Pinnacle Oak
Investments

Comprehensive digital growth solutions designed to empower businesses and private equity investments. Our services drive innovation, optimize performance, and maximize value through cutting-edge technology, strategic marketing, and data-driven insights tailored to your unique goals.

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Terms of Use

1. Introduction

1.1 These Conditions are in effect at all times while you are using the Website. By using the Website, you agree to these Conditions. Please read them carefully.

1.2 We reserve the right to amend these Conditions at any time.
2. Our Website

2.1 While we take all reasonable care in the construction, operation, and content of the Website, we make no guarantee or warranty that:

2.1.1 the use of the Website will be uninterrupted or virus and error free;

2.1.2 any information contained in the Website is complete, accurate, or up to date.

2.2 Where the Website contains information, opinions, or advice of or given by third parties, we do not endorse such information, opinions, or advice or give any guarantee or warranty as to the accuracy or reliability of such information, opinions, or advice.

2.3 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your computer system. We are not responsible for any interference or damage to your computer system which arises in connection with your use of the Website or any other website linked to the Website.

2.4 We may ask other people to analyse traffic on the Website, and they may use cookies to do so. Cookies are small text files that are transferred to a user’s hard drive by a website for the purpose of collecting information about a user’s identity, browser type, or website visiting patterns.

2.5 Access to the Website may be terminated at any time by us without notice.
3. Links to Other Websites

Any links to third-party websites located on the Website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third-party websites or their content. We do not endorse the third-party websites or make representations about them or any material contained in them. If you choose to access a third-party website linked to the Website, you do so at your own risk.
4. Your Conduct

4.1 You must not post or send to or from the Website any information or other material:

4.1.1 that is inaccurate or misleading or deceptive in any material respect;

4.1.2 that contains images of another person without that person’s permission (or in the case of a minor, the minor’s parent or legal guardian);

4.1.3 for which a third party holds the Intellectual Property Rights where you have not obtained all necessary consents to copy, disclose, distribute, incorporate, or otherwise use the material for any purpose;

4.1.4 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Singapore;

4.1.5 that is harmful in nature including computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data; or

4.1.6 that may be used in connection with spamming, spimming, phishing, trolling, or similar activities.

4.2 You must not use the Website for:

4.2.1 the advertising, promotion, or sale of goods or services or any other commercial activity;

4.2.2 any conduct that would be a criminal offence, give rise to a civil liability, or otherwise be contrary to the law in Singapore, nor may you solicit any Other User for such purposes.

4.3 You must not through the Website or in any other manner, harass, annoy, intimidate, or threaten us or our employees or agents or any Other Users.

4.4 We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person contravening this clause.
5. Our Liability

5.1 Except to the extent permitted by the Singapore Consumer Protection (Fair Trading) Act, this clause does not limit our liability in respect of any Consumer Guarantees.

5.2 Except where otherwise required by law (including the Singapore Consumer Protection (Fair Trading) Act):

5.2.1 all guarantees, conditions, warranties, or other terms which may be implied by law or otherwise in connection with these Conditions or your use of the Website and the licence in clause 7.3 are excluded;

5.2.2 we are not liable in tort for any loss or damage suffered by you or by any other person;

5.2.3 we do not accept responsibility for any Liabilities which you may incur in connection with these Conditions, your use of the Website or any linked website, or the licence in clause 7.3, and you release us from any Claim relating to such Liabilities;

5.2.4 in no circumstances will we be responsible for any loss of profits or interruption to business or other indirect economic or other consequential loss suffered by you or any third party in connection with these Conditions, your use of the Website, or the licence in clause 7.3;

5.2.5 you indemnify us against all Liabilities which we may incur and release us from any Claim in connection with these Conditions, your use of the Website, and the licence in clause 7.3.
6. Privacy

6.1 We are committed to protecting your privacy. We collect Personal Information to provide and market our services. We may disclose that information to our employees and to other persons where required in connection with the provision of our services. We may also disclose that information to our contractors, suppliers, auditors, and professional advisers who assist us in our business.

6.2 We may provide Personal Information to overseas recipients to the extent required to provide specific services to specific customers.

6.3 If you do not provide us with any Personal Information we may request from you, we may not be able to provide you with our services or otherwise assist you.

6.4 Our Privacy Policy contains information about how you may access or correct information we hold about you, how you can complain about a breach of privacy, and how we will deal with such complaints.
7. Intellectual Property

7.1 Except as expressly provided in this clause, you acquire no Intellectual Property Rights in using the Website.

7.2 Copyright and other Intellectual Property Rights in all material on the Website and underlying software codes and programs are held by us or licensed by us.

7.3 We grant you a non-exclusive, non-transferable, royalty-free licence to print and download material from the Website for your personal and non-commercial use, provided that you do not modify such material without our consent.

7.4 The licence in clause 7.3 terminates automatically and without the requirement for notice in the event you breach any of your obligations under these Conditions.

7.5 Subject to the limited licence in clause 7.3, other than for the purposes of, and subject to the conditions prescribed under the Singapore Copyright Act and equivalent legislation which applies in your location, you may not, in any form or by any means:

7.5.1 download, print, display, perform, reverse engineer, modify, reproduce, transmit, disseminate, or publish such material;

7.5.2 create derivative works from any part of such material; or

7.5.3 commercialise any information, products, or services obtained from any part of the material, without our consent or, in the case of third-party material, the consent of the owner of the copyright in that material.

7.6 With the exception of Personal Information, the use of which is covered under our Privacy Policy, any material you send or post to the Website or you otherwise provide to us will be considered non-proprietary and not confidential.

7.7 By posting or sending material to or from the Website or otherwise providing material to us, you:

7.7.1 warrant to us that such material does not infringe any Intellectual Property Rights of any person; and

7.7.2 grant us an irrevocable, perpetual, non-exclusive, royalty-free licence to download, print, display, perform, reverse engineer, modify, adapt, copy, reproduce, transmit, disseminate, and publish such material and to create derivative works from any part of such material for any purpose and to grant sublicences of the same.

7.8 You must notify us as soon as practicably possible, in the event you believe that any material on the Website constitutes an infringement of any Intellectual Property Rights and provide us with details and supporting evidence as we may reasonably request.
8. Reservation of Rights

8.1 We reserve the right to remove or modify any material on the Website at any time.

8.2 We reserve the right to carry out our own investigations by various means for the purposes of verifying any information which you send or post to or from the Website, and you consent to us carrying out such investigations. However, we make no warranties or representations about the conduct of such enquiries and will not be responsible to you for any information incorrectly verified.
9. Your Breach

9.1 You indemnify us against all Liabilities which we may incur in respect of your breach of these Conditions.

9.2 Any breach or threatened breach of these Conditions entitles us to apply for and obtain injunctive relief in any court of competent jurisdiction in addition to all other available remedies.
10. Contact Us

Please do not hesitate to send us any queries, comments, or requests for information you may have regarding these Conditions. Please click Contact Us.
11. General

11.1 Unless otherwise provided, we may in our discretion give (conditionally or unconditionally) or withhold any approval or consent under these Conditions.

11.2 You must not assign or otherwise deal with these Conditions or any right or obligation under these Conditions without our written consent.

11.3 These Conditions cover the entire agreement and understanding between you and us with respect to your use of the Website and supersede any prior agreement or understanding.

11.4 If there is any conflict between anything in these Conditions and anything else in the Website, these Conditions prevail.

11.5 A waiver of a provision of or right under these Conditions by us must be in writing signed by us and is effective only to the extent set out in the written waiver.

11.6 The failure, delay, relaxation, or indulgence in exercising a power or right under these Conditions is not a waiver of that power or right.

11.7 An exercise of a power or right under these Conditions does not preclude a further exercise of it or the exercise of another right or power.

11.8 Any indemnity or release in these Conditions survives termination of access to or closure of the Website. Any other provision in these Conditions intended to do so, survives the suspension or termination of access to or closure of the Website.

11.9 The validity and interpretation of these Conditions are governed by the laws of Singapore. Any dispute in connection with these Conditions is subject to the exclusive jurisdiction of the courts of Singapore.
12. Definitions

In these Conditions, unless the context otherwise requires:

12.1 Singapore Consumer Protection (Fair Trading) Act means the Consumer Protection (Fair Trading) Act 2003 of Singapore.

12.2 Claim means any claim, demand, action, or cause of action, whether in contract, tort, equity, or under statute, and any loss, cost, expense, or Liability arising from or in connection with such claim, demand, action, or cause of action.

12.3 Conditions means these Terms and Conditions as amended from time to time.

12.4 Consumer Guarantees means the consumer protections under the Singapore Consumer Protection (Fair Trading) Act.

12.5 Intellectual Property and Intellectual Property Rights includes property and rights in connection with copyright (including future copyright and rights in the nature of or analogous to copyright), know-how, trademark, service mark, design, inventions (including patents), semiconductor or circuit layout rights, trade, business, or company names, or other proprietary rights, or any rights to registration of such rights (including all renewals and extensions).

12.6 Liabilities means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis), and expenses, whether present or future, actual or contingent.

12.7 Other User means a third party using the Website.

12.8 Personal Information has the meaning set out in the Personal Data Protection Act 2012 of Singapore.

12.9 Privacy Act means the Personal Data Protection Act 2012 of Singapore.

12.10 Related Company means a related entity as defined under the Companies Act 1967 of Singapore.

12.11 Website means the website at www.pinnacleoakinvestments.com and includes all information tools and other material posted or accessible from that website.

12.12 We, our, and us refers to Pinnacle Oak Investments Pte. Ltd.

12.13 You, your, and yourself refers to any person viewing or using the Website, including any links from the Website, either wholly or in part, and includes a person who places an order for a service through the Website or who makes a payment in connection with the use of the Website.
13. Interpretation

In these Conditions, unless the context otherwise requires:

13.1 headings do not affect interpretation;

13.2 singular includes plural and plural includes singular;

13.3 words of one gender include any gender;

13.4 a reference to a party includes its employees, officers, contractors, executors, administrators, successors, and permitted agents and assigns;

13.5 a reference to a person includes a partnership, corporation, association, government body, and any other entity;

13.6 a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;

13.7 a provision is not to be construed against us only because we prepared it;

13.8 an unenforceable provision or part of a provision may be severed, and the remainder of these Conditions continues in force, unless this would materially change the intended effect of these Conditions;

13.9 the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’, or similar expressions.

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Privacy Policy

Summary

We take privacy seriously. This policy sets out how Pinnacle Oak Investments Pte. Ltd. (including its successors, assigns and related bodies corporate) (in this Privacy Policy, we or us) collects, holds and discloses personal information.
Why do we collect personal information?

We collect personal information to:

- provide and services to our clients

- communicate with our clients, suppliers and other business contacts

- inform our clients and other business contacts about product and industry developments

- manage and account for our services

- manage credit provided to our clients

- promote and market our services and send invitations to our events

- arrange for the payment of third party services on behalf of our clients

- generally carry on our business
What personal information do we collect?

We collect an individual’s name and contact details, and information about the individual’s occupation, employer and relationship with us or our clients and potential clients, and about the individual’s relationship with our other business contacts.

We also collect the information necessary to provide the specific services our clients require, as well as credit card and payment information from time to time.
How we collect personal information

We collect personal information directly from an individual when that individual meets with us, communicates with us by letter, telephone, email or fax, gives us a business card, subscribes to our publications, registers for or attends our events or submits information through our websites, blogs or other social media outlets.

We may also collect information about an individual from our clients, potential clients and their business contacts, from the individual’s employer or other business contacts, and from publicly available records or a third party e.g. a provider of an employment or other reference.
Cookies

We may ask other people to analyse traffic on our websites, blogs and other social media outlets and they may use cookies to do so. Cookies are small text files that are transferred to a user’s hard drive by a website for the purpose of collecting information about a user’s identity, browser type or website visiting patterns.
Credit Reporting

By placing an order with us, or otherwise acquiring our services, where credit terms may be provided the client and/or any guarantor agree that we can obtain from a credit-reporting agency a credit report which may contain personal credit information about the client and/or guarantor in relation to credit we may provide.

Personal information may also be used by us to notify other credit providers of a default by a client, to exchange information with other credit providers as to the status of this credit account (where the client is in default with other credit providers) and to assess the credit worthiness of the client or any guarantor.

The client consents to us being given a consumer credit report to collect overdue payment on commercial credit.
Anonymity and pseudonyms

Individuals have the right not to identify themselves, or to use a pseudonym when dealing with us. However, if we request personal information and it is not provided, we may not be able to provide services to, or otherwise assist, the relevant individual.
General use and disclosure of personal information

We use and disclose personal information for the primary purpose for which it was collected, related purposes and other purposes authorised by the Personal Data Protection Act 2012 of Singapore. In general, we use and disclose personal information for the purposes set out in this privacy policy.
Use and disclosure of personal information for promotion and marketing

We will only use an individual’s personal information to promote or market services or to send invitations to events where we give that individual an opportunity to request us not to use the information for such purposes. We will not use an individual’s personal information for such purposes if the individual requests us not to do so.
To whom may we disclose or allow access to personal information?

We may disclose personal information to others, including our clients, suppliers and their contractors and other business contacts, in connection with the provision of our services to clients.

We may disclose or allow access to personal information that we collect to our suppliers, contractors and other business contacts that help us in our business. For example, contractors may distribute some of our publications and develop and maintain our computer systems, electronic records, websites, blogs and other social media outlets. Our auditors, insurers, lawyers and other professional advisers may also be allowed to access our records to protect our interests and to ensure that we comply with our obligations.

We may also disclose personal information about an individual to anyone else with the consent of that individual, or as otherwise required or permitted by law.
Disclosure to overseas recipients

We will generally not disclose personal information to overseas recipients. However, where required in order to provide specific services to specific clients, we may do so to the extent required for such purposes.
How do we keep personal information secure?

We take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure. We may store hard copies of this information in access controlled premises, and digital versions on secure servers. We require all persons authorised to access digital information to use logins and passwords to access such information.

We require all our contractors and others to whom we disclose personal information or whom may have access to personal information we collect, to keep such personal information private and to protect such personal information from misuse and loss and from unauthorised access, modification or disclosure.

Any credit card details provided to us for the purposes of making any payment are destroyed when processing the payment is finalised.

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Integrity of personal information

We take reasonable steps to ensure that the personal information we collect is accurate, up to date and complete and that the personal information we use or disclose is accurate, up to date, complete and relevant, having regard to the purpose of such use or disclosure.

To that end, we encourage you to contact us to update or correct any personal information we hold about you.
Contact us

To request access to or correction of personal information, to request not to receive marketing material or invitations from us, or to make a privacy complaint to us, please contact us at [email protected].
Changes to Privacy Policy

We reserve the right to make changes to this Privacy Policy from time to time and without notice by publication on our website www.pinnacleoakinvestments.com.

Your continued use of our website, or otherwise placing an order with us, will constitute your automatic acceptance of any amendments made to this Privacy Policy from time to time.

We recommend that you regularly review our Privacy Policy to ensure you are aware of any changes.

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Terms & Conditions

Effective date: September, 2025
INTERPRETATION

In these Conditions:

1.1 Singapore Consumer Protection (Fair Trading) Act means the law as set out in the Consumer Protection (Fair Trading) Act 2003 of Singapore.

1.2 Authorised Persons means the Recipient’s officers, employees, financiers, and contracted professional advisers who reasonably require access to Confidential Information for the purposes of this Contract.

1.3 Business Day means a day that is not a Saturday, Sunday, or public holiday in Singapore.

1.4 Confidential Information means all Information relating to the affairs of the Provider disclosed or made available to the Recipient or an Authorised Person by or on behalf of the Provider for the purposes of this Contract and includes:

1.4.1 Information that is by its nature confidential;

1.4.2 Information that is identified as confidential;

1.4.3 Information that the Recipient or Authorised Person knows or ought to know is confidential;

1.4.4 Information comprised in or relating to any Intellectual Property Rights of the Provider or any other person;

1.4.5 Information relating to the financial position of the Provider or any other person;

1.4.6 Information that has any actual or potential commercial value to the Provider or to any other person; and

1.4.7 Derived Information.

1.5 Client means the Client specified in the Quotation or, if there is no such quotation or no Client specified in the quotation, the receiver of the Services from Pinnacle Oak Investments and includes any servants, agents, or contractors acting on behalf of the Client where the context permits.

1.6 Conditions means these terms and conditions.

1.7 Consequential Loss includes any loss of data or profits, loss of anticipated savings, economic loss, interruption of business, or any other indirect or consequential loss.

1.8 Consumer means a “consumer” as that term is defined in Section 2 of the Singapore Consumer Protection (Fair Trading) Act.

1.9 Consumer Guarantees means the consumer guarantees under the Singapore Consumer Protection (Fair Trading) Act.

1.10 Contract means a contract for the supply of Services in accordance with these Conditions, as evidenced by the acceptance of any Proposal and Quotation in accordance with clause 3 from the Client to Pinnacle Oak Investments.

1.11 Derived Information means any information derived or produced by the Recipient or any Authorised Person wholly or partially from any Confidential Information.

1.12 Disbursements means third-party costs incurred by Pinnacle Oak Investments on behalf of the Client, which from time to time may be listed in the Quotation or otherwise advised to the Client by Pinnacle Oak Investments in writing.

1.13 DocuSign or PandaDoc means the website www.docusign.com, or www.pandadoc.co, or any other website(s) operated by DocuSign and/or PandaDoc respectively, from time to time.

1.14 End Date means the end date specified in the Quotation, unless automatically renewed in accordance with clause 6.2.

1.15 Pinnacle Oak Investments means Pinnacle Oak Investments Pte. Ltd.

1.16 Implied Terms means any guarantees, conditions, warranties, or other terms implied by any Singaporean laws (excluding the Singapore Consumer Protection (Fair Trading) Act), or the laws of any other jurisdiction.

1.17 Information means information of any nature, knowledge, technology, ideas, technical data, concepts, techniques, processes, formulae, expertise, models, drafts and diagrams, drawings, computer programs, source codes, object codes, user manuals, programming manuals, modification manuals, flow charts, software listings, trade secrets, inventions, discoveries, designs, methods, knowhow, and any other scientific, computing, technical, or manufacturing information and data, whether recorded or not.

1.18 Intellectual Property and Intellectual Property Rights include property and rights in connection with copyright (including future copyright and rights in the nature of or analogous to copyright), know-how, trade mark, service mark, design, inventions (including patents), semi-conductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights (including all renewals and extensions), whether created before, on, or after this agreement.

1.19 Liabilities means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis), and expenses, whether present or future, actual or contingent.

1.20 Proposal means any Proposal for Services put forward by Pinnacle Oak Investments to the Client, which will be subject to a Quotation and these Conditions.

1.21 Provider means a party who discloses or authorises the disclosure of Information for the purposes of this Contract.

1.22 Quotation means a quotation supplied by Pinnacle Oak Investments to the Client in respect of the Services.

1.23 Recipient means a party to whom Information is disclosed for the purposes of this Contract.

1.24 Services means the services provided by Pinnacle Oak Investments, being a full-service digital marketing agency specialising in SEO, Google Ads, and website development, to the Client from time to time and which are the subject of a Quotation.

1.25 SEO means Search Engine Optimisation.

1.26 Start Date means the start date for the Services as outlined in the Quotation.

1.27 Term means the term during which Pinnacle Oak Investments will provide the Services to the Client, which will commence on the Start Date and end on the earlier of the End Date and the date of cancellation of the Contract in accordance with these Conditions.
2. GENERAL

1.28 These Conditions apply to all Services provided by Pinnacle Oak Investments from the date of publication of these Conditions to Pinnacle Oak Investments’ Clients, and the Client is deemed to have read and accepted these Conditions when accepting a Proposal and Quotation in accordance with clause 3.

1.29 These Conditions shall prevail over all inconsistencies in a Proposal and Quotation, unless Pinnacle Oak Investments expressly agrees otherwise and that agreement is acknowledged in writing.

1.30 Pinnacle Oak Investments may vary these Conditions, and any such variations will have effect from the date of publication to the Clients of Pinnacle Oak Investments.
3. ACCEPTANCE OF THE CONTRACT

1.31 The Client is deemed to have accepted the Quotation provided by Pinnacle Oak Investments and the terms of the Contract by:

1.31.1 acceptance by e-signing through DocuSign and/or PandaDoc;

1.31.2 signing and returning the acceptance contained in the Quotation;

1.31.3 making any payment or part-payment to Pinnacle Oak Investments for the Services;

1.31.4 instructing Pinnacle Oak Investments verbally to commence or continue providing the Services;

1.31.5 providing a written acceptance, whether by post, email correspondence, fax, or other means, stating that the Client accepts the Quotation or instructing Pinnacle Oak Investments to commence providing the Services; or

1.31.6 paying any invoices for payment issued by Pinnacle Oak Investments calculated by the terms of this Contract.
4. PROVISION OF THE SERVICES

1.32 Any timeframes for provision of the Services made known to the Client are estimates only, and Pinnacle Oak Investments is not liable for late provision or non-provision of the Services.

1.33 The Client may cancel an accepted Quotation for Services if Pinnacle Oak Investments is unable to deliver the Services within 90 days of any specified timeframe for the provision of Services.

1.34 Except where clause 4.2 applies:

1.34.1 Pinnacle Oak Investments is not liable for any loss, damage, or delay occasioned to the Client or its customers arising from late or non-provision of the Services;

1.34.2 late provision or non-provision does not vary these Conditions or relieve the Client from its obligations to accept and pay for the Services.
5. INFORMATION AND MATERIALS PROVIDED BY THE CLIENT FOR THE SERVICES

1.35 The Client is to provide Pinnacle Oak Investments with any and all information, material, and access that is reasonably requested by Pinnacle Oak Investments in the timeframe and manner specified by Pinnacle Oak Investments.

1.36 The Client warrants that such material or information provided is true and correct and that it does not violate any laws or infringe the rights of any third party.

1.37 If the Client fails to provide the information, access, and/or materials within the timeframe specified by Pinnacle Oak Investments, then Pinnacle Oak Investments, in its sole and absolute discretion, may charge the Client additional costs as a result of this delay.

1.38 The Client warrants that it owns or is licensed all intellectual property rights in the information and/or materials provided and indemnifies Pinnacle Oak Investments against any claim that may be made if the Client is in breach of this clause. The Client warrants that the information and/or materials provided is compliant with clause 22 of these Conditions.
6. TERM OF THE SERVICES AND AUTOMATIC RENEWAL

1.39 The Term for the Services to be provided by Pinnacle Oak Investments to the Client will begin on the Start Date and expire on the End Date (Initial Term), unless cancelled earlier in accordance with these Conditions.

1.40 At the expiry of the Initial Term, the Term will be automatically renewed for successive periods of six (6) months each (each a Renewal Term), under the same terms and conditions as the Initial Term (except as varied pursuant to clause 6.3), unless the Client provides a written cancellation notice to Pinnacle Oak Investments not less than 30 days prior to the expiry of the Initial Term.

1.41 Not less than two (2) months before the expiry of the Initial Term or any subsequent Renewal Term, Pinnacle Oak Investments may provide the Client with written notice detailing the commercial terms for the upcoming Renewal Term (Renewal Term Proposal), which are deemed to be accepted by the Client for the Renewal Term unless the Client notifies Pinnacle Oak Investments of its intention to cancel this Agreement.

1.42 For the avoidance of doubt, if for any reason Pinnacle Oak Investments does not notify the Client as contemplated in clause 6.3, then the Renewal Term will be under the same terms and conditions as the Initial Term in all respects.

1.43 During any Renewal Term, the Client may cancel this Agreement with Pinnacle Oak Investments on one (1) month’s notice, provided such cancellation is by written notice to Pinnacle Oak Investments.
7. NO GUARANTEE OF SUCCESS OF THE SERVICES

1.44 Pinnacle Oak Investments will exercise all due care and skill in performing the Services but makes no warranty that the delivery of the Services will:

1.44.1 result in their website being highly ranked organically or their Google Ads being the first that appear;

1.44.2 result in an increase in the business (and profits of the business) of the Client;

1.44.3 result in an increase in the exposure of the brand of the Client;

1.44.4 increase the social media following of the Client;

1.44.5 boost the public profile of the Client; or

1.44.6 result in the Client obtaining any other desired outcome.
8. USE OF THE SERVICES BY THE CLIENT FOR THIRD PARTIES

Where a Client is using the Services provided by Pinnacle Oak Investments for further works and/or services that are being provided to a third party, then:

1.45 the Client acknowledges and agrees that Pinnacle Oak Investments has no contractual relationship with any client, customer, or consumer of the Client (“the Client’s Customers”) and no rights, benefits, or obligations under this Contract are transferred to the Client’s Customers by Pinnacle Oak Investments, and that these Conditions will apply insofar as they can to the Services that are ultimately provided to the Client’s Customers.

1.46 the Client agrees to the terms of the Contract on behalf of the Client’s Customers and acknowledges that this Contract does not govern the relationship between the Client and the Client’s Customers. For sake of clarity, this means that the Client is required to satisfy all responsibilities under this Contract and, by way of example, this means in providing information under clause 5 and complying with payment obligations under clause 16.

1.47 clause 7 applies to the Services provided to the Client for use by the Client’s Customer.

1.48 the Client must not:

1.48.1 misrepresent Pinnacle Oak Investments or the nature, quality, or scope of Pinnacle Oak Investments’ Services to the Client’s Customers;

1.48.2 hold itself out as an agent, representative, or affiliate of Pinnacle Oak Investments to the Client’s Customers;

1.48.3 provide any warranties, guarantees, or assurances on behalf of Pinnacle Oak Investments to the Client’s Customers; or

1.48.4 engage in any conduct that may adversely impact Pinnacle Oak Investments’ reputation, competitiveness, or integrity when providing the Services to the Client’s Customers.

1.49 the Client indemnifies and holds harmless Pinnacle Oak Investments, its officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal costs) arising from or in connection with:

1.49.1 any claim, demand, or legal action brought against Pinnacle Oak Investments and/or the Client by a Client’s Customer;

1.49.2 any misrepresentation, negligence, or breach of this Contract by the Client which results in action being taken by the Client’s Customers; and/or

1.49.3 any use, misuse, modification, or unauthorised representation of the Services by the Client’s Customers.

1.50 the Client must promptly notify Pinnacle Oak Investments of any complaints, claims, or issues raised by any of the Client’s Customers regarding the Services and subsequently provide all information relevant to such matters that Pinnacle Oak Investments reasonably requests.

1.51 the Intellectual Property clause at clause 22 will apply to the Client’s Customers.

9. WEBSITES

1.52 General

1.52.1 Pinnacle Oak Investments does not warrant that any website it creates for the Client (Website) will be mobile responsive for all devices nor does it guarantee that the website created will be suitable for every website browser.

1.52.2 Pinnacle Oak Investments does not guarantee the integration, functionality, and continual operation of third-party integrations, applications, plug-ins, and software (Third Party Platforms) that are installed on the Website. Pinnacle Oak Investments will not be responsible for any loss or damage suffered or incurred as a result of such failure in these Third Party Platforms. The Client also acknowledges and agrees that their activities and use of these Third Party Platforms may be subject to additional terms of service for each Third Party Platform.

1.52.3 Pinnacle Oak Investments recommends that the Client takes out their own insurance policy which covers cyber hacking and loss of business caused by any hacking or failure of the Client’s website.

1.52.4 Pinnacle Oak Investments recommends that their Clients include on the Website a privacy policy and website terms of use, and Pinnacle Oak Investments will not include these documents on the Website they produce unless these are provided by the Client.

1.52.5 It is the Client’s responsibility to ensure that the domain name for the Website is secured and that they continue to renew and pay for the renewal of such domain name. If the domain server fails, Pinnacle Oak Investments is indemnified by the Client for any and all liability, loss, or damage that may be suffered as a result of such failure.

1.52.6 If a Client has an existing website and they ask Pinnacle Oak Investments, as part of the Services, to make amendments or upgrades to that website, then Pinnacle Oak Investments does not guarantee that the amendments or upgrades they made will work and will not be liable for any failure of that website.

1.52.7 The Client gives Pinnacle Oak Investments permission to access and use their information to third-party services that are to be included on their website and to store any login credentials for that service.

1.52.8 Pinnacle Oak Investments does not have any relationship with users of the Client’s website (End Users); therefore, Pinnacle Oak Investments is not responsible for how the Client handles information on the End Users. The Client is responsible to provide notification to their End Users, and to the relevant authorities if required, of any security breach.

1.52.9 Elements of the Website and Third Party Platforms may automatically update from time to time, and the Client agrees to receive such updates.

1.52.10 The Client must not reverse engineer the software or website produced by Pinnacle Oak Investments.

1.53 Building the Website

1.53.1 If the Client instructs Pinnacle Oak Investments to transfer the contents of an old website to their new one, or to transfer their website in any manner, then the transfer of this website will be at the sole and absolute risk of the Client, and if any data is lost through this process, then the Client will indemnify Pinnacle Oak Investments for any resulting loss or damage as a result of the same.

1.53.2 The number of revisions of the draft website that will be offered by Pinnacle Oak Investments to the Client will be outlined in the Proposal. If the Client wants further revisions or amendments made to the website in excess of the number outlined in the Proposal, then such revisions will be charged to the Client at Pinnacle Oak Investments’ hourly rate, which hourly rate Pinnacle Oak Investments will advise to the Client in writing before they proceed to work on such revisions.

1.53.3 If, during the build of the website, a critical error occurs through no fault of Pinnacle Oak Investments, then the Client will indemnify Pinnacle Oak Investments from any liability, loss, or damage that occurs as a result of such critical error.

1.54 Handover of the Website

1.54.1 Once Pinnacle Oak Investments has completed creation of the website, they will pass control of the website over to the Client. From this point in time, Pinnacle Oak Investments will no longer be involved in the maintenance, updating, and operation of the website. It will be up to the Client to continue to maintain and update the website, and Pinnacle Oak Investments will not be liable for any failure of the website, or for any error caused by the Client failing to operate or update the website correctly.

1.54.2 Once the website is completed by Pinnacle Oak Investments and handed over to the Client, it will be owned by the Client, subject to Pinnacle Oak Investments retaining intellectual property rights in the website design in accordance with clause 22.

1.54.3 After the website is handed over to the Client, the Client will be responsible for all backup and security of the website, and Pinnacle Oak Investments will have no liability for this.

1.54.4 If the Client requires any amendments to be made to the website by Pinnacle Oak Investments after the website is handed over, then such works will be charged at Pinnacle Oak Investments’ hourly rate, which Pinnacle Oak Investments will advise to the Client in writing.

1.54.5 Pinnacle Oak Investments will be in no way liable for any loss, damage, demand, liability, claim, or expense made against the Client by any third party as a result of the way in which the Client uses the website, including the content posted on the website.

1.55 Ongoing Works for Websites Produced by Pinnacle Oak Investments

1.55.1 The Client can request that Pinnacle Oak Investments provide ongoing services in respect of the website, which services will be agreed between Pinnacle Oak Investments and the Client. Such service will be provided for the monthly fee as provided in writing from Pinnacle Oak Investments to the Client.
10. GOOGLE ADS

1.56 Whilst Pinnacle Oak Investments can prepare Google Ads for the Client, Pinnacle Oak Investments cannot guarantee the number of clicks any Google Ad will receive.

1.57 Pinnacle Oak Investments will research the business of the Client and use high-traffic keywords to create the Google Ad.

1.58 The Client’s website may affect the performance of the Google Ad, its positioning, and conversions.

1.59 Google Ads will be charged per click, and the Client’s credit card will be provided for these charges to be made to as a disbursement in accordance with clause 15.

1.60 If there is a special offer made by the third-party advertisement engine promoter, Pinnacle Oak Investments does not guarantee that such offer will be ongoing or continuous, and such promotion will be in the control of the third party.

1.61 Any account established for the purpose of these advertisements will be an account owned and controlled by Pinnacle Oak Investments.

1.62 When the Client cancels the Service or at the expiry of the Term, Pinnacle Oak Investments will pause the account and paid advertisements and remove the credit card details of the Client after the last bill is issued for the paid advertisements to date.

1.63 Pinnacle Oak Investments cannot control where a paid advertisement gets reposted.

1.64 Images used by Pinnacle Oak Investments in any paid advertisements are to be royalty-free images and will either be stock pictures or pictures that are taken from Pinnacle Oak Investments’ website or social media pages. The Client may also provide such images to Pinnacle Oak Investments for their use. The terms of clauses 22.4 and 22.6 will apply to these images.

1.65 Any Google Ads account will be subject to the terms and conditions of Google.

1.66 The Client acknowledges that Google has the ability to reserve the right to refuse advertisements for any reason. In the event of such refusal, the Client acknowledges and agrees that it will remain liable to pay the fees of Google as well as those of Pinnacle Oak Investments.
11. SEO

1.67 The Client acknowledges that SEO listings are organic, meaning there is no way to control how a page is listed through SEO, and SEO is merely a tool to help organic growth and listings of the Client’s website.

1.68 Pinnacle Oak Investments may arrange for blogs to be published including links to the Client’s website, and information about their products or services to assist in the process of improving the Client’s SEO. This will result in backlinks being added to the Client’s website, which the Client approves of by instructing Pinnacle Oak Investments to provide SEO services to them. Pinnacle Oak Investments has no control over what these backlinks and blogs will contain nor can they control whether they will continue to stay live.

1.69 The Client understands that if their website is hacked, this will cause their SEO rankings to drop, and this will be at no fault of Pinnacle Oak Investments.

1.70 Pinnacle Oak Investments cannot control any negative SEO that a competitor may use against the Client and does not guarantee that they can remedy any negative SEO.

1.71 Pinnacle Oak Investments owns all intellectual property in its SEO works and has no obligation to show the Client what it does for the purpose of its SEO.

1.72 When the Term expires or the Client cancels the Contract, Pinnacle Oak Investments will not be responsible for the removal of any SEO or external links created.

1.73 The Client acknowledges that the SEO service provided is an intangible service.

1.74 If there is any amendment by third parties and their requirements of SEO, Pinnacle Oak Investments does not guarantee that their SEO practices will mirror the same.
12. SINGAPORE CONSUMER PROTECTION (FAIR TRADING) ACT

Where the Client is provided Services as a Consumer:

1.75 the Services are supplied subject to the Consumer Guarantees;

1.76 if the Services fail to meet any Consumer Guarantee, the Client will be entitled to such rights and remedies as are permitted or provided in the Singapore Consumer Protection (Fair Trading) Act for such failure, to the extent that such rights and remedies cannot be lawfully excluded;

1.77 the Client may only exercise any right or remedy for breach of a Consumer Guarantee strictly in accordance with the rights and responsibilities of the Client under the Singapore Consumer Protection (Fair Trading) Act.
13. GENERAL LIMITATION ON LIABILITY

1.78 This clause 13 does not limit the liability of Pinnacle Oak Investments under the Singapore Consumer Protection (Fair Trading) Act.

1.79 Pinnacle Oak Investments shall not be liable for any guarantee, warranty, or representation as to the quality, performance, and fitness for purpose or otherwise of any Services unless expressed in writing, and any such warranty or representation shall be limited to its express terms.

1.80 None of the Implied Terms apply to any Contract except to the extent that they cannot be lawfully excluded.

1.81 Pinnacle Oak Investments’ liability for breach of any provision of any such Contract or for breach of any Implied Terms which by force of law cannot be excluded from applying to any such Contract is limited at the option of Pinnacle Oak Investments to repairing or re-supplying the Services which have been found defective, or paying the cost of re-supplying the Services which have been found defective.

1.82 Pinnacle Oak Investments is not liable in tort for any loss or damages suffered by the Client or by any third party.

1.83 In no circumstance whatsoever shall Pinnacle Oak Investments be liable to the Client or to any third party for any Consequential Loss in connection with any Contract or Implied Terms, and the Client will keep Pinnacle Oak Investments fully indemnified against any claim made against Pinnacle Oak Investments by the Client or a third party for Consequential Loss.
14. PRICES AND GST

1.84 Unless otherwise stated, all prices quoted by Pinnacle Oak Investments are net, exclusive of Goods and Services Tax (GST).

1.85 GST applies to the provision of Services by Pinnacle Oak Investments, and the amount payable by the Client will be increased by a percentage equal to the prevailing GST rate at the time of delivery of the Services.

1.86 Pinnacle Oak Investments may amend their pricing at any time by giving prior written notice to the Client of such amendment.
15. DISBURSEMENTS

1.87 Any disbursements incurred by Pinnacle Oak Investments in providing the Services to the Client will be due and payable by the Client and will be in addition to the price of the Services provided by Pinnacle Oak Investments unless otherwise advised in writing.

1.88 Pinnacle Oak Investments may require such Disbursements, whether estimated or actual pricing, to be paid for in part or in full before Pinnacle Oak Investments incurs any Liability for the Disbursements.

1.89 Pinnacle Oak Investments may, from time to time, require the Client to provide their credit card details to be entered online to the relevant supplier of services to facilitate advertisement spend, like Google Ads, for the ongoing payment of their third-party fees. Pinnacle Oak Investments has no liability to pay any amounts for advertisement spend. Where the Client provides credit card details to Pinnacle Oak Investments, Pinnacle Oak Investments will ensure that these details are used only for the purpose of entering them online to arrange the ongoing payments to be taken by direct debit, and once these credit card details have been entered online, such credit card details will be destroyed by Pinnacle Oak Investments. The Client must ensure that this credit card always has funds available for the payment of these fees, and if the credit card is declined for any reason whatsoever, Pinnacle Oak Investments will advise the Client of the same, and the Client will be required to provide new credit card details within 48 hours of such communication.

1.90 The Client irrevocably authorises Pinnacle Oak Investments to provide their information, including their credit card information, to the third-party suppliers for the purpose of this Contract, and the Client indemnifies and releases Pinnacle Oak Investments in respect of any claim or liability that arises from any fraud or misuse of their credit card details that occurs through no fault of Pinnacle Oak Investments.

1.91 The Client must indemnify Pinnacle Oak Investments against all Liabilities incurred as a result of any failure by the Client to reimburse Pinnacle Oak Investments for Disbursements under this clause.

1.92 Pinnacle Oak Investments will not be liable to the Client for any price amendment of any third party, and if a third party amends their pricing, then the Client must pay this new pricing.

16. PAYMENT

1.93 Pinnacle Oak Investments reserves the right to charge the Client for costs incurred resulting from the Client varying its instructions, correcting any errors or omissions referred to in clause 16.2, or requiring Services urgently.

1.94 Pinnacle Oak Investments will supply the Services on the basis of the Proposal and Quotation and the information provided by the Client. Pinnacle Oak Investments will not be responsible for any errors or omissions resulting wholly or partially from incomplete or unclear instructions or information provided by the Client.

1.95 The Quotation will specify the proposed payment terms between Pinnacle Oak Investments and the Client.

1.96 All amounts payable to Pinnacle Oak Investments by the Client must be paid in Singapore dollars, unless otherwise specified in the invoice issued by Pinnacle Oak Investments, in any manner required by Pinnacle Oak Investments in writing and in full without set-off on or before the due date for payment.

1.97 Any costs or charges incurred by Pinnacle Oak Investments in collecting or attempting to collect overdue amounts must be paid by the Client to Pinnacle Oak Investments on demand.

1.98 Pinnacle Oak Investments reserves the right to charge interest at the rate of 12% per annum on all overdue amounts owing to it. Such interest will accrue daily and is payable on demand.

1.99 Payment will not be taken to occur until all cheques tendered or electronic funds transfer in discharge of amounts owing to Pinnacle Oak Investments have been presented or received and cleared in full.
17. ADMINISTRATION FEE

Pinnacle Oak Investments reserves the right to charge the Client a reasonable administration fee for issuing any duplicate invoices, statements, or other documents requested by the Client, where such document has previously been provided by Pinnacle Oak Investments.
18. QUOTATIONS

1.100 Subject to clause 5.3, all Quotations are valid for 30 days from the date of Quotation.

1.101 Pinnacle Oak Investments reserves the right to charge the Client for any costs incurred as a result of the Client varying its Quotation or the Contract, correcting any errors or omissions referred to in clause 18.3, or requiring Goods urgently.

1.102 Pinnacle Oak Investments will supply the Services on the basis of the Proposal and Quotation (whether written or oral). Pinnacle Oak Investments will not be responsible for any errors or omissions in relation to the Services where those errors or omissions result wholly or partially from incomplete or unclear instructions provided by the Client.

1.103 The Quotation will outline any exclusions from the Services.
19. CANCELLATION

1.104 Pinnacle Oak Investments may cancel any Contract any time before Services are provided by giving written notice to the Client. On giving such notice, Pinnacle Oak Investments will repay to the Client any sums paid in respect of the Services. Pinnacle Oak Investments will not have any other liability in respect of such cancellation.

1.105 Subject to clause 4.2, the Client may only cancel a Contract in the following circumstances:

1.105.1 by providing thirty (30) days notice in writing of such cancellation; or

1.105.2 at any time except with Pinnacle Oak Investments’ prior written consent.

1.106 In the event that the Client cancels a Contract otherwise than under clause 4.2:

1.106.1 Pinnacle Oak Investments may retain any deposit or other sums paid on account of the Services; and

1.106.2 if payment is not already made in full, the Client will be responsible for any losses incurred by Pinnacle Oak Investments in respect of such cancellation (including loss of profits, loss of anticipated savings, economic loss, interruption of business loss, or other incidental, consequential, or indirect damages).

1.107 In the event the Client cancels a Contract under clause 4.2, Pinnacle Oak Investments will repay to the Client any sums paid in respect of the Services. Pinnacle Oak Investments will not have any other liability in respect of such cancellation.
20. SUSPENSION OR TERMINATION OF SERVICES BY PINNACLE OAK INVESTMENTS

1.108 If the Client makes a default in any payment due to Pinnacle Oak Investments, commits any act of bankruptcy, or enters into liquidation whether voluntary or involuntary, Pinnacle Oak Investments may in its absolute discretion suspend supply of any Services to the Client or cancel any Contract with the Client, without prejudice to any other rights of Pinnacle Oak Investments.

1.109 No default by the Client or action taken by Pinnacle Oak Investments under clause 20.1 will prejudice any rights of Pinnacle Oak Investments against the Client whatsoever, including any right to recover any amounts due for Services previously provided by Pinnacle Oak Investments to the Client.
21. CONFIDENTIAL INFORMATION

1.110 The Recipient agrees in favour of the Provider that during the term of this Contract, and after the expiration of this Contract, that all Confidential Information provided to the Recipient or of which the Recipient becomes aware as a result of this Contract:

1.110.1 will be kept strictly confidential;

1.110.2 will not without the Provider’s consent:

1.110.2.1 be disclosed or divulged to any third party;

1.110.2.2 will not be copied or reproduced;

1.110.2.3 will not be used for any purpose or enterprise other than for the purpose of this Contract;

1.110.3 will be safely and securely stored when not in use; and

1.110.4 will remain the absolute and exclusive property of the Provider.

1.111 This duty of confidence does not extend to Confidential Information:

1.111.1 which is known to the Recipient at the date of this Contract; or

1.111.2 which comes into the public domain after the date of the Contract otherwise than as a result of a breach of the Contract by the Recipient; or

1.111.3 which is disclosed to the Recipient by a third party with the right to do so or which is required by law to be disclosed, provided that the Recipient notify the Provider as soon as such Confidential Information becomes known to the Recipient; or

1.111.4 which is disclosed by the Recipient as required by law.

1.112 The Recipient bears the onus of proof of the matters referred to in clause 21.2.

1.113 The Recipient must bind its Authorised Persons, employees, and permitted agents and subcontractors (if any) who have access to the Confidential Information to comply with all the Recipient’s obligations under this clause.

1.114 The Recipient must indemnify the Provider against all Liabilities in respect of any breach of this clause 21 by the Recipient or any Authorised Persons, employees, or permitted agents or subcontractors of the Recipient.
22. INTELLECTUAL PROPERTY

1.115 Pre-Existing Intellectual Property

Notwithstanding any other clause of this Contract, the ownership of the Intellectual Property Rights in any item which exists prior to the commencement, or is created independently, of this Agreement (Pre-Existing IP) will not be altered, transferred, or assigned merely by virtue of a party using that item for the purposes of this Contract.

1.116 Licence to Use Pre-Existing IP

To the extent that the Pre-Existing IP owned by Pinnacle Oak Investments is incorporated into the provision of any Services, in accordance with this Contract, unless those items are licensed to the Client under a separate agreement with Pinnacle Oak Investments, Pinnacle Oak Investments grants a non-exclusive, worldwide, royalty-free licence to the Client to use the Pre-Existing IP, but only to the extent necessary for the purpose of obtaining the full benefit and use of the Services as contemplated by this Contract, and only for the Term unless agreed to otherwise by Pinnacle Oak Investments.

1.117 Ownership of What Is Created in the Provision of the Services

Unless stated to the contrary in writing, Pinnacle Oak Investments:

1.117.1 assigns to the Client the Intellectual Property Rights in any materials created as part of the Services (and in all research and reports commissioned by the Client and used to support or provide the Services) and acknowledges that the Client will be the owner of such materials immediately upon their creation;

1.117.2 must ensure that the Intellectual Property Rights in any materials created as part of the Services by any third party on its behalf are assigned to Pinnacle Oak Investments immediately on their creation, so as to enable Pinnacle Oak Investments to comply with and give effect to the assignment under this clause;

1.117.3 consents to all acts or omissions by or on behalf of the Client that might otherwise constitute an infringement of moral rights in the materials produced as part of the Services. This clause 22.3 does not apply to any part of the Services that is Pre-Existing IP.

1.118 Licence to the Client’s Intellectual Property

The Client grants a perpetual, non-exclusive, worldwide, non-transferrable, royalty-free license to Pinnacle Oak Investments (including the right to grant sub-licenses) in respect of:

1.118.1 the Client’s Intellectual Property Rights in or in relation to any information or materials provided by the Client to Pinnacle Oak Investments for the provision of the Services, but only to the extent necessary for the purpose of providing the Services as contemplated by this Contract; and

1.118.2 the Intellectual Property Rights in or in relation to any information or materials created by Pinnacle Oak Investments and which is assigned to the Client pursuant to clause 22.3, with the authority to use the information or materials produced in providing services to other clients (provided such use does not infringe the Client’s Intellectual Property Rights which are licensed pursuant to clause 22.4.).

1.119 Warranties by Pinnacle Oak Investments

Pinnacle Oak Investments warrants that neither:

1.119.1 the provision of the Services by Pinnacle Oak Investments; nor

1.119.2 the exercise of any rights under clause 22.2, will infringe any Intellectual Property Rights of any third party.

1.120 Warranties by the Client

The Client warrants that neither:

1.120.1 the provision of the information and materials supplied by the Client or the Client’s Intellectual Property for the Services; nor

1.120.2 the exercise of any rights under clause 22.4, will infringe any Intellectual Property Rights of any third party.
23. PLACE OF CONTRACT

1.121 This Contract is made in the Republic of Singapore.

1.122 The Client and Company agree that unless otherwise stipulated by Pinnacle Oak Investments, all disputes arising between them shall be submitted to the courts of the Republic of Singapore and any court competent to hear appeals from those courts of first instance.
24. DISPUTE RESOLUTION

1.123 Any dispute between the parties arising from the performance of the provisions of this Contract and any invoice for payment issued by Pinnacle Oak Investments to the Client must be attempted to be settled between the parties by an authorised representative with authority from each party meeting within fourteen (14) days of notification of a dispute in writing from one party to the other party. Such meeting is to take place within the Republic of Singapore at a place nominated by Pinnacle Oak Investments.

1.124 If the meeting referred to in clause 24.1 does not result in the settlement of the dispute between Pinnacle Oak Investments and the Client, the dispute may then be referred to mediation, if agreed by both parties. The mediator is to be appointed by agreement between the parties, and in the event that the parties agree to mediate but within seven (7) days of agreeing to such mediation cannot agree to the mediator to be appointed, then the mediator is to be appointed by the then current President of the Law Society of Singapore. The costs of any mediation are to be borne equally between the parties.

1.125 If the dispute cannot be settled through mediation, or the parties do not both consent to a mediation, then either party is at liberty to commence legal proceedings.

1.126 During the period in which the dispute is being resolved, the parties must continue to perform all of the provisions of the Contract which are not under dispute.
25. MISCELLANEOUS

1.127 A Contract may be altered in writing signed by each party.

1.128 Unless otherwise provided, a party may in its discretion give (conditionally or unconditionally) or withhold any approval or consent under a Contract.

1.129 The Client must not assign or otherwise deal with a Contract or any right under it without the written consent of the other party.

1.130 A Contract constitutes the entire agreement between the parties about its subject matter and supersedes any prior understanding, agreement, condition, warranty, indemnity, or representation about its subject matter.

1.131 A waiver of a provision of or right under a Contract must be in writing signed by the party giving the waiver and is effective only to the extent set out in the written waiver.

1.132 The failure, delay, relaxation, or indulgence by a party in exercising a power or right under a Contract is not a waiver of that power or right.

1.133 An exercise of a power or right under a Contract does not preclude a further exercise of it or the exercise of another right or power.

1.134 Each indemnity, obligation of confidence, and other term capable of taking effect after the expiration or termination of a Contract remains in force after the expiration or termination of the Contract.
26. INTERPRETATION

In these Conditions, unless the context otherwise requires:

1.135 headings do not affect interpretation;

1.136 singular includes plural and plural includes singular;

1.137 a reference to a party includes its executors, administrators, successors, and permitted assigns;

1.138 a reference to a person includes a partnership, corporation, association, government body, and any other entity;

1.139 an agreement, representation, warranty, or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;

1.140 an agreement, representation, warranty, or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;

1.141 a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;

1.142 a provision is not construed against a party only because that party drafted it;

1.143 an unenforceable provision or part of a provision may be severed, and the remainder of these Conditions continues in force, unless this would materially change the intended effect of these Conditions;

1.144 the meaning of general words is not limited by specific examples introduced by ‘including’, 'for example', or similar expressions.

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