Services Agreement

1. Parties and agreement

This Services Agreement ("Agreement") is between Preeminent Capital, LLC, a Utah limited liability company doing business as Peak Leverage ("Peak Leverage") and the client identified in an accepted proposal ("Client"). The proposal, this Agreement, and any signed addenda are the complete agreement for the services.

The proposal controls scope, fees, and business terms; a signed data-processing or security addendum controls data handling; this Agreement controls the general engagement; and the Website Terms govern website use.

2. Acceptance and effective date

Client accepts by completing Peak Leverage’s checkout assent: the signer types their name and email, confirms authority to bind Client, and checks an unchecked box agreeing to the proposal and this Agreement. The engagement becomes effective when Peak Leverage receives the first payment. Electronic records and signatures have the same effect as paper originals.

3. Services and changes

Peak Leverage will perform the services described in the accepted proposal professionally and materially according to that scope. Work outside scope requires a written change order or clearly accepted additional quote before it begins. Courtesy work does not permanently expand scope, and silence does not approve an added fee.

4. Fees, taxes, and payment

Client will pay the fees and on the dates stated in the proposal. The client pays applicable sales, use, or similar transaction taxes shown on an invoice, excluding taxes on Peak Leverage’s net income. Peak Leverage does not impose an automatic late fee under this standard Agreement, but may pause work after reasonable notice and recover legally permitted collection costs on undisputed overdue amounts.

Payment disputes should be raised promptly and in good faith. Client remains responsible for undisputed amounts while the parties work to resolve a disputed item.

5. Deposit

The $1,000 build-slot deposit is credited in full against setup. Client may request a full refund by emailing mike@peakleverage.com before Client submits the onboarding form. Merely opening the form, receiving a link, or scheduling a call does not end the refund right. Onboarding begins when Client submits the onboarding form; after that submission, the deposit is nonrefundable unless the proposal or law requires otherwise.

Peak Leverage will initiate an approved refund promptly, but Client’s bank or card issuer controls when the credit appears.

6. Monthly service and cancellation

Monthly service renews automatically in monthly billing periods at the price in the proposal until canceled. Client authorizes recurring charges through the agreed payment method. Either party may give written cancellation notice at any time; ordinary cancellation takes effect at the end of the current paid monthly period. Fees already paid are not prorated or refundable.

Peak Leverage will give at least 30 days’ written notice before a monthly price increase. The increase takes effect no earlier than the next billing period after notice. Client may cancel before it takes effect.

7. Client responsibilities

Client will provide timely access, accurate information, materials, decisions, approvals, and a staff operator; secure its accounts and promptly revoke access when personnel change; and use the system lawfully. Client represents that it has the rights and authority needed for all materials, data, instructions, reviews, and claims it supplies or approves.

Client maintains its own conflict checks, intake decisions, legal services, professional judgment, and compliance program. Client must not submit privileged matter files or specially regulated data unless a written scope and appropriate safeguards expressly allow it.

8. Timeline

A stated 21-day build period is a target, not a guarantee. It begins only after onboarding is submitted and Peak Leverage has all required access, content, approvals, and materials. Client delays, scope changes, provider outages, and other dependencies extend the target reasonably.

9. Self-sufficiency guarantee

If Client names an operator, timely provides required access and materials, attends training, and follows the written competency checklist, but the originally named operator still cannot confidently run the covered system within 60 days, Peak Leverage will provide up to three additional dedicated coaching sessions at no charge.

The guarantee applies only to the originally named operator and ends if that person leaves or is replaced. During active monthly service, ordinary orientation for one replacement operator is included; extensive retraining or repeated replacements may require a separate scope. This is not an unlimited support promise and does not guarantee leads, cases, rankings, revenue, legal compliance, or uninterrupted third-party services.

10. Legal and professional boundaries

Peak Leverage is not a law firm and does not provide legal, ethics, cybersecurity, or regulatory advice. Templates and technical controls reduce risk but do not guarantee compliance. A licensed attorney designated by Client must approve legal content, advertising, disclaimers, testimonials, review practices, intake language, and jurisdiction-specific requirements before publication or use.

11. Providers, expenses, AI, and subcontractors

Client pays disclosed third-party costs, including ad spend, premium software, domains, licensed assets, and vendor subscriptions, unless the proposal expressly includes them. Ad-management fees do not include ad spend. Peak Leverage will obtain approval before adding an unlisted paid dependency.

Peak Leverage may use qualified subcontractors and remains responsible for their work. It will require confidentiality and appropriate data protections. Material client-facing subcontracting or access to unusually sensitive data will be disclosed in advance.

Peak Leverage may use vetted business versions of OpenAI, Anthropic, or comparable AI providers for drafts, workflows, code, and operational materials. It will not intentionally submit privileged matter facts or specially regulated data without separate written approval and safeguards. AI output may be inaccurate or non-unique and receives human review before publication or operational use.

12. Data and security

Client decides the purposes and means of processing personal data in Client’s systems. Peak Leverage processes Client Data only to provide the services and on documented instructions. Before a live workflow processes prospect, intake, review, call-tracking, client contact, or other personal data, the parties will complete the Data Processing Addendum and its client-specific schedule.

Peak Leverage will use reasonable administrative, technical, and organizational safeguards appropriate to the information handled. No system is perfectly secure. If Peak Leverage confirms a security incident affecting Client Data, it will notify Client without unreasonable delay and cooperate with legally required response steps.

13. Confidentiality

Each party will protect the other’s nonpublic technical, business, financial, legal, and management information using reasonable care and use it only for this engagement. These duties last three years after the engagement ends and for as long as applicable law protects a trade secret.

Confidential information excludes information that becomes public without breach, was already lawfully known without restriction, is independently developed without use of the information, or is lawfully received from another source. A party may disclose information when law requires it, after giving advance notice when legally permitted and reasonably practicable.

14. Ownership and licenses

Client owns its domain, data, brand assets, final client-specific content, business decisions, and custom configurations within Client-controlled systems. Peak Leverage retains its reusable software, source code, templates, components, automations, deployment patterns, methods, know-how, and other background intellectual property.

After full payment, Client receives a perpetual, nonexclusive license to Peak Leverage materials embedded in a paid deliverable, limited to operating that delivered system for Client’s own business. The license may transfer with Client’s business. It does not include reusable source code or permit resale, sublicensing, or creation of a competing product. Updates, support, shared hosted services, and new versions stop when paid service ends unless separately agreed.

Peak Leverage may use Client materials as needed to market Client and provide the services. Using Client’s name, logo, testimonial, screenshots, work, or results to market Peak Leverage requires separate written approval. Peak Leverage may use anonymized, aggregated operational insights that identify neither Client nor confidential information.

15. Accounts and portability

Client-owned accounts are the default where practical, with delegated access for Peak Leverage. If Peak Leverage must hold an account for technical, billing, or platform reasons, the proposal or system inventory will identify it and describe available transfer or export options. Vendor restrictions, shared infrastructure, and Peak Leverage background systems are not transferable.

When service ends, Client has 30 days to request one reasonable standard export or ordinary handoff of available Client-owned data and assets. Restoration, custom exports, source-code transfer, vendor replacement, migration, or extended transition support requires a separate scope and fee. Availability after 30 days is not guaranteed, although legal, accounting, security, and backup copies may remain under applicable retention rules.

16. Suspension and termination

Peak Leverage may suspend work after reasonable notice for overdue undisputed invoices, material noncooperation, breach, or misuse. It may suspend immediately for urgent security, legal, professional, or platform risk. Suspension does not erase amounts already owed.

Either party may terminate for an uncured material breach after 10 days’ written notice, or immediately when cure is not reasonably possible because of unlawful conduct or serious security or professional risk. Ordinary no-cause cancellation follows Section 6. If Client cancels after onboarding but before setup is complete, completed milestones and committed work remain payable under the proposal. Peak Leverage will provide completed Client-owned materials after undisputed amounts are paid.

17. Workmanship and disclaimers

Peak Leverage warrants that it will perform services professionally and materially according to the proposal. If Client reports a material nonconformity within 30 days after the relevant deliverable, Peak Leverage’s first remedy is to correct or reperform it. This remedy does not cover third-party platforms, changing search results, Client edits, misuse, or unsupported modifications.

Except for that express commitment and the self-sufficiency guarantee, services and deliverables are provided “as is” to the fullest extent permitted by law. Peak Leverage disclaims implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, and warranties arising from course of dealing or usage. Fees are nonrefundable except for the pre-onboarding deposit right, an express proposal term, or a refund required by law.

18. Liability limits

To the fullest extent permitted by law, neither party is liable for indirect, special, incidental, consequential, exemplary, or lost-profit damages. Each party’s total liability arising from the affected proposal will not exceed the fees paid or payable under that proposal during the six months before the event giving rise to the claim.

The limits do not apply to liability that cannot legally be limited, fraud, willful misconduct, or Client’s payment obligations. Multiple claims do not increase the cap.

19. Third-party claims

Each party will defend and cover a third-party claim caused by its gross negligence, willful misconduct, or material breach. Client also covers claims arising from Client-supplied content, legal services, advertising approvals, unlawful instructions, or misuse. Peak Leverage covers claims that its original deliverables, as provided and used as authorized, infringe another party’s intellectual property.

The protected party must give prompt notice and reasonable cooperation. The covering party controls the defense and settlement, but may not admit fault for or impose a nonmonetary obligation on the protected party without written consent. These duties do not apply to the extent the protected party caused the claim.

20. Disputes

Utah law governs without regard to conflict-of-law rules. Before filing a claim, the parties will give written notice and try in good faith for 30 days to resolve it, unless emergency injunctive relief is reasonably needed. Any court proceeding must be brought in a state or federal court serving Washington County, Utah. Each side bears its own legal fees unless a law or court order provides otherwise.

21. General terms

Peak Leverage is an independent contractor. Neither party may bind the other, and no partnership, joint venture, fiduciary, franchise, employment, or agency relationship is created. Each party is responsible for its personnel and taxes.

Neither party may assign this Agreement without the other’s written consent, except in connection with a merger, reorganization, sale of substantially all relevant assets, or change of control. Any permitted successor must assume this Agreement in writing. Peak Leverage may also assign it to an affiliate or financing source. Assignment does not relieve obligations that arose before transfer; any other attempted assignment is void.

Neither party is liable for delay caused by events outside its reasonable control, including provider outages, disasters, government action, labor disruption, or internet failure, except that Client’s payment obligations remain due. The affected party will give reasonable notice and resume performance promptly.

If a provision is unenforceable, it will be narrowed only as needed and the rest remains effective. Waivers must be written. Provisions that should survive by nature—including payment, confidentiality, ownership, licenses, disclaimers, liability limits, indemnity, dispute, and exit terms—survive termination.

22. Notices and changes

Routine notices may be sent to the email addresses in the proposal. Formal termination, breach, indemnity, or dispute notices should use a clear subject line identifying the notice. Email is effective when sent unless the sender receives a delivery failure. Legal notices to Peak Leverage may also be sent to mike@peakleverage.com or the mailing address below.

Peak Leverage may update the public standard Agreement with a new version and effective date. A change does not alter an accepted engagement without Client’s agreement. Material changes proposed for an existing Client will be sent by email before taking effect.

23. Contact

Preeminent Capital, LLC d/b/a Peak Leverage, 1150 E Riverside Dr. #910664, St. George, UT 84791, USA. Email: mike@peakleverage.com.