Terms and Conditions

Terms and Conditions of Business

(1) By placing an order with us, you are offering to purchase a service on and subject to the following terms and conditions:

  1. All orders are subject to service availability and confirmation by us to you of the anticipated cost.
  2. All quoted costs exclude VAT and/or local taxes at the respective prevailing rate.
  3. Orders will not be deemed as accepted until a Purchase Order number is supplied by you to us and work will not commence until receipt of such Purchase Order number.
  4. In the event that you subsequently cancel the order, you will be liable for the cost of all work undertaken up to the point of cancellation, based on the agreed hourly rate.
  5. Except where explicitly agreed otherwise, payment is due within 30 days from our issue of invoice.
  6. Whilst we will agree timescales for service delivery, we will not be held liable for any consequential losses arising from any late delivery of our service.
  7. We will not be liable for non-performances of our obligations caused or resulting from industrial disputes or any other circumstances beyond our reasonable control such as an act of God, riots, civil commotion, flood, fire and legislation. If by reason of such circumstances it shall become impossible within a reasonable time for the company to wholly or partly supply the services ordered then the customer’s liability will be limited to the value of the services already undertaken, being charged at the agreed hourly rate.
  8. No guarantee is given, nor will any liability whatsoever be accepted by us in respect of the services that may be offered to you by any of our network of industry Subject Experts. You must fully satisfy yourself of their professional integrity, capability and insurance arrangements prior to engaging or placing any order with them
  9. If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
  10. These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
  11. The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Peak Risk Solutions Ltd. Any waiver of any provision of these Terms will be effective only if in writing and signed by a Director of Peak Risk Solutions Ltd. These Terms come into effect after the last document is sent by either party.
  12. We reserve the right to vary these terms and conditions.

Use of our Website

Disclaimer of Liability

(2) The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Peak Risk Solutions Ltd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Peak Risk Solutions Ltd’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

(3) You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

Indemnity

(4) You agree to indemnify, defend and hold harmless Peak Risk Solutions Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Prohibitions

(5) You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Peak Risk Solutions Ltd will report any such activity to the relevant enforcement authorities and disclose your identity to them.

Complaints

(6) We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

(7) If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Variation

(8) Peak Risk Solutions Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.