Terms & Conditions

1. Definitions

In these Terms and Conditions, the following definitions apply: "Service" refers to the consulting services and website provided by Whitepeak. "User" or "You" refers to any individual or organization accessing our website or engaging our services. "We," "Us," or "Our" refers to Whitepeak, a business consulting firm operating in Taiwan. "Content" refers to all text, images, data, and other materials available on our website. "Agreement" refers to these Terms and Conditions together with any engagement-specific terms agreed upon separately.

2. Acceptance of Terms

By accessing or using our website at https://whitepen.club or engaging our consulting services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not use our website or services.

You represent that you are at least 18 years of age and have the legal capacity to enter into binding agreements. If you are using our services on behalf of an organization, you represent that you are authorized to bind that organization to these terms.

3. Service Description

Whitepeak provides strategic business consulting services, including Competitive Response Planning, Internal Audit Readiness, and Technology Strategy Alignment engagements. Our services are available to businesses operating in Taiwan and the broader Asia-Pacific region.

The specific scope, deliverables, timeline, and fees for each consulting engagement are defined in a separate engagement agreement or statement of work. These Terms and Conditions apply to all engagements unless expressly superseded by the terms of a specific engagement agreement.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with reasonable notice to active clients.

4. User Responsibilities

When using our website and services, you agree to provide accurate and complete information in any forms or communications, use our website and services only for lawful purposes, not attempt to gain unauthorized access to any part of our website or systems, not reproduce, distribute, or create derivative works based on our content without written permission, and comply with all applicable laws and regulations.

You are responsible for maintaining the confidentiality of any account credentials or access information provided to you in connection with our services.

5. Intellectual Property

All content on our website, including text, graphics, logos, design elements, and the arrangement thereof, is the property of Whitepeak and is protected by applicable copyright and intellectual property laws. You may view and download website content for personal, non-commercial use only.

Consulting deliverables (reports, frameworks, templates, and other materials) produced during an engagement become the property of the client upon full payment, unless otherwise specified in the engagement agreement. Whitepeak retains the right to use anonymized methodologies, frameworks, and general knowledge derived from engagements in future work.

You may not use our name, logo, or trademarks without our prior written consent.

6. Payment Terms

Consulting fees are structured as fixed-price engagements unless otherwise agreed. All fees are denominated in New Taiwan Dollars (NT$) unless an alternative currency is specified in the engagement agreement. Payment schedules, including any deposits or milestone payments, are detailed in the engagement agreement.

Invoices are due within 30 days of issue unless otherwise stated. Late payments may be subject to interest at a rate of 1.5% per month on the outstanding balance. We reserve the right to suspend services if payment obligations are not met within the agreed timeline.

Refund policies are determined on a per-engagement basis and outlined in the relevant engagement agreement. In general, fees for completed work phases are non-refundable. If an engagement is terminated prior to completion, fees are prorated based on the work completed to date.

7. Service-Specific Terms

Consulting engagements: Each engagement is governed by a statement of work or engagement letter that defines the scope, deliverables, timeline, and fees. Changes to scope require mutual written agreement. Whitepeak will use commercially reasonable efforts to meet agreed timelines, but delays caused by client availability or responsiveness may extend the project timeline without additional cost implications from our side.

Confidentiality: All information shared during consulting engagements is treated as confidential. We will not disclose client information to third parties without consent, except as required by law. Non-disclosure agreements are available upon request and are standard for all engagements.

Deliverables: Reports, frameworks, and other materials are delivered in digital format unless otherwise agreed. Whitepeak retains the right to use general methodological knowledge and anonymized insights from engagements for internal improvement and future client work.

8. Disclaimers

Our consulting services are provided on an "as is" basis. While we apply professional diligence and expertise to every engagement, we do not warrant specific business outcomes, financial results, or the success of implemented recommendations. Consulting advice represents our professional assessment based on available information and should be considered alongside your own judgment and the counsel of other advisors.

Website content is provided for general informational purposes only and does not constitute professional advice. The information presented may not be current or applicable to your specific situation.

We do not provide legal, accounting, or tax advice. Clients should consult qualified professionals in those fields for matters requiring such specialized expertise.

9. Limitation of Liability

To the maximum extent permitted by the laws of Taiwan, Whitepeak's total liability arising from or related to these terms or our services shall not exceed the fees paid by you for the specific engagement giving rise to the claim.

In no event shall we be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunity, regardless of the cause of action or theory of liability.

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages. Nothing in these terms limits liability for matters that cannot be limited under applicable law, including fraud or willful misconduct.

10. Indemnification

You agree to indemnify, defend, and hold harmless Whitepeak, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of our website, your violation of these terms, or your violation of any rights of a third party.

11. Termination

Either party may terminate a consulting engagement with 14 days' written notice. Upon termination, the client is responsible for payment of all work completed to date, calculated on a prorated basis where applicable.

We reserve the right to terminate or suspend access to our website at any time, without notice, for conduct that we believe violates these terms or is harmful to other users, us, or third parties.

Sections relating to intellectual property, limitation of liability, indemnification, and dispute resolution survive the termination of these terms.

12. Force Majeure

Neither party shall be liable for any failure or delay in the performance of obligations under these terms where such failure or delay results from circumstances beyond the reasonable control of the affected party, including but not limited to natural disasters, epidemics, government actions, civil disturbances, disruptions to telecommunications or power supply, and similar events. The affected party will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

13. Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of China (Taiwan). Any disputes arising from or related to these terms or our services shall first be addressed through good-faith negotiation between the parties.

If a dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to mediation administered by the Chinese Arbitration Association in Taipei. If mediation is unsuccessful within 60 days of its commencement, either party may submit the dispute to binding arbitration under the rules of the Chinese Arbitration Association, Taipei.

The language of arbitration shall be English, and the place of arbitration shall be Taipei, Taiwan. The decision of the arbitrator(s) shall be final and binding upon both parties.

14. General Provisions

Entire agreement: These Terms and Conditions, together with any applicable engagement agreements, constitute the entire agreement between you and Whitepeak regarding the subject matter herein.

Severability: If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

Waiver: The failure of either party to enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer your rights under these terms without our written consent. We may assign our rights and obligations without restriction.

Notices: Legal notices to Whitepeak should be sent to our registered address or via email to [email protected].

15. Changes to Terms

We reserve the right to update or modify these Terms and Conditions at any time. When material changes are made, we will update the "Last Updated" date at the top of this page. For active consulting clients, material changes will be communicated directly.

Your continued use of our website or services after changes are posted constitutes your acceptance of the revised terms. We encourage you to review these terms periodically.

16. Contact Information

Whitepeak

12F, No. 85, Sec. 1, Xintai 5th Road, Xizhi District, New Taipei City 221, Taiwan

Legal Inquiries: [email protected]

Phone: +886 2 2698 5130