
• Loss of revenue or profit
• Business interruption
• Damage to reputation
• Indirect or consequential damages

This applies regardless of the legal theory (contract, tort, strict liability).

10. Data & Security

10.1 Data Handling

We comply with GDPR and process your data according to our Privacy Policy. You are responsible for:

• Backing up critical data
• Encrypting sensitive information before transmission
• Complying with data protection laws

10.2 Security

We implement industry-standard security but cannot guarantee absolute security. You assume the risk of data breach.

10.3 Third-Party Services

We use third-party hosting, payment processing, and analytics providers. You agree to their terms of service.

11. Acceptable Use Policy

You agree NOT to:

• Use services for illegal activities or to violate laws
• Transmit malware, viruses, or malicious code
• Engage in harassment, threats, or hate speech
• Infringe on intellectual property rights
• Spam or phish for information
• Attempt to access unauthorized areas
• Reverse-engineer or decompile code (except as permitted by law)
• Resell or redistribute services without permission
• Overload servers (DDoS, automated scraping)

Violation may result in immediate termination.

12. Termination

12.1 Termination by You

• For recurring services: Cancel by month-end (no refund for past usage)
• For projects: Termination mid-project may incur penalties

12.2 Termination by Peak Code

We may terminate your account or services if:

• These terms are violated
• Payment is 60+ days overdue
• Your account poses a security risk
• You violate the acceptable use policy

Termination is effective immediately or upon 30 days' notice.

12.3 Upon Termination

• You must pay all outstanding balances immediately
• Access to services ceases
• We may delete your data after 90 days (unless required to retain)
• Sections on IP, Liability, and Indemnification survive termination

13. Indemnification

You agree to indemnify and hold harmless Peak Code, its owners, and employees from:

• Claims arising from your violation of these terms
• Claims related to content you provided
• Claims that your use infringes third-party rights
• Claims arising from your misuse of deliverables

14. Confidentiality

14.1 Your Information

We keep your business information confidential except:

• As required by law
• To enforce these terms
• To protect our rights
• With your consent

14.2 Our Methods

You acknowledge that our development methods, processes, and business information are confidential and proprietary.

15. Support & Maintenance

15.1 Project-Based Work

Support and maintenance are not included unless specified in a separate agreement.

15.2 Managed IT Services

Support is limited to:

• Business hours: Monday-Friday, 9 AM–5 PM CET
• Response time: Within 24 hours for non-critical issues
• Emergency support: Available 24/7 for critical outages (additional fee may apply)

15.3 SaaS Services

Support includes:

• Email support during business hours
• Community resources
• Bug fixes for confirmed issues
• No dedicated support engineer unless purchased separately

16. Changes to Terms

We may update these terms at any time. For recurring services, we provide 30 days' notice of material changes. Continued use constitutes acceptance.

17. Dispute Resolution

17.1 Governing Law

These terms are governed by Dutch law (Netherlands).

17.2 Jurisdiction

Disputes shall be resolved in the courts of the Netherlands.

17.3 Dispute Process

Before litigation, we encourage:

1. Good-faith negotiation (14 days)
2. Mediation (if negotiation fails)
3. Arbitration through the Dutch Chamber of Commerce (if mediation fails)

18. Severability

If any provision is found invalid or unenforceable, it will be removed, and the remaining terms will remain in effect.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any signed Statement of Work, constitute the entire agreement between you and Peak Code. Previous agreements are superseded.

20. Contact for Legal Notices

For legal inquiries:

Peak Code Email: info@peakcode.nl Website: peakcode.nl

Complaints or disputes: Email: support@peakcode.nl

21. Compliance

Peak Code complies with:

• Dutch Law (Burgerlijk Wetboek)
• GDPR (2016/679)
• ePrivacy Directive (2002/58/EC)
• Dutch Consumer Protection Act
• DPA (Data Protection Act)