Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Performance West Ltd ("Performance West," "we," "us," or "our"), a company registered in England and Wales (company no. 17344081). By accessing our website, engaging our services, or submitting a service order, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our website or services.

Description of Services

Performance West provides compliance consulting services for UK and European businesses. Our services include but are not limited to:

• • Operator's Licence (O-Licence) application preparation and continuation renewals
• • UK ICO data protection fee registration determinations
• • Compliance audits and gap analysis
• • Regulatory filing preparation and support

No Guarantee of Outcomes

While we strive to provide accurate and thorough compliance consulting services, we do not guarantee any specific outcome, result, or regulatory determination. Regulatory requirements are subject to change, and the interpretation and enforcement of regulations may vary by jurisdiction and agency. Our deliverables represent our professional analysis based on the information provided to us and the regulatory landscape at the time of delivery. We are not responsible for regulatory changes that occur after delivery or for decisions made by regulatory agencies (including the Traffic Commissioner, DVSA, or the ICO).

Payment Terms

Our services are offered at fixed prices as published on our website or as quoted in a custom proposal. Payment terms are as follows:

• • Payment is due in full upon placement of a service order unless otherwise agreed in writing.
• • All fees are non-refundable once work has commenced, except at Performance West's sole discretion.
• • Government filing fees, registration fees (including ICO fees), and third-party costs are billed separately and are non-refundable.
• • Nothing in these Terms affects your statutory rights as a consumer under the Consumer Rights Act 2015, where applicable.

Intellectual Property

Upon full payment, you receive a non-exclusive, non-transferable licence to use deliverables (reports, filings, etc.) produced for you in connection with your compliance needs. Performance West retains all intellectual property rights in its methodologies, templates, processes, and tools used to create deliverables. You may not resell, redistribute, or sublicense our deliverables to third parties. Our website content, branding, and proprietary tools remain the exclusive property of Performance West Ltd.

Limitation of Liability

To the maximum extent permitted by law, Performance West Ltd, its directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with our services or these Terms. Our total aggregate liability for any claim arising from our services shall not exceed the amount paid by you for the specific service giving rise to the claim. Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by law.

Indemnification

You agree to indemnify, defend, and hold harmless Performance West Ltd and its directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any inaccurate or incomplete information you provide to us.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of England and Wales, and you consent to the personal jurisdiction of such courts.

Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms or our services, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through the courts of England and Wales, or (where both parties agree) binding arbitration.

Modifications to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page. Your continued use of our website or services after any modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.