Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the website at peak-tek.com (the “Site”) and any professional services provided by PEAK TECH SOLUTIONS LLC, a Florida limited liability company doing business as “Peak Tek” (“Peak Tek”, “we”, “us”, or “our”). By using the Site or engaging us for services, you agree to these Terms. If you do not agree, do not use the Site or our services.

1. Who we are

PEAK TECH SOLUTIONS LLC, 645 NE 125th Street, Suite 201-F, North Miami, FL 33161, USA. Contact: info@peak-tek.com. Peak Tek provides software consulting and development services to businesses.

2. Business customers only

Our services are offered to businesses and organizations, not to consumers for personal, family, or household purposes. By engaging us, you represent that you are acting on behalf of a business and that the person accepting these Terms has authority to bind that business.

3. Services and statements of work

We provide custom software development, web and mobile application development, AI and data solutions, and dedicated nearshore engineering teams. Each engagement is governed by a written proposal and a signed statement of work (“SOW”) that defines the scope, deliverables, milestones, timeline, and fees. If an SOW conflicts with these Terms, the SOW controls for that engagement.

Any work outside the agreed scope is treated as a change request and requires a written amendment before we begin it.

4. Client responsibilities

• Provide timely access to information, systems, accounts, and decision-makers.
• Review deliverables and provide feedback or approval within the periods set in the SOW.
• Ensure that any content, data, or third-party materials you supply may lawfully be used for the project.
• Maintain your own licenses and subscriptions for third-party services we integrate.

Delays caused by pending client input may shift milestone dates and delivery schedules.

5. Fees, invoicing, and payment

Fees are stated in the applicable SOW and may be structured as deposits, milestone payments, monthly retainers, or time-and-materials. Unless the SOW states otherwise, invoices are due within fifteen (15) days of the invoice date. Payments are made by credit card, debit card, or ACH and are processed by Stripe; we do not store full card numbers.

Late amounts may accrue interest at 1.5% per month (or the maximum permitted by law, whichever is lower), and we may suspend work on overdue accounts after written notice. All fees are exclusive of applicable taxes, which are your responsibility except for taxes on our net income.

6. Intellectual property

Upon full payment of all amounts due for an engagement, we assign to you the custom deliverables created specifically for you under the applicable SOW. We retain ownership of our pre-existing materials, tools, frameworks, libraries, and general know-how, and we grant you a perpetual, non-exclusive, worldwide license to use those materials to the extent they are embedded in the deliverables.

Third-party and open-source components remain subject to their own licenses. You retain ownership of all content, data, and materials you provide to us.

7. Confidentiality

Each party will protect the other party’s non-public information with at least reasonable care and use it only to perform or receive the services. This obligation does not apply to information that is public through no fault of the receiving party, independently developed, or lawfully received from a third party, and it does not prevent disclosure required by law.

8. Warranty and disclaimer

We warrant that services will be performed in a professional and workmanlike manner by qualified personnel. Unless stated otherwise in an SOW, we will correct reproducible defects in a deliverable that are reported within thirty (30) days of delivery, at no additional charge.

Except for that express warranty, the Site and the services are provided “as is” and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant the output of AI systems, which should be reviewed by a human before being relied upon.

9. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total aggregate liability arising out of or relating to an engagement will not exceed the fees you paid to us under the applicable SOW during the twelve (12) months preceding the event giving rise to the claim. These limits do not apply to a party’s indemnification obligations, breach of confidentiality, or willful misconduct.

10. Term, suspension, and termination

Either party may terminate an engagement for convenience with thirty (30) days’ written notice, or immediately for a material breach that remains uncured fifteen (15) days after written notice. On termination you will pay for all work performed and non-cancellable costs incurred through the effective termination date. Cancellations and refunds are further described in our Refund & Cancellation Policy.

11. Independent contractor; non-solicitation

We act as an independent contractor, not as your employee, agent, partner, or joint venturer. During an engagement and for twelve (12) months afterwards, neither party will directly solicit for employment any individual who worked on the engagement for the other party, except through general public job postings.

12. Acceptable use of the Site

You may not use the Site to break the law, attempt unauthorized access, interfere with its operation, scrape it in a way that degrades performance, or misrepresent your identity or affiliation with Peak Tek.

13. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict of law rules. The parties agree to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, and each party waives any objection to venue there.

14. Changes to these Terms

We may update these Terms from time to time. The version published on this page with the “Last updated” date above is the version in effect. Material changes do not retroactively alter a signed SOW.

15. Contact

Questions about these Terms: info@peak-tek.com, or PEAK TECH SOLUTIONS LLC, 645 NE 125th Street, Suite 201-F, North Miami, FL 33161, USA.