TERMS, PRIVACY & LIABILITY

Welcome to GoldPear. By accessing this website, requesting quotations, approving proposals, making payment, or engaging GoldPear for any creative, branding, design, digital, strategic, consulting, content, or related services (“Services”), you agree to the following Terms, Privacy & Liability Policy.

1. DEFINITIONS

“GoldPear”, “we”, “us”, or “our” refers to GoldPear, a South African creative studio operated by Talitha Joubert.

“Client”, “you”, or “your” refers to any individual, company, organisation, or entity engaging GoldPear services.

“Deliverables” refers to final approved creative work, files, content, designs, documents, assets, or materials supplied to the Client.

“Working Files” refers to editable production files, layered source files, drafts, strategies, systems, templates, development environments, and internal production assets.

2. ACCEPTANCE OF TERMS

Acceptance of any quotation, proposal, invoice, retainer, email approval, project commencement, payment, feedback, revision request, or continued engagement with GoldPear constitutes acceptance of these Terms.

These Terms apply to all Services unless otherwise agreed in writing.

GoldPear reserves the right to update these Terms at any time without prior notice. Continued use of our Services constitutes acceptance of any updated Terms.

3. QUOTATIONS, SCOPE & PROJECTS

All quotations are valid for 14 calendar days unless otherwise stated.

Services are provided strictly according to the approved quotation, proposal, retainer, invoice, or written scope of work.

Any request outside the approved scope, including additional concepts, revisions, deliverables, meetings, strategy, production work, consulting, or implementation, may be quoted and billed separately.

Scope changes may affect pricing, timelines, scheduling, and delivery dates.

GoldPear reserves the right to refuse additional work requests until formally approved in writing.

4. PAYMENT TERMS

Unless otherwise agreed in writing:

• A deposit may be required before work commences
• Retainers are payable monthly in advance
• Invoices are payable within 15 calendar days
• Final files or deliverables may be withheld until full payment is received

Late payments may result in:

• paused work,
• withheld deliverables,
• restricted access,
• suspension of websites or digital services,
• or termination of Services.

Interest may be charged on overdue amounts at the maximum rate permitted under South African law.

Deposits, retainers, and booking fees are non-refundable once work has commenced or production capacity has been allocated.

5. RETAINERS

Retainers secure ongoing creative availability, strategic support, workflow allocation, and priority scheduling rather than guaranteed fixed hourly output.

Monthly workload allocation may vary depending on campaign requirements, deadlines, production needs, and business priorities.

Unused capacity, hours, or deliverables do not roll over unless expressly agreed in writing.

6. CLIENT RESPONSIBILITIES

The Client remains solely responsible for:

• supplying accurate information,
• reviewing all Deliverables,
• verifying spelling, factual accuracy, compliance, and legality,
• obtaining required permissions or licences,
• and providing approvals within reasonable timeframes.

GoldPear is entitled to rely on information and materials supplied by the Client without independent verification.

The Client warrants that all supplied content, assets, trademarks, imagery, copy, and materials do not infringe any third-party rights.

The Client indemnifies GoldPear against any claims arising from Client-supplied materials or instructions.

7. REVISIONS & APPROVALS

Projects include only the revision rounds specified in the applicable quotation or proposal.

Additional revisions, repeated redesign requests, direction changes, delays, or work outside the approved brief may be billed separately.

Written approval, email confirmation, published use, payment, or implementation of Deliverables constitutes final acceptance.

GoldPear shall not be liable for any errors, omissions, production issues, compliance issues, spelling mistakes, technical problems, or inaccuracies approved by the Client prior to publication, printing, launch, production, or distribution.

8. INTELLECTUAL PROPERTY

All concepts, drafts, proposals, strategies, Working Files, systems, layouts, development environments, and unapproved creative material remain the exclusive intellectual property of GoldPear unless otherwise agreed in writing.

Upon full payment, the Client receives a non-exclusive, perpetual licence to use the final approved Deliverables for their intended commercial purpose.

Copyright, portfolio rights, underlying methodologies, and ownership of Working Files remain vested in GoldPear unless expressly transferred in writing.

Unused concepts and rejected creative directions remain the sole property of GoldPear.

9. SOURCE FILES & WORKING FILES

Editable or Working Files are not automatically included unless expressly stated in writing.

This includes but is not limited to:

• Adobe Illustrator files
• Photoshop files
• InDesign files
• Figma files
• Presentation masters
• Raw artwork
• Design systems
• Development environments
• Editable templates
• Production assets

GoldPear reserves the right to charge separately for preparation, packaging, licensing, transfer, or release of Working Files.

10. PORTFOLIO RIGHTS

Unless designated confidential in writing prior to project commencement, GoldPear reserves the right to display completed and publicly released work within:

• portfolios,
• websites,
• social media,
• marketing material,
• presentations,
• awards,
• and case studies.

GoldPear will not knowingly disclose confidential business information, unpublished campaigns, proprietary strategy, or commercially sensitive information without written consent.

11. CONFIDENTIALITY

Both parties agree to treat confidential information responsibly and with reasonable care.

Confidential information may only be disclosed:

• where required to perform the Services,
• where legally required,
• or where authorised in writing.

12. WEBSITE, DEVELOPMENT & TECHNICAL DISCLAIMER

Unless expressly quoted and agreed in writing, GoldPear does not provide:

• software development,
• custom coding,
• technical maintenance,
• cybersecurity,
• server administration,
• hosting infrastructure,
• SEO guarantees,
• platform warranties,
• or ongoing technical support.

Where GoldPear coordinates with developers, hosting providers, printers, media buyers, or third-party suppliers, GoldPear acts solely as a coordinator or intermediary unless otherwise agreed.

GoldPear is not liable for third-party failures, downtime, security breaches, outages, technical defects, pricing changes, or supplier delays.

13. AI & CREATIVE TECHNOLOGY

GoldPear may utilise industry-standard creative technologies, automation systems, and AI-assisted tools as part of its workflow.

All final creative direction, refinement, quality control, and project oversight remain managed by GoldPear.

14. WARRANTIES & DISCLAIMERS

Services and Deliverables are provided “as is” unless expressly stated otherwise in writing.

GoldPear does not guarantee:

• commercial success,
• business growth,
• legal enforceability,
• regulatory compliance,
• search rankings,
• conversions,
• platform approvals,
• or performance outcomes.

Any legal-style content, disclaimers, policies, terms, templates, or documentation provided by GoldPear are supplied for informational and drafting purposes only and do not constitute legal advice unless expressly stated otherwise in writing.

Clients remain responsible for obtaining independent legal, financial, regulatory, or professional advice where required.

15. LIMITATION OF LIABILITY

To the maximum extent permitted by law, GoldPear shall not be liable for any indirect, incidental, consequential, special, punitive, or commercial damages, including:

• loss of profits,
• business interruption,
• reputational damage,
• data loss,
• website downtime,
• platform failures,
• production losses,
• or third-party service failures.

GoldPear’s total liability for any claim relating to Services shall not exceed the total amount paid by the Client for the specific Services giving rise to the claim.

The Client indemnifies and holds GoldPear harmless against any claims, damages, liabilities, costs, or legal expenses arising from:

• misuse of Deliverables,
• Client-supplied content,
• breach of these Terms,
• unlawful instructions,
• compliance failures,
• or third-party claims.

16. SUSPENSION & TERMINATION

GoldPear reserves the right to suspend or terminate Services immediately in cases of:

• non-payment,
• abusive conduct,
• unlawful requests,
• excessive scope creep,
• breach of agreement,
• or prolonged communication delays.

All completed work, partially completed work, allocated production time, and outstanding invoices remain payable upon suspension or termination.

Suspension of services or access due to non-payment does not constitute cancellation of amounts owed.

17. PRIVACY & POPIA

GoldPear respects your privacy and processes personal information in accordance with the Protection of Personal Information Act (“POPIA”) of South Africa.

Information collected may include:

• names,
• contact information,
• business details,
• billing information,
• and project-related communications.

Information is used solely for:

• providing Services,
• communication,
• administration,
• legal compliance,
• accounting,
• and operational purposes.

Information will not knowingly be sold or shared with unrelated third parties except where necessary for project execution, professional services, legal compliance, or operational functionality.

By engaging GoldPear, you consent to communication and data processing via email, cloud platforms, project management systems, messaging applications, hosting services, and related digital tools reasonably required for project execution.

18. GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa.

Any disputes arising in connection with GoldPear Services shall fall under the jurisdiction of South African courts.

19. CONTACT

GoldPear
Email: info@goldpear.co.za