Terms of Business
We believe the best projects are built on clear communication, mutual trust and shared expectations.
These Terms of Business explain how we work, what you can expect from us, and what we’ll need from you to help keep your project running smoothly. They form part of every quotation and proposal provided by Peekaboo Limited unless otherwise agreed in writing.
We’ve written them in plain English wherever possible because we’d much rather spend our time creating brilliant work than debating small print.
Definitions
Throughout these Terms of Business, the following definitions apply.
You (the Client)
The individual, company or organisation instructing Peekaboo Limited to carry out work.
We (Peekaboo)
Peekaboo Limited.
Proposal
A quotation, estimate or written proposal outlining the agreed scope, deliverables, costs and project timescales.
Project
The agreed body of work undertaken by Peekaboo, whether or not it is preceded by a formal proposal.
Project Timeline
The schedule prepared at the start of a project showing key milestones, approvals and delivery dates.
Sign-off
Confirmation from you, whether written or otherwise, approving completed work and authorising us to proceed to the next stage of the project.
Materials
Any designs, graphics, code, documents, artwork or other assets created by Peekaboo during the project.
Delivery
The point at which the agreed project has been completed. For example:
- Website projects: When the website goes live.
- Print projects: When the finished materials have been delivered.
- Advertising campaigns: When the agreed campaign has been published.
Duration
These Terms remain in force until all outstanding invoices have been paid. For ongoing services such as website hosting, support or maintenance, they continue for the duration of those services.
Proposals & Quotations
Every project begins with a proposal outlining the agreed scope, costs and expected timescales.
Cost Variations
Our proposals are based on current supplier and production costs. If these costs increase before or during a project, we reserve the right to revise our quotation where necessary.
VAT
Unless otherwise stated, all prices are exclusive of VAT. VAT will be charged at the prevailing rate where applicable.
Preliminary Work
Research, planning, concept development or exploratory work requested before a project is commissioned may be chargeable.
Unless otherwise agreed in writing, all preliminary concepts, visuals and design work remain the intellectual property of Peekaboo.
Third-party Recommendations
From time to time we may recommend trusted third-party suppliers, software providers or technology partners.
These recommendations are made in good faith. However, Peekaboo cannot accept responsibility or liability for the services, products or advice provided by third parties.
Working Together
The best projects are collaborative. To help keep everything running smoothly, we both agree to the following.
You agree to
- Provide all information, content and materials reasonably required to complete the project.
- Review our work and provide feedback within the agreed project timeline.
- Sign off work at agreed milestones before we move to the next stage.
- Make every reasonable effort to meet agreed deadlines.
- Pay invoices in accordance with the agreed payment terms.
- Provide at least one month’s written notice if you wish to cancel an ongoing project or service, unless otherwise agreed.
We agree to
- Deliver our services professionally and with reasonable skill and care.
- Make every reasonable effort to achieve agreed project timescales.
- Include up to two rounds of revisions to agreed design concepts unless otherwise stated in your proposal.
- Discuss and agree any work outside the original project scope before proceeding.
- Respond to project queries promptly during normal working hours.
- Continue investing in our team’s knowledge, skills and professional development.
Content & Assets
Most projects rely on content supplied by you. Providing this information in good time helps us deliver your project efficiently and to the highest standard.
Unless otherwise stated in your proposal, you are responsible for supplying all text, photography, logos and other content required for the project.
Where possible, content should be supplied in digital format. If physical materials require scanning or significant manual input, additional charges may apply.
You confirm that you own, or have permission to use, any text, images, trademarks or other materials supplied to Peekaboo. You agree to indemnify Peekaboo against any claims arising from the unauthorised use of such materials.
Peekaboo may request evidence of ownership or permission where appropriate.
Approvals & Proofs
Proofs and preview versions will be provided where appropriate for your approval before production or publication.
It is your responsibility to check all content carefully, including spelling, grammar, imagery and factual accuracy.
Peekaboo cannot accept responsibility for errors that have been approved during the proofing process.
Additional amendments requested after approval, or changes that require further proofs, may incur additional charges.
Website Development & Compatibility
We build websites to modern web standards and test them across current versions of major browsers, operating systems and devices.
As technology continually evolves, we cannot guarantee ongoing compatibility with every browser, operating system or device, particularly legacy software that is no longer supported by its manufacturer.
Whilst every reasonable effort is made to ensure accuracy and reliability, Peekaboo cannot accept liability for inaccuracies, omissions, third-party content or external links included within a project.
Project Delays & Suspension
If a project is delayed or suspended at your request, or because required information, approvals or materials have not been supplied for a period exceeding 30 days, Peekaboo reserves the right to invoice for work completed to date, together with any costs already incurred, including materials ordered, third-party services or storage costs where applicable.
Project timescales may also need to be revised following any significant delay.
Client Materials
Peekaboo reserves the right to reject any materials supplied by you that are unsuitable for the intended purpose.
Where materials supplied by you result in additional production costs or affect the quality of the finished work, these costs may be charged separately.
Peekaboo cannot accept responsibility for defects or issues arising directly from materials supplied by the client.
Our Team & Trusted Partners
Peekaboo may use employees, trusted freelancers or specialist subcontractors to help deliver aspects of a project where appropriate.
We remain responsible for the overall management and delivery of the services we provide.Delivery & Payment
Unless otherwise agreed in writing, payment of all outstanding invoices is due upon delivery of the completed project or in accordance with the payment schedule outlined in your proposal or quotation.
Unless otherwise specified, quoted prices include delivery to the address stated within the proposal. Additional charges may apply for deliveries to alternative addresses, overseas destinations or expedited delivery requirements.
Intellectual Property
Unless otherwise agreed in writing, all copyright and intellectual property rights in artwork, graphics, illustrations, digital assets, photography, source files, code and other materials created by Peekaboo remain the property of Peekaboo.
Nothing within these Terms transfers ownership of any intellectual property unless expressly agreed in writing.
Subject to all invoices being paid in full, Peekaboo grants you a non-exclusive, royalty-free licence to use the final approved materials for their intended purpose.
You may not reproduce, modify, resell or adapt Peekaboo’s materials beyond their original intended use without our prior written consent.
Where either party supplies existing intellectual property for use within a project, ownership remains with that party. Each party grants the other a non-exclusive licence to use that intellectual property solely for the purpose of completing the project.
Marketing
Unless you request otherwise in writing, Peekaboo may showcase completed projects within our portfolio, website, marketing materials, social media channels and award submissions.
This may include the use of your company name, logo, website address, screenshots and other publicly available project information.
Print Quantities
Where printed materials are produced by third-party suppliers, slight variations in quantity may occur.
Unless otherwise agreed, quantity variations of up to 5% for single-colour print and up to 10% for multi-colour print shall be deemed acceptable and charged accordingly.
Claims
Claims relating to damage, delays or loss of goods in transit must be reported in writing to both Peekaboo and the delivery provider within three days of receipt.
Claims for non-delivery must be made within fourteen days of dispatch.
All other claims relating to completed work must be submitted within ten days of delivery.
Peekaboo cannot accept liability for claims submitted outside these timescales.
Liability
Peekaboo shall not be liable for indirect or consequential loss, loss of profit, loss of business, loss of revenue or third-party claims arising from delays caused by suppliers, hosting providers or other third parties beyond our reasonable control.
Nothing within these Terms limits or excludes liability where such limitation is prohibited by law, including liability arising from fraud or personal injury caused by negligence.
Payment Terms
Invoices
Unless otherwise agreed in writing, invoices are payable within 28 days of the invoice date.
Peekaboo reserves the right to suspend work, withhold deliverables or delay project completion where invoices remain unpaid.
Late Payment
Interest may be charged on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
Additional Charges
Any additional work requested outside the agreed project scope will be quoted separately and must be approved before work commences.
Reasonable expenses incurred whilst delivering your project may also be charged where previously agreed.
If we are required to restore a website from our backups due to circumstances beyond our control, an additional charge may apply.
Domain Names
You will remain the legal owner of any domain names purchased on your behalf.
Where Peekaboo manages a domain name, renewals will continue automatically unless at least one month’s written notice is provided.
Peekaboo reserves the right not to process domain registrations, renewals or transfers whilst invoices relating to this or any other project remain outstanding.
Website Hosting
If you choose Peekaboo to host your website, we will use reasonable skill and care to provide a reliable hosting service.
Your Responsibilities
You are responsible for providing suitable internet access, computer equipment and any other services required to access your website or hosting account.
Availability
Whilst we aim to provide continuous service, occasional interruptions may occur due to maintenance, security updates, software upgrades, hardware failures or circumstances beyond our reasonable control.
Where reasonably practicable, we will notify affected clients and work to restore services as quickly as possible.
Hosting Limitations
Hosting agreements are typically provided on an annual basis unless otherwise agreed.
A minimum of 30 days’ written notice is required to cancel a hosting service.
If your website is transferred to another hosting provider, Peekaboo cannot guarantee compatibility with that provider’s infrastructure and does not provide technical support for third-party hosting environments.
Whilst every reasonable effort is made to maintain reliable hosting services, Peekaboo cannot guarantee uninterrupted availability or that websites will always operate without error.
To the fullest extent permitted by law, Peekaboo shall not be liable for loss of profits, business interruption, corruption of data, loss of goodwill or any consequential losses arising from the use of, or inability to use, our hosting services.
Nothing within these Terms limits any statutory rights that cannot legally be excluded.Client Content
You remain responsible for all content supplied for inclusion within your project, including websites, printed materials and digital assets.
Peekaboo accepts no responsibility for the accuracy, legality or ownership of content supplied by you.
If we reasonably believe any content may be unlawful, defamatory, misleading, offensive or infringe the rights of a third party, we reserve the right to remove or refuse to publish that content and will notify you as soon as reasonably practicable.
You agree to indemnify Peekaboo against any claims, losses, damages or legal costs arising from content supplied by you.
Ending Our Agreement
Termination
Peekaboo reserves the right to terminate these Terms by written notice where:
- Invoices remain unpaid after reasonable notice has been given.
- You fail to meet your obligations under these Terms and do not remedy the breach within a reasonable period after written notice.
- Information or warranties provided by you are found to be materially inaccurate.
Either party may terminate these Terms immediately by written notice if the other party:
- Commits a material breach that cannot be remedied, or fails to remedy a breach after written notice.
- Enters administration, liquidation or any similar insolvency process.
- Ceases, or threatens to cease, trading.
Peekaboo reserves the right to suspend website hosting, maintenance or other ongoing services where invoices remain unpaid or where hosted content presents a security, legal or operational risk.
Disputes
If a dispute arises, both parties agree to make every reasonable effort to resolve the matter through discussion before taking legal action.
Where appropriate, both parties may agree to appoint an independent mediator to assist in resolving the dispute.
If a resolution cannot be reached through mediation, either party may pursue legal remedies through the courts of England and Wales.
General Terms
General Lien
Without prejudice to any other rights or remedies available, Peekaboo reserves the right to retain possession of materials, artwork, files or other property relating to unpaid invoices until all outstanding sums have been settled.
Force Majeure
Peekaboo shall not be liable for delays or failure to perform its obligations where such delays arise from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war, industrial disputes, failures of telecommunications, internet services, third-party hosting providers or other events outside our control.
Where this occurs, Peekaboo will notify you as soon as reasonably practicable and may revise project timescales accordingly.
Governing Law
These Terms of Business shall be governed by and interpreted in accordance with the laws of England and Wales.
Compliance
Both Peekaboo and the Client agree to comply with all applicable UK legislation relevant to the services being provided, including legislation relating to websites, ecommerce and data protection where applicable.
Warranties
Each party warrants that it has the authority to enter into these Terms and to fulfil its obligations.
Peekaboo warrants that services will be provided using reasonable skill, care and professional standards.
The Client warrants that:
- Any materials supplied for use within the project do not infringe the rights of any third party.
- Appropriate licences and permissions have been obtained where required.
- Any software, files or data supplied to Peekaboo are free from viruses or malicious software to the best of the Client’s knowledge.
- The Client remains responsible for communication with its own customers and users.
- Peekaboo will be informed in advance of any anticipated significant increases in website traffic that may require additional hosting resources.
Contact Us
If you have any questions about these Terms of Business or how they apply to your project, please get in touch with the Peekaboo team. We’re always happy to explain how we work before a project begins.