Our Guarantee

1. The pay-on-results guarantee

The initial audit of your business is carried out at no cost to you. You do not pay anything until results have been independently verified against the targets we agreed in writing before work began.

Independent verification is funded entirely by Coaley Peak. You will receive a copy of the verifier's report alongside each savings summary. No invoice is raised until the verifier confirms the saving has been achieved. This applies unconditionally to every active engagement and cannot be waived.

2. The £10,000 missed-targets guarantee

If the agreed targets are missed and that is confirmed by the independent verifier, Coaley Peak will pay the client up to £10,000.

This guarantee applies to:

• Contracts signed on or after 24 March 2026.
• Contracts whose document reference begins with the prefix contract_payonresults_.
• The measurement period set out in the contract schedule.

Contracts entered before 24 March 2026 (including renewals) are not subject to this guarantee unless a written addendum specifically incorporating these terms has been executed by both parties.

3. What “missed targets” means

Targets are defined in writing in the Mutual KPI Assessment & Tracking Framework before work begins. This document forms a binding annex to the commercial agreement. Both parties sign off on each target, the measurement methodology, and the data sources used to assess it.

A target is “missed” if the independent verifier confirms in writing that the agreed saving was not achieved in the measurement period specified in the contract schedule, taking into account any seasonality adjustments, attribution exclusions, or other factors documented in the framework.

4. What “up to £10,000” means

The payment is calculated as the verified shortfall in savings (that is, the difference between the target saving and the saving actually achieved and verified) capped at £10,000 per 12-month engagement period.

Partial misses attract proportional payments. For example, if the agreed target was £20,000 in annual savings and the independent verifier confirms £16,000 was achieved, the shortfall is £4,000 and Coaley Peak will pay £4,000. The cap of £10,000 per 12-month period applies regardless of the number of targets or the total shortfall.

5. Exclusions

The £10,000 missed-targets guarantee does not apply in the following circumstances:

• Contracts entered into before 24 March 2026.
• Renewals of existing contracts where no written addendum incorporating these guarantee terms has been executed.
• Situations where the client has not provided the access to systems, data, and personnel reasonably required by Coaley Peak to deliver the agreed scope of work, as set out in the engagement documentation.
• Events constituting force majeure under the commercial agreement (including but not limited to natural disasters, acts of war, pandemics, or governmental actions outside either party's reasonable control) that materially affect the ability to achieve the agreed targets.
• Targets that the independent verifier determines were not achievable based on the client's data at the time the framework was agreed, due to material inaccuracies in information provided by the client.

6. How to make a claim

To make a claim under the £10,000 missed-targets guarantee:

1. Contact us at legal@coaleypeak.co.uk within 30 days of the end of the measurement period specified in your contract schedule.
2. Include your contract reference (beginning contract_payonresults_), the specific targets you believe were missed, and any supporting documentation.
3. Coaley Peak will commission the independent verifier to review the claim within 10 working days of receipt.
4. If the verifier confirms the shortfall, payment will be made within 30 days of the verifier's written confirmation.

Claims should be submitted within the 30-day window. Late claims may be considered at Coaley Peak's discretion.

7. Statutory rights not affected

This guarantee is in addition to, and does not limit, any statutory rights the client may have under applicable law. Nothing in these terms excludes or restricts Coaley Peak's liability for fraud, fraudulent misrepresentation, death, or personal injury caused by negligence.

8. Relationship with the commercial agreement

This guarantee operates as a standalone commitment and does not form part of, or affect, any limitation of liability clause contained in the commercial agreement between the client and Coaley Peak Ltd. Guarantee payments made under clause 2 above are excluded from, and do not count towards, any aggregate liability cap in the commercial agreement. Where there is any conflict between the terms of this guarantee and any limitation of liability provision in the commercial agreement, this guarantee shall prevail to the extent of the conflict.

This guarantee does not limit or restrict any other rights or remedies available to the client under the commercial agreement or applicable law.

9. Independence of the verifier

The independent verifier is commissioned and funded by Coaley Peak Ltd. To maintain genuine independence, the verifier appointed to any engagement must: (a) be a suitably qualified professional (typically a chartered accountant, practising solicitor, or registered professional appropriate to the KPI category); (b) have no material financial relationship with Coaley Peak Ltd beyond the verification engagement itself; and (c) have no pre-existing commercial relationship with the client that could affect their objectivity.

If you have a specific preference for the professional engaged to verify your results (for example, your own firm's auditors or a legal adviser with whom you already have a relationship) Coaley Peak will accommodate that request where the proposed professional meets the independence and qualification criteria above. Any such preference should be raised before the Mutual KPI Assessment & Tracking Framework is agreed. Full details of how independent verification operates are set out on our Independent Verification page.