In these Terms & Conditions, the following terms have the meanings set out below:
PeakDev / Service Provider: PeakDev, located at Spoorstraat 30A, Nijmegen, Netherlands.
Client: Any natural or legal person who enters into an agreement with PeakDev for the delivery of services.
Services: All work performed by PeakDev for the Client, including but not limited to website development, web application development, mobile app development, e-commerce solutions, branding, hosting, and maintenance.
Agreement: Any arrangement between PeakDev and the Client for the delivery of Services, including any amendments or additions thereto.
Project: A specific set of deliverables agreed upon between PeakDev and the Client.
These Terms & Conditions apply to all offers, quotations, agreements, and services provided by PeakDev, unless explicitly agreed otherwise in writing.
By accepting a quotation, placing an order, or entering into an agreement with PeakDev, the Client accepts the applicability of these Terms & Conditions.
Deviations from these Terms & Conditions are only valid if explicitly agreed upon in writing.
All quotations issued by PeakDev are non-binding and valid for 30 days from the date of issue, unless stated otherwise.
An agreement is established when the Client accepts a quotation in writing (including email), or when PeakDev commences work with the Client's knowledge and consent.
Additional work or changes requested by the Client that fall outside the original scope will be quoted separately and charged accordingly.
All prices quoted by PeakDev are in Euros (€) and exclusive of VAT (BTW), unless stated otherwise.
Payment terms are as follows unless agreed otherwise:
• 50% deposit upon agreement / before commencement of work
• 50% final payment upon delivery and acceptance of the project
• Hosting & maintenance: Invoiced monthly or annually in advance
Invoices must be paid within 14 days of the invoice date. In case of late payment, PeakDev reserves the right to charge statutory interest and collection costs.
Delivery timelines communicated by PeakDev are indicative and not binding deadlines, unless explicitly agreed otherwise in writing.
Delays caused by the Client (e.g., late delivery of content, feedback, or materials) may extend the delivery timeline accordingly.
PeakDev will inform the Client as soon as possible if a delay is expected and will work to minimize any impact on the project.
The Client is responsible for:
Upon full payment, the Client receives ownership of the custom-developed code, designs, and content created specifically for their project.
PeakDev retains the right to use general techniques, knowledge, frameworks, and reusable components (not client-specific) in future projects.
Third-party components (open-source libraries, fonts, stock images) remain subject to their respective licenses.
PeakDev reserves the right to mention the project in its portfolio, unless the Client objects in writing.
Upon delivery of the project (or a phase thereof), the Client has 7 business days to review and accept the work, or to report specific issues.
Each project includes up to 2 rounds of revisions within the agreed scope. Additional revision rounds will be quoted separately.
If the Client does not respond within 7 business days after delivery, the work is deemed accepted.
Hosting and maintenance services are provided on a subscription basis (monthly or annually). PeakDev strives for 99.9% uptime but does not guarantee uninterrupted service.
Maintenance includes security updates, software updates, and regular backups. Content changes or new features are not included unless specified in the maintenance agreement.
Hosting and maintenance subscriptions can be cancelled with 30 days written notice before the next billing period.
PeakDev's total liability is limited to the amount paid by the Client for the specific project or service in question, with a maximum of the amount covered by PeakDev's professional liability insurance.
PeakDev is not liable for:
Both parties are obligated to maintain confidentiality regarding all information obtained during the agreement that is reasonably understood to be confidential. This obligation continues after termination of the agreement.
Either party may terminate the agreement in writing if the other party fails to fulfill its obligations after receiving a written notice of default with a reasonable period to remedy the breach.
In case of early termination by the Client, all work completed up to that point will be invoiced, and the deposit is non-refundable.
PeakDev is not liable for failure to perform due to circumstances beyond its reasonable control, including but not limited to: natural disasters, internet outages, power failures, government actions, pandemics, or failures of third-party services. In such cases, obligations are suspended for the duration of the force majeure event.
These Terms & Conditions and all agreements between PeakDev and the Client are governed by Dutch law.
Any disputes arising from or in connection with these Terms & Conditions or the agreement will first be attempted to be resolved amicably. If this is not possible, the dispute will be submitted to the competent court in Gelderland, Netherlands.
For questions about these Terms & Conditions, please contact us: