Terms of Service

These terms govern the relationship between Ten Peaks Tech ("we", "us", "our") and any client or prospective client ("you") engaging our services. By engaging us — whether via a project agreement, retainer, or any other arrangement — you agree to these terms.

1. Our services

We provide web development, design, cloud infrastructure, API integration, CTO advisory, and related technology services. The specific scope, deliverables, timeline, and price for each engagement are defined in a separate written statement of work or project agreement, which forms part of these terms.

2. Fixed-price agreements

Where we quote a fixed price, that price is agreed before any work begins and will not change unless the scope changes. Any additions to scope — new features, significant design changes, or integrations not in the original brief — are agreed in writing and priced separately before work proceeds. We do not engage in hourly billing unless explicitly agreed otherwise in a project agreement.

3. Payment terms

• Project work is typically billed in instalments: a deposit on project start, milestone payments during development, and a final payment on delivery.
• Payment terms for each instalment are 14 days from invoice date unless otherwise agreed in writing.
• Retainer fees are invoiced monthly in advance.
• Late payments (beyond 14 days) may incur interest at the rate of 10% per annum from the due date.
• We reserve the right to pause work on any project where invoices are overdue by more than 14 days.

4. Intellectual property

Upon receipt of final payment, full ownership of all custom code, designs, and other deliverables produced for your project transfers to you. Until final payment is received, all work product remains the intellectual property of Ten Peaks Tech.

We may use open-source components in our work. These remain subject to their respective licences, which we will document in project handoff materials.

We may reference your company name and describe the nature of work completed (without disclosing confidential information) in our portfolio, case studies, and marketing materials, unless you request otherwise in writing.

5. Confidentiality

We treat all client information as confidential. We will not disclose your business data, product plans, or commercially sensitive information to third parties except where required by law or where necessary to engage sub-contractors bound by equivalent confidentiality obligations.

6. Your responsibilities

To deliver your project on time and on budget, we need your cooperation:

• Provide timely access to systems, credentials, and stakeholders as reasonably required.
• Review and provide feedback on deliverables within the agreed review windows (typically 5 business days).
• Ensure all content, images, and third-party materials you provide are licensed for the intended use.

Delays caused by delayed feedback, unavailable access, or scope changes are not counted against our delivery commitments.

7. Warranties and limitation of liability

We warrant that work will be performed with reasonable care and skill consistent with industry standards. We will remedy defects in our work that arise within 30 days of project delivery at no additional charge.

We are not liable for any indirect, consequential, or incidental losses — including lost revenue, data loss, or business interruption — arising from our work or its use. Our total liability for any claim is limited to the fees paid for the engagement to which that claim relates.

Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or any matter that cannot be limited by law.

8. Termination

Either party may terminate a project agreement with 14 days' written notice. Upon termination, you will be invoiced for all work completed to date at the agreed project rate. Work completed and paid for will be delivered to you.

Retainer agreements may be terminated with 30 days' written notice. Unused hours in the final month are not refundable but may be carried forward if agreed in writing.

9. Governing law

These terms and any dispute arising from them are governed by the laws of Queensland, Australia. Both parties agree to the non-exclusive jurisdiction of the courts of Queensland.

10. Changes to these terms

We may update these terms from time to time. The version in effect at the time a project agreement is signed governs that engagement.

Contact

Questions about these terms: josh@tenpeakstech.com

Ten Peaks Tech · ABN 74 676 618 354