Terms of Service

Last updated: 17 January 2026

1) Who we are

These Terms of Service (“Terms”) govern your use of the Blackpeach website and any enquiry, discovery, proposal, development, delivery, support, or related services provided by Blackpeach (“we”, “us”, “our”).

2) What we do

Blackpeach designs and builds digital systems for service businesses and startups, including (but not limited to): websites, booking systems, lead management, admin portals, client portals, dashboards, reporting, automation, and integrations.

3) Enquiries, applications, and qualification

Submitting an enquiry or applying for a build slot does not create a binding agreement.
We may decline projects that are not a fit for scope, timeline, budget, or operational requirements.
We may request additional details (discovery) before quoting or commencing work.

4) Proposals, scope, and change control

All work is defined by a written proposal, statement of work, quotation, or agreed scope document (“Scope”).
Any additions, revisions, or new requirements outside Scope are treated as a change request and may affect cost and timelines.
We are not responsible for outcomes impacted by incomplete requirements, late approvals, or delayed client inputs.

5) Fees, deposits, and payment terms

Unless otherwise stated, work requires an upfront deposit prior to scheduling or commencement.
Payment terms will be stated on the invoice or proposal (e.g., milestone-based or fixed schedule).
Late payments may pause work, delay delivery, and/or result in restricted access to deliverables until the account is settled.

6) Timelines and delivery

Estimated delivery dates are good-faith projections and depend on timely client feedback and approvals.
Where third-party services, approvals, or dependencies exist (hosting, domain, payment gateways, WhatsApp APIs, etc.), delivery may be affected.

7) Client responsibilities

You agree to:

Provide accurate information, content, and requirements.
Respond to requests for approvals and feedback within reasonable time.
Maintain accounts and subscriptions needed for third-party tools and services (where applicable).
Ensure you have rights to any content you provide (logos, images, copy, customer data, etc.).

8) Third-party services

Some solutions require third-party platforms (e.g., email providers, payment processors, CRM tools, WhatsApp, analytics, hosting). You may be subject to those providers’ terms and fees. Blackpeach is not responsible for downtime, outages, policy changes, or limitations imposed by third parties.

9) Intellectual property and ownership

Unless otherwise agreed in writing, once all invoices are paid, you own the final deliverables specifically created for you.
Blackpeach retains ownership of any pre-existing frameworks, internal tooling, reusable components, templates, and know-how.
We may display non-confidential work in our portfolio unless you request otherwise in writing.

10) Access, credentials, and security

You are responsible for securing your credentials and controlling access to your accounts.
Where we are granted access to systems, you authorize us to perform actions necessary to deliver the Scope.
We implement reasonable security practices, but no system is completely risk-free.

11) Data protection and privacy

Our handling of personal information is described in our Privacy Policy. Where we build systems that process customer data, you remain responsible for lawful collection and processing of that data in your business operations.

12) Support, maintenance, and warranties

Any included support period and what it covers will be stated in writing.
Unless explicitly included, ongoing maintenance, hosting, monitoring, or feature enhancements are not part of delivery.
We warrant that we will perform services with reasonable care and skill. We do not guarantee specific business outcomes (e.g., revenue, leads, rankings), as these depend on market factors and client operations.

13) Acceptable use

You may not use any Blackpeach-built system or service for unlawful activities, harassment, fraud, or content that infringes the rights of others. We may suspend services if we reasonably believe there is illegal or harmful use.

14) Limitation of liability

To the maximum extent permitted by law, Blackpeach will not be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill.

To the extent liability cannot be excluded, our total aggregate liability for any claim relating to the services will not exceed the fees paid to Blackpeach for the specific service giving rise to the claim during the three (3) months prior to the event.

15) Suspension and termination

Either party may terminate a project in writing if the other party materially breaches and fails to remedy within a reasonable time.
We may pause or terminate work for non-payment, abusive conduct, or unlawful use.
On termination, you are responsible for fees for work completed up to the termination date.

16) Refunds

Deposits reserve time and planning and are generally non-refundable once work has commenced.
Where a refund is appropriate, it will be calculated based on work completed and costs incurred.

17) Changes to these Terms

We may update these Terms from time to time. The updated version will be posted on our website with a revised “Last updated” date.

18) Governing law

These Terms are governed by the laws of the Republic of South Africa, unless otherwise agreed in writing.

19) Contact

Questions about these Terms can be sent via our Contact page.