PINNACLE PRESENCES

Terms of Service

Effective April 2026 · Governed by South African law

1. Parties

These Terms of Service ("Agreement") govern all services provided by Pinnacle Presences Ltd ("the Company", "we", "us"), with registered address at 657 Morswalla Way, Langebaan, 7357, Western Cape, South Africa, to its clients ("the Client", "you").

By engaging our services, submitting an enquiry, or accepting a project proposal, you agree to be bound by these Terms.

2. Services

The Company provides the following services, subject to individual project scopes agreed upon in writing:

• Website design, development and ongoing maintenance
• Search engine optimisation — technical, on-page and local
• Google and Meta advertising — campaign build and management
• Email marketing — sequences and campaigns
• CRM development and lead pipeline systems
• Brand identity and logo design

The specific scope, deliverables, and timeline for each project will be detailed in a written proposal or project brief, which forms part of this Agreement.

3. Payment Terms

Build fee.

• A deposit of 50% of the build fee is required before work commences, and is non-refundable once work has begun.
• The remaining 50% is due before launch. The site goes live once it clears.
• The balance becomes due 60 days after the deposit regardless of delays, as build slots cannot be held open indefinitely.

Monthly fee.

• The retainer period starts on launch day. No monthly fee is charged for a site that is not yet live.
• The first monthly payment falls 30 days after launch. The first month of service after launch is covered by the build fee.
• Each monthly payment covers the month ahead, billed on the same date each month.
• Minimum term is four months from launch, after which the agreement continues month-to-month. Either party may cancel with 30 days' written notice, with no penalty or renewal negotiation.

General.

• All fees are quoted and payable in South African Rand (ZAR), excluding VAT where applicable.
• Advertising budget is paid by the Client directly to Google or Meta from the Client's own account. The Company never holds or bills advertising budget, and all fees are separate from and additional to it.
• Where a performance share is agreed, the percentage and the method of attribution are agreed in writing before any campaign launches.
• Invoices not settled within 7 days of the due date attract interest at 2% per month on the outstanding balance.
• The Company reserves the right to withhold delivery of all final work until outstanding amounts are settled in full.
• The Client owns their domain and retains it on termination.

4. Revisions

• Each project includes two (2) rounds of revisions at no additional cost.
• A revision round is defined as one consolidated set of feedback submitted by the Client following a delivery.
• Additional revision rounds beyond the two included will be billed at R450 per hour.
• Revisions do not include new features, scope changes, or redesign requests — these will be quoted separately.

5. Cancellation & Refunds

• The 50% build deposit is non-refundable once work has commenced, including on client-initiated cancellation, because that is the point at which time is allocated to the project.
• If the Client cancels after further work has been invoiced or completed beyond the deposit stage, all work completed to date remains billable.
• The Company may terminate a project if the Client fails to provide required content, feedback, or payment within 14 calendar days of a formal written request, without obligation to refund the deposit.

6. Client Responsibilities

• The Client is responsible for supplying all required content, images, copy, and materials in a timely manner.
• The Client warrants that all materials supplied are lawfully owned or properly licensed and do not infringe any third-party intellectual property rights.
• Project timelines are estimates. Delays caused by late Client feedback, missing content, or scope changes are the Client's responsibility and may affect the delivery date without penalty to the Company.

7. Intellectual Property

• All intellectual property rights in the deliverables pass to the Client upon receipt of full and final payment.
• Prior to full payment, all work, designs, code, and assets remain the exclusive property of Pinnacle Presences Ltd.
• The Company reserves the right to display completed work in its portfolio and marketing materials unless the Client requests otherwise in writing prior to project commencement.
• Third-party assets (stock imagery, fonts, plugins) remain subject to their respective licences and are the Client's responsibility to maintain.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project and not to disclose it to third parties without prior written consent, unless required by law.

9. Limitation of Liability

• The Company's total liability under this Agreement is limited to the total project fees paid by the Client for the specific project in dispute.
• The Company is not liable for any indirect, consequential, incidental, or loss-of-profit damages arising from the use of delivered work.
• The Company does not warrant that any website will be error-free, continuously available, or free from security vulnerabilities after handover.
• The Client is solely responsible for website content, hosting, domain registration, and ongoing maintenance unless a separate maintenance agreement is in place.

10. Governing Law & Jurisdiction

This Agreement is governed by the laws of the Republic of South Africa. Any disputes arising from or in connection with this Agreement will be subject to the exclusive jurisdiction of the Western Cape High Court, Cape Town.

11. Amendments

The Company reserves the right to update these Terms of Service at any time. Updated terms will be published on this website. Continued engagement with our services after an update constitutes acceptance of the revised terms.

12. Entire Agreement

This Agreement, together with any written project proposal or brief, constitutes the entire agreement between the parties and supersedes all prior understandings or representations, whether written or oral.