The legal stuff
TERMS OF SERVICE &
PRIVACY POLICY
1. Definitions & Interpretation
1.1 “GoldPear”, “we”, “us”, “our” refer to GoldPear, a sole proprietorship owned and operated by Talitha Joubert, trading as GoldPear, South Africa.
1.2 “Client”, “you”, “your” refer to any individual or entity accessing our website, engaging our Services, or receiving Deliverables.
1.3 “Services” mean content creation, web copy, legal-style documents (including letters, disclaimers, and terms), design, consulting, hosting coordination, or related professional services provided by GoldPear.
1.4 “Deliverables” refer to the final content, documents, designs, or files supplied to you.
1.5 “User Content” means any information, text, images, data, files, or materials provided by you to GoldPear.
By accessing our website, engaging our Services, or accepting Deliverables, you agree to be bound by these Terms, our Privacy Policy, and all applicable liability provisions.
2. Scope of Services & Use
2.1 GoldPear provides Services strictly in accordance with the scope agreed in writing via proposal, quotation, email confirmation, or invoice.
2.2 You remain solely responsible for verifying the legal, regulatory, medical, or compliance accuracy of any Deliverables. GoldPear does not provide legal advice and does not guarantee legal validity or regulatory compliance unless expressly stated in writing.
2.3 GoldPear may engage subcontractors or trusted third parties (including hosting providers, developers, or proofreaders) to fulfil Services.
2.4 Any templates, guidance, or general information provided are for informational purposes only and must not be relied upon as professional legal advice.
3. Intellectual Property & Licensing
3.1 Upon receipt of full payment, GoldPear grants you a non-exclusive, perpetual licence to use the Deliverables for the agreed purpose.
3.2 GoldPear retains copyright, moral rights, and portfolio rights in all Deliverables and may display them for marketing, portfolio, or case study purposes unless confidentiality is requested in writing before project commencement.
3.3 You warrant that all User Content supplied does not infringe third-party rights and indemnify GoldPear against any claims arising from such material.
3.4 Drafts, working files, and internal project materials remain the property of GoldPear unless otherwise agreed in writing.
4. Fees, Payment & Refunds
4.1 Fees are charged as outlined in the applicable proposal, quotation, or invoice.
4.2 Acceptance of Work: By requesting work to commence, providing feedback, or requesting revisions — whether verbally or in writing — you accept these Terms and agree to payment, even if no formal contract was signed.
4.3 Deposits and retainers secure project allocation and are non-refundable once work has commenced.
4.4 Late payments may accrue interest at the prevailing statutory rate and may result in suspension of Services.
4.5 GoldPear reserves the right to withhold Deliverables or restrict access to websites or systems until full payment is received.
4.6 Suspension for Non-Payment: GoldPear retains administrative control over any websites, hosting, or digital platforms it manages until all outstanding fees are settled. Suspension does not constitute termination.
4.7 Refunds are granted solely at GoldPear’s discretion and only where no work has commenced.
5. Revisions & Changes
5.1 Projects include only the number of revision rounds specified in the proposal. Additional revisions or scope changes are billable.
5.2 GoldPear reserves the right to refuse requests that are unlawful, unethical, or technically impractical.
6. Warranties & Disclaimer
6.1 GoldPear warrants that Deliverables will materially conform to agreed specifications.
6.2 Except as expressly stated, Services and Deliverables are provided “as is”, without warranties of fitness, accuracy, performance, or outcomes.
6.3 GoldPear does not guarantee business results, legal approval, rankings, conversions, or performance outcomes.
7. Limitation of Liability & Indemnity
7.1 To the maximum extent permitted by law, GoldPear is not liable for indirect, incidental, or consequential damages, including loss of profits, data, or goodwill.
7.2 GoldPear’s total liability for any claim shall not exceed the fees paid for the specific Services giving rise to the claim.
7.3 You indemnify GoldPear against all claims arising from:
- misuse of Deliverables
- failure to verify compliance
- infringement from User Content
- breach of these Terms
7.4 You waive any claim for loss or downtime arising from suspension due to non-payment.
8. Confidentiality & Data Protection
8.1 All Client materials and information are treated as confidential and disclosed only as required to perform Services or by law.
8.2 Reasonable technical and organisational safeguards are implemented to protect Client data.
9. Privacy Policy (POPIA)
9.1 Personal data collected includes names, contact details, and business information voluntarily provided.
9.2 Data is used to:
- deliver Services
- communicate with Clients
- meet legal, accounting, or tax obligations
9.3 Data is retained only as required by law or operational necessity.
9.4 Data is never sold and may only be shared with trusted service providers under confidentiality obligations.
9.5 You may access, correct, restrict, or request deletion of personal data in accordance with POPIA.
9.6 Requests may be submitted to info@goldpear.co.za (subject to legal retention requirements).
9.7 Continued use of our website or Services constitutes consent to this policy.
10. Termination
10.1 Either party may terminate for material breach if not remedied within a reasonable period.
10.2 All work completed remains payable upon termination.
10.3 Intellectual Property, Payment, Liability, Confidentiality, and Privacy provisions survive termination.
11. Amendments
GoldPear may update these Terms periodically. Continued use constitutes acceptance.
12. Governing Law
These Terms are governed by the laws of the Republic of South Africa, with exclusive jurisdiction vested in South African courts.
13. Contact
Questions about these terms?
Get in touch at info@goldpear.co.za