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1. TERMS OF SERVICE
1.1 Introduction and Acceptance
By accessing our website, purchasing services or digital products, submitting forms, or engaging with us, you agree to these Terms. If you are accepting on behalf of a company, you confirm you have authority to bind that company.
1.2 Definitions
"Services": Strategic advisory, brand development, website builds, systems implementation, frameworks, and related consulting work as defined in a Statement of Work (SOW) or proposal.
"Digital Products": Toolkits, templates, frameworks, downloads, courses, and portal access licensed to you.
"Client": The person or entity purchasing Services or Digital Products.
"SOW": A program-specific document defining scope, deliverables, timelines, payment terms, and acceptance criteria.
"Frameworks": Our proprietary methodologies including Clarity Triad Philosophy™, Brand Conversion Accelerator™, Founder Alignment Compass™, Market Clarity Sprint™, and related intellectual property.
1.3 Engagement Model
Services are delivered only as defined in a mutually accepted SOW, proposal, or program description. The SOW controls scope, deliverables, milestones, acceptance criteria, and fees. If there is a conflict between these Terms and an SOW, the SOW governs for that specific engagement.
1.4 Client Responsibilities
You agree to:
Provide timely access to information, brand assets, technical credentials, and decision-makers
Attend scheduled discovery calls, review sessions, and handover meetings
Complete intake forms and pre-project checklists by agreed deadlines
Review deliverables within stated timeframes (typically 24-48 hours for feedback rounds)
Ensure all content, data, and materials you provide are lawful and you have rights to use them
Respond to clarification requests within 48 hours to maintain project timelines
Timeline Extensions: Delays in providing materials, feedback, or access will extend delivery timelines accordingly. We are not responsible for missed go-live dates caused by client delays
1.5 Fees, Invoicing, and Payment
All fees are in ZAR (South African Rand) unless stated otherwise
Payment terms are defined in your SOW or at checkout (typically 70% upfront / 30% at go-live for done-with-you programs)
Invoices are due upon receipt unless otherwise stated
Late payments may incur reasonable late fees and/or suspension of work until payment is received
Accepted methods: EFT to our designated account, and when enabled, online payment via approved gateway
All invoices will be issued under: "Mercy Sawana, trading as People & Pillar"
Outstanding payments must be settled before final deliverables or access is granted
1.6 Changes and Out-of-Scope Work
Any request outside the defined SOW requires a change order documenting scope, timeline impact, and additional fees. We will not proceed with extra work without written acceptance of the change. Examples of out-of-scope work:
Additional pages beyond agreed site structure
Custom development not specified in original scope
Expanded blog content beyond stated post count
Additional revisions beyond agreed rounds
Integration of tools not listed in original proposal
1.7 Intellectual Property and Framework Protection
Our IP Remains Ours: Our methodologies, frameworks, working files, templates, processes, diagnostic tools, and strategic models remain our exclusive property. No transfer of ownership occurs unless explicitly stated in the SOW and fully paid.
Your License: Upon full payment, you receive a non-exclusive, non-transferable license to:
Use final deliverables (websites, documents, strategies) internally for your business
Implement frameworks as instructed for your own operations
Access and use digital products for internal business purposes
You May Not:
Resell, sublicense, or redistribute our frameworks, toolkits, or methodologies
Teach our frameworks to third parties or use them in your own consulting/training
Publicly distribute digital products or course materials
Reverse-engineer our proprietary processes
Remove or modify our attribution from deliverables
Framework Licensing: If you wish to use our frameworks in your own client work or training, contact us for commercial licensing terms.
1.8 Client Logo and Case Study Usage
With Permission: We may request permission to:
Display your company logo in our portfolio or website
Create anonymized or attributed case studies highlighting outcomes
Reference the engagement type and general results (e.g., "helped a SaaS founder clarify positioning")
Your Rights:
You may grant or withhold permission at any time
You may request anonymization (no company name, logo replaced with "SaaS Startup Founder")
You may request removal of existing case studies or logos by emailing hello@peopleandpillar.com
Default Position: Without explicit written permission, we will not display your logo or create attributed case studies.
1.9 Third-Party Tools and Services
We use trusted third-party tools to deliver services and operate our website:
Service Delivery Tools:
Framer: Website hosting and building platform
Cal.com: Scheduling and booking system
MailerLite: Email automation and marketing
Notion: Client command centres and project management
Loom: Video walkthroughs and training delivery
Google Analytics (GA4): Website traffic and conversion tracking
Payment Gateways: [Specify when enabled]
What This Means:
Your data may be processed by these providers under their terms and privacy policies
We select vendors with strong security and privacy practices
You are responsible for maintaining accounts we set up on your behalf (e.g., Cal.com, MailerLite)
We are not liable for third-party service outages or changes to their terms
1.10 Recording and Documentation Consent
Call Recordings: Discovery calls, alignment sessions, and review meetings may be recorded for:
Accurate capture of your voice, preferences, and positioning insights
Quality assurance and team training
Reference during content development
By participating in scheduled calls, you consent to recording. Recordings are stored securely and not shared publicly.
Loom Walkthroughs: We deliver video training via Loom. These videos may include screen recordings of your systems, dashboards, and Command Centres. You retain rights to these recordings and may download or share them internally.
1.11 Subcontractors and Team Members
We may engage subcontractors or specialized team members to deliver certain aspects of services (e.g., technical integration, design, copywriting). All subcontractors are bound by confidentiality and quality standards equivalent to our own. We remain responsible for all work delivered.
1.12 Confidentiality
Both parties agree to:
Keep non-public information confidential
Use confidential information only for the engagement
Not disclose confidential information without prior written consent
Exceptions: Information that is publicly available, independently developed, or required to be disclosed by law.
Survival: Confidentiality obligations survive termination of the engagement.
1.13 Warranties and Disclaimers
What We Provide: Professional services and digital products based on industry best practices, proven frameworks, and strategic judgment. We commit to delivering work that meets the acceptance criteria defined in your SOW.
What We Don't Guarantee:
Specific revenue, growth, or performance results
Outcomes dependent on your implementation, market conditions, or timing
Search engine rankings, traffic volumes, or conversion rates
That your market will respond in any particular way
No Legal, Tax, or Financial Advice: Our strategic guidance does not constitute legal, tax, accounting, or financial advice. Consult qualified professionals for those areas.
As-Is Basis: Digital products are provided "as-is" with no warranty beyond what's described in the product listing.
1.14 Liability Limitations
Our Maximum Liability: Limited to the total fees you paid us for the specific engagement in the 6 months preceding the claim.
Excluded Damages: We are not liable for:
Indirect, consequential, or incidental losses
Lost profits, revenue, or business opportunities
Lost data (you are responsible for backups)
Third-party claims arising from your use of deliverables
Outcomes resulting from your implementation decisions
Your Indemnity: You agree to indemnify us against claims arising from:
Content or data you provide that infringes rights or violates law
Your use of deliverables in ways not authorized by these Terms
Breach of your obligations under these Terms
1.15 Timeline Guarantees and Extensions
Our Commitment: We honor stated delivery timelines (e.g., 7-day CLP delivery) provided you meet your responsibilities on time.
Extension Triggers:
Client delays in providing materials, feedback, or access
Client absence from scheduled calls or review sessions
Requests for additional revisions beyond agreed rounds
Force majeure events (see Section 1.19)
No Penalty for Client-Caused Delays: We will not charge additional fees for timeline extensions caused by client delays, but we cannot guarantee original delivery dates once delays occur.
1.16 Post-Delivery Support
Included Support: Defined in your SOW (e.g., 30-day support for CLP clients covers implementation questions, troubleshooting, and optimization guidance).
Support Channels: Notion Command Centre, email, or scheduled calls as specified.
Response Time: 24-48 hours during business days (Monday-Friday, excluding South African public holidays).
After Support Window: Ad-hoc support, additional training, or ongoing advisory can be purchased separately.
1.17 Termination
By Either Party: Either party may terminate for material breach not cured within 10 business days of written notice.
By Client: You may terminate at any time by providing written notice. Fees for work performed, deliverables completed, and committed resources become due immediately.
By Us: We may terminate if:
Payment is more than 14 days overdue
You materially breach confidentiality or IP terms
You engage in abusive, threatening, or unlawful conduct
Effect of Termination:
Outstanding invoices become due immediately
We retain all IP rights as stated in Section 1.7
You retain access to deliverables completed and paid for
Confidentiality obligations survive
1.18 Dispute Resolution
Good Faith First: Before any formal action, parties agree to attempt good-faith resolution through direct communication.
Governing Law and Venue: These Terms are governed by the laws of the Republic of South Africa. Any disputes will be resolved in the courts of Gauteng, South Africa.
Costs: In the event of legal action, the prevailing party may recover reasonable attorney fees and costs.
1.19 Force Majeure
Neither party is liable for failure to perform due to circumstances beyond reasonable control, including:
Natural disasters, pandemics, or public health emergencies
Government actions, strikes, or civil unrest
Internet or infrastructure outages
Third-party service provider failures
Effect: Performance obligations are suspended during force majeure events. If the event exceeds 30 days, either party may terminate without penalty.
1.20 Updates to Terms
We may update these Terms periodically. The effective date and version will be shown at the top of this page. Material changes will be announced via email to active clients and posted on this page. Continued use of our services after changes constitutes acceptance.
1.21 Entire Agreement
These Terms, together with any SOW or proposal, constitute the entire agreement between you and us. No other representations, warranties, or agreements apply unless in writing and signed by both parties.
2. PRIVACY POLICY (POPIA-COMPLIANT)
2.1 Who We Are
Mercy Sawana, trading as People & Pillar, is the responsible party for personal information processed via this website and in the course of delivering services.
Contact for Privacy Matters: hello@peopleandpillar.com
2.2 Personal Information We Collect
Information You Provide:
Name, email, phone number, company name (via forms, booking, checkout)
Service interests, business challenges, positioning information (via intake forms, discovery calls)
Payment details (processed securely via third-party gateways)
Brand assets, website credentials, content you provide for projects
Information We Collect Automatically:
Device type, browser, IP address
Pages viewed, time on site, navigation patterns
Referral source, search terms used to find us
Cookies and tracking pixels (see Cookie Notice)
Recordings and Documentation:
Audio/video recordings of discovery calls and training sessions (with your consent)
Screen recordings for Loom walkthroughs
Transcripts for voice extraction and positioning work
2.3 Purpose and Lawful Basis
We process personal information to:
Deliver services: Fulfill contracts, provide consulting, build websites, grant access to toolkits
Communicate: Respond to inquiries, send project updates, deliver training materials
Process payments: Issue invoices, track payments, manage refunds
Improve services: Analyze website usage, optimize user experience, refine frameworks
Marketing (with consent): Send newsletters, framework insights, program announcements
Lawful Basis:
Contractual necessity: To deliver services you've purchased
Legitimate interests: To operate our business, improve services, prevent fraud
Consent: For marketing communications (you may withdraw anytime)
Legal obligation: To comply with tax, accounting, and regulatory requirements
2.4 Data Sharing and Vendors
We share personal information only as necessary:
Service Providers:
Framer (website hosting)
Cal.com (scheduling)
MailerLite (email marketing)
Notion (client command centres)
Loom (video delivery)
Google Analytics (website analytics)
Payment gateways (when enabled)
Legal Disclosure: We may disclose information if required by law, court order, or to protect our rights.
No Selling: We do not sell or rent your personal information to third parties.
2.5 Cross-Border Data Transfers
Some of our service providers are located outside South Africa (e.g., United States, European Union). When data is transferred internationally, we ensure appropriate safeguards:
Standard contractual clauses
Privacy Shield or equivalent frameworks
Vendor commitments to GDPR/POPIA-level protection
2.6 Data Retention
Active Clients: We retain personal information for the duration of our engagement plus 6 years for accounting and legal compliance.
Marketing Contacts: Until you unsubscribe or request deletion.
Website Visitors: Analytics data is anonymized or deleted after 26 months.
Recordings: Discovery call recordings are retained for 12 months unless you request earlier deletion.
After retention periods, we delete or anonymize personal information unless legally required to retain it.
2.7 Security Measures
We implement reasonable technical and organizational measures:
Encryption in transit (HTTPS/TLS)
Access controls and password protection
Secure cloud storage with reputable providers
Regular security assessments
Staff training on data protection
No System Is Perfect: While we strive for robust security, no method is 100% secure. We continuously improve our safeguards.
2.8 Your Rights Under POPIA
You have the right to:
Access: Request a copy of personal information we hold about you
Correction: Request updates to inaccurate or incomplete information
Deletion: Request erasure of your personal information (subject to legal retention obligations)
Objection: Object to certain processing (e.g., direct marketing)
Restriction: Request limitation of processing in certain circumstances
Data Portability: Receive your data in a structured, machine-readable format
How to Exercise Rights: Email hello@peopleandpillar.com with your request. We will respond within a reasonable time (typically 30 days).
2.9 Marketing Communications
We send marketing emails only with your consent. You can opt out anytime via:
Unsubscribe link in any marketing email
Emailing hello@peopleandpillar.com with "Unsubscribe" in the subject
Service Communications: We may still send transactional emails related to services you've purchased (e.g., project updates, invoice reminders).
2.10 Children's Privacy
Our services are not directed to individuals under 18. We do not knowingly collect personal information from children. If we discover we have collected such information, we will delete it promptly.
2.11 Automated Decision-Making
We do not use automated decision-making or profiling that produces legal or similarly significant effects.
2.12 Contact and Complaints
Privacy Questions: hello@peopleandpillar.com
Complaints: If you believe we have mishandled your personal information, contact us first. You may also lodge a complaint with the Information Regulator (South Africa):
Website: justice.gov.za
Email: inforeg@justice.gov.za
2.13 Updates to Privacy Policy
We may update this Privacy Policy periodically. The effective date and version will be shown at the top. Material changes will be announced on this page and via email to active clients.
3. COOKIE NOTICE
3.1 What Are Cookies
Cookies are small text files stored on your device that help websites function and improve your experience.
3.2 Types of Cookies We Use
Essential Cookies (Always Active):
Required for core functionality (e.g., security, session management, form submissions)
Cannot be disabled without breaking site features
Performance/Analytics Cookies:
Help us understand site usage (e.g., Google Analytics)
Allow us to improve navigation, content, and user experience
Functional Cookies:
Remember your preferences (e.g., cookie consent choices, language settings)
Marketing Cookies:
Help tailor content and measure campaign effectiveness
Track conversions from ads or referrals
3.3 Consent and Control
On first visit, we display a banner allowing you to:
Accept all cookies
Reject non-essential cookies
Manage preferences
You can change cookie settings anytime via "Manage Cookies" in the footer.
3.4 Third-Party Cookies
Some features use third-party providers that may set cookies:
Google Analytics: Website traffic analysis
Cal.com: Scheduling embed
Payment gateways: Secure checkout (when enabled)
These providers have their own privacy policies governing cookie use.
3.5 Disabling Cookies
You can disable cookies in your browser settings. Note that some site features may not work properly without cookies (e.g., forms, scheduling, checkout).
3.6 Updates
We may update this Cookie Notice periodically. The effective date will be shown at the top.
4. REFUNDS & CANCELLATIONS
4.1 Services (Consulting, Programs, Done-With-You Work)
Before Work Begins: If you cancel before the first scheduled session or delivery kickoff, we will refund payments less any non-refundable deposits or administrative fees (typically 10% of total engagement fee or R2,500, whichever is lower).
After Work Begins: Once discovery calls are held, deliverables are in progress, or sessions are delivered, refunds are calculated based on:
Work completed to date
Resources committed (team time, licenses, third-party costs)
Deliverables provided
Rescheduling: If you need to reschedule sessions, provide at least 48 hours' notice. Late cancellations (less than 48 hours) may result in the session being counted as delivered.
Dissatisfaction: If you're dissatisfied with deliverables, notify us within 7 days of delivery. We will work with you to address concerns or, if defined acceptance criteria were not met, provide a partial refund or remediation.
4.2 Digital Products (Toolkits, Templates, Courses)
All Sales Final: Due to the nature of downloadable/online content, all digital product sales are final once access is granted or downloads are provided.
Exceptions: Refunds may be provided if:
Technical issues prevent access and cannot be resolved
Local consumer law requires it
Request Process: Email hello@peopleandpillar.com within 7 days of purchase with details of the issue.
4.3 Refund Process
To request a refund or reschedule:
Email hello@peopleandpillar.com with your order details
Explain the reason and provide relevant context
We will confirm eligibility and next steps within 3 business days
Approved refunds are processed within 14 business days to the original payment method
4.4 Compliance
This policy aligns with South African Consumer Protection Act provisions to the extent applicable to professional services and digital products.
5. WEBSITE DISCLAIMER
5.1 Professional Judgment, Not Guarantees
We provide strategic advisory, frameworks, and digital products based on professional judgment and industry best practices. Outcomes depend on your implementation, market conditions, timing, and factors outside our control.
5.2 No Revenue or Performance Guarantees
We do not guarantee specific results, including:
Revenue growth or profitability
Client acquisition volumes
Search rankings or website traffic
Conversion rates or engagement metrics
Case studies and testimonials reflect specific client experiences and are not typical results.
5.3 No Legal, Tax, or Financial Advice
Content on this website is for general informational purposes. It is not:
Legal advice (consult an attorney)
Tax or accounting advice (consult a qualified accountant)
Financial or investment advice (consult a financial advisor)
5.4 Third-Party Links
Our website may link to third-party sites. We are not responsible for their content, privacy practices, or accuracy. Links do not imply endorsement.
5.5 Changes and Availability
This policy aligns with South African Consumer Protection Act provisions to the extent applicable to professional services and digital products.
CONTACT US
Questions about these policies?
Email: hello@peopleandpillar.com
Privacy or data rights inquiries:
Email: hello@peopleandpillar.com
(We will respond within 30 days)
Address:
10 Peter Avenue, Kempton Park, Johannesburg, Gauteng
DISCLOSURE
People & Pillar™ is a trading name of Mercy Sawana.
All services, digital products, invoices, and receipts are issued by Mercy Sawana, trading as People & Pillar.
Version: v1.0
Effective Date: 19 November 2025
Last Reviewed: 19 November 2025
CHANGE LOG
v1.0 (Initial publish - 19 November 2025)
Terms of Service published
Privacy Policy (POPIA-compliant) published
Cookie Notice published
Refunds & Cancellations published
Website Disclaimer published
