peakprofitaccounting.com
Effective Date: September 3, 2026
These Terms and Conditions ("Agreement") constitute a legally binding contract between Peak Profit, operated by Gains & Leaks LLC ("Company," "we," "our," or "us"), and you, the client ("Client," "you," or "your"). By engaging Peak Profit for any service, signing a proposal or service agreement, purchasing any product, or making any payment to us, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety.
Peak Profit is an accounting firm offering the following services and products (collectively, "Services"):
The specific scope for each engagement will be detailed in a Proposal, Statement of Work, or Service Agreement ("Scope Document"). In the event of a conflict, the Scope Document shall control for that specific engagement.
Invoices are issued electronically and are due within 7 calendar days of the invoice date. All fees are in U.S. Dollars (USD).
If an invoice is not paid by the due date, Peak Profit reserves the right to immediately suspend all Services until the outstanding balance is paid in full. Suspension does not relieve the Client of payment obligations.
Software subscriptions, payroll-processing fees, filing fees, and other third-party costs are not included in Service fees unless expressly stated. These are the Client's sole responsibility.
Due to the nature of downloadable digital products, all sales of digital products are final and non-refundable once access or delivery has been provided, except where required by applicable law.
Peak Profit may adjust fees with 30 days' written notice. Continued use of Services after the notice period constitutes acceptance.
This Agreement begins upon the Client's first engagement (signature, payment, purchase, or otherwise) and continues month-to-month unless a fixed term is specified in the Scope Document.
Either party may terminate recurring Services with 30 days' written notice via email. Fees accrued during the notice period remain payable. Retainer fees already paid for the current cycle are non-refundable.
If the Client cancels a project after work has commenced, the Client shall pay for all work completed through the cancellation date. Any initial deposit is non-refundable.
Peak Profit may terminate immediately if the Client: (a) fails to pay within 10 days of written notice; (b) materially breaches this Agreement and fails to cure within 15 days of notice; or (c) engages in unlawful or harmful conduct.
Upon termination, Peak Profit will, upon request and subject to payment of outstanding balances, return or make available the Client's financial records and files. Payment obligations, intellectual property, limitation of liability, disclaimers, confidentiality, and governing law provisions survive termination.
Subject to receipt of full payment, the Client owns its own books, records, financial data, chart of accounts, account mappings, and the reports Peak Profit prepares for it, and retains unrestricted access to them. In addition, and subject to receipt of full payment, Peak Profit grants the Client a perpetual, irrevocable, royalty-free license to use the Client-specific implementation of any system architecture, dashboard, model, checklist, matrix, or documented process Peak Profit builds for the Client under a Scope Document, for the Client's own business purposes, including providing it to the Client's accountant or to a successor service provider. Peak Profit retains ownership of the underlying tools, templates, frameworks, and methodologies as set out in section 4.2. These rights take effect only upon receipt of full payment.
Peak Profit retains ownership of all tools, templates, frameworks, methodologies, pre-existing works, digital products, and general know-how. Digital products (including the Profit Finder Kit) are licensed, not sold; the Client receives a non-exclusive, non-transferable license for the Client's own internal business use and may not resell, redistribute, or share them.
The Client grants Peak Profit a non-exclusive license to use materials and information provided (records, financial data, access credentials, logos) solely to perform the Services. The Client warrants it holds all necessary rights to such materials and that the information provided is accurate and complete.
Peak Profit provides bookkeeping, payroll, and general advisory Services based on information supplied by the Client. Peak Profit is not a CPA firm, law firm, or registered investment adviser, and the Services do not include preparation or filing of tax returns, audit or attest services, legal advice, or investment or securities advice. Nothing in the Services should be relied upon as a substitute for advice from a licensed CPA, attorney, or financial professional.
The accuracy of any bookkeeping output, payroll calculation, or report depends on the accuracy, completeness, and timeliness of the information the Client provides. Peak Profit makes no representations, warranties, or guarantees, express or implied, regarding specific financial outcomes, profitability, tax results, or savings. The Client remains solely responsible for its own tax filings, regulatory compliance, and business decisions.
The Client agrees to: provide accurate, complete, and timely information, records, approvals, and materials; maintain and grant necessary software and account access credentials; review and approve deliverables within agreed timeframes; ensure all information complies with applicable laws; retain responsibility for filing tax returns and meeting regulatory deadlines; and promptly notify Peak Profit of material business changes.
Each party agrees to hold the other's Confidential Information, including the Client's financial and business records, in strict confidence, not disclose it to third parties without written consent, and use it solely for purposes of the Services. This obligation does not apply to information that becomes publicly known through no breach of this Agreement, was independently developed, or must be disclosed by law. This obligation survives termination for 3 years, except that obligations relating to the Client's financial account information and personally identifiable information survive indefinitely.
Peak Profit maintains reasonable administrative, technical, and physical safeguards designed to protect Client information in its possession. These include limiting access to personnel performing the Services, exchanging documents and access credentials through Peak Profit's secure client portal rather than by email, using multi-factor authentication on systems that support it, and reviewing access when an engagement ends. Peak Profit does not retain full bank or payment account numbers outside its secure client portal. Peak Profit is responsible for the acts and omissions of its employees and subcontractors who have access to Client information. No method of electronic transmission or storage is completely secure, and Peak Profit does not guarantee absolute security.
If Peak Profit confirms that Client information in its possession has been subject to unauthorized access, acquisition, or disclosure, Peak Profit will notify the Client within five (5) business days of that confirmation, describing what is known about the incident, the categories of information involved, and the steps being taken in response.
During the term and for 12 months following termination, the Client agrees not to directly solicit, recruit, hire, or engage any employee or contractor of Peak Profit who was involved in providing Services, without Peak Profit's prior written consent.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAK PROFIT'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT IN THE THREE (3) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL PEAK PROFIT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE.
Where a Scope Document or engagement letter states a different limitation of liability, or states exceptions to it, that document governs for that engagement and this section 9 does not apply to it.
The Client agrees to indemnify, defend, and hold harmless Peak Profit and Gains & Leaks LLC and their officers, directors, employees, and contractors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: the Client's breach of this Agreement; the accuracy or completeness of information the Client provides; the Client's tax, legal, or regulatory obligations; the Client's violation of any applicable law; or third-party claims arising from Client-provided materials.
Peak Profit warrants that Services will be performed in a professional and workmanlike manner. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
Peak Profit is an independent contractor. Nothing herein creates a partnership, joint venture, employment, or agency relationship.
Neither party shall be liable for failure or delay caused by events beyond its reasonable control, including acts of God, pandemics, war, government actions, or software or platform outages.
This Agreement is governed by the laws of the State of Texas, without regard to conflict of law provisions.
Any legal proceedings shall be brought exclusively in the state or federal courts located in Texas. Each party irrevocably consents to personal jurisdiction and venue in such courts.
The parties agree to attempt informal resolution with 30 days' written notice and good-faith negotiation before pursuing formal remedies.
This Agreement, together with any applicable Scope Document, constitutes the entire agreement between the parties and supersedes all prior agreements. Where a Scope Document or engagement letter conflicts with this Agreement, the Scope Document or engagement letter governs for that engagement.
If any provision is found unenforceable or invalid, it shall be modified to the minimum extent necessary, and the remaining provisions continue in full force and effect.
No failure to exercise any right constitutes a waiver. Waivers must be in writing to be effective.
The Client may not assign this Agreement without Peak Profit's prior written consent. Peak Profit may assign in connection with a merger, acquisition, or asset sale.
All notices shall be delivered via email. Notices to Peak Profit: info@peakprofitaccounting.com.
Peak Profit offers a text messaging program for clients and prospective clients who have affirmatively opted in. Messages may include appointment and session reminders, event reminders, document requests, status updates on bookkeeping, payroll, and advisory work, reminders to complete a form you started, and replies to questions you send us.
You may opt in by providing your mobile number and checking the text messaging consent box on a Peak Profit web form, or by agreeing to a text messaging consent clause in a signed service agreement. Consent boxes are never pre-checked, and consent to receive text messages is never a condition of purchasing any product or service.
Message frequency varies and depends on your activity and engagement with us. Message and data rates may apply. Peak Profit does not charge for text messages, but your mobile carrier may.
You may cancel at any time by replying STOP to any message from us. After you send STOP, we will send one confirmation message and you will receive no further messages unless you opt in again.
Reply HELP to any message for assistance, or contact us at info@peakprofitaccounting.com.
Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your mobile carrier and is not guaranteed.
Mobile numbers and text messaging consent data are never sold, rented, or shared with third parties or affiliates for marketing purposes. See our Privacy Policy at peakprofitaccounting.com/privacy-policy for details.
Peak Profit (Gains & Leaks LLC), peakprofitaccounting.com, info@peakprofitaccounting.com
Peak Profit (Gains & Leaks LLC) | peakprofitaccounting.com | info@peakprofitaccounting.com
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