Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the website located at pinnaclestrategypartners.co.za (the "Website") and any related services provided by Pinnacle Strategy Partners (Pty) Ltd ("Pinnacle Strategy Partners", "PSP", "we", "us" or "our").

By accessing the Website, submitting an enquiry, engaging our services or otherwise interacting with us, you agree to be bound by these Terms. If you do not accept these Terms, please do not use the Website.

Specific mandates, engagements and services are governed by separate written engagement letters and master service agreements. In the event of any conflict between these Terms and an executed engagement letter, the engagement letter prevails.

The following terms have the meanings set out below:

• ·"Client" means any natural or juristic person that engages PSP to deliver services under an executed engagement letter.
• ·"Engagement Letter" means a written agreement executed between PSP and a Client that describes the specific mandate, deliverables, fees and terms of a particular engagement.
• ·"Deliverables" means the reports, presentations, models, frameworks, platforms and other outputs produced by PSP under an Engagement Letter.
• ·"Confidential Information" has the meaning ascribed to it in the confidentiality section of these Terms.
• ·"Website" means the website located at pinnaclestrategypartners.co.za and any successor URL.

The Website is provided for informational purposes only. It does not constitute an offer to provide, or the provision of, professional advice.

You agree to use the Website in a lawful manner and specifically undertake not to:

• ·Attempt to gain unauthorised access to any part of the Website or its underlying systems.
• ·Interfere with, disrupt or attempt to disable the Website or its supporting infrastructure.
• ·Use the Website to distribute unlawful, defamatory, offensive or harmful content.
• ·Copy, reproduce or exploit the Website's content for commercial purposes without written permission.

We reserve the right to suspend or terminate access to the Website at our discretion, without notice, where we consider such action necessary.

Pinnacle Strategy Partners provides strategic advisory, enterprise infrastructure, technology, education, capital and transaction advisory services to Clients across the African continent.

The scope, fees, timing, deliverables and obligations of any specific engagement are set out in the applicable Engagement Letter. No professional advisory relationship arises until such Engagement Letter has been signed by both parties.

Information published on the Website is general in nature and should not be relied on as advice for any particular circumstance. Formal advice is provided only under a signed Engagement Letter.

All intellectual property in the Website — including text, graphics, frameworks, methodologies, code, logos, trademarks and design elements — is owned by or licensed to Pinnacle Strategy Partners.

The following are trademarks and/or registered trademarks of Pinnacle Strategy Partners: Pinnacle Bridge™, Kalemba LMS™, 13th Grade™, PSP Doctrine™, Bankability Can Be Built™, Trust Is Measurable™, Capital Follows Credibility™, Enterprise Value Can Be Architected™, and other identifiers used on the Website.

No right, licence or interest in any intellectual property is granted to you except as expressly stated in these Terms or an Engagement Letter.

Deliverables produced under an Engagement Letter are subject to the intellectual-property provisions of that Engagement Letter. In the absence of a contrary written agreement, PSP retains ownership of all pre-existing methodologies, frameworks and know-how used in delivering the engagement.

PSP treats client information with strict institutional confidentiality. "Confidential Information" means any non-public information disclosed by one party to the other in connection with the Website or an Engagement Letter, whether disclosed in writing, orally or electronically.

Confidentiality obligations survive the termination of any engagement.

Confidential Information does not include information which is (i) publicly available through no fault of the receiving party; (ii) already known to the receiving party without a duty of confidentiality; (iii) independently developed without reference to the disclosing party's information; or (iv) required to be disclosed by law or by a competent regulatory authority.

Fees for services rendered under an Engagement Letter are set out in that Engagement Letter and may be structured as fixed fees, retainers, milestone-based fees, success fees, or a combination thereof.

Unless otherwise agreed in writing, invoices are payable within thirty (30) days of the invoice date. Overdue amounts may attract interest at the prime lending rate published by our primary bank plus 2%.

Where third-party costs are incurred in the performance of an engagement (for example, travel, verification services, data providers, or specialist counsel), such costs will be invoiced separately as pass-through expenses, with prior notice where practical.

PSP undertakes to deliver its services with the professional skill, care and diligence expected of a senior advisory firm operating in the relevant sector.

Save as expressly provided in an Engagement Letter, the Website and all information published on it are provided "as is" and "as available", without any warranty of any kind, express or implied.

PSP does not warrant that the Website will be uninterrupted, error-free or free from viruses or other harmful components. You use the Website at your own risk.

To the maximum extent permitted by law, PSP, its directors, officers, employees and affiliates shall not be liable for any indirect, incidental, consequential, special or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of the Website or any engagement.

The aggregate liability of PSP under or in connection with any Engagement Letter shall be limited to the fees actually paid by the Client under that Engagement Letter in the twelve (12) months preceding the event giving rise to the claim, unless a different limit is agreed in writing.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for fraud, wilful misconduct or gross negligence.

You agree to indemnify and hold harmless PSP and its directors, officers, employees and affiliates from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• ·Your breach of these Terms or any Engagement Letter.
• ·Your unlawful or unauthorised use of the Website.
• ·Any inaccurate or misleading information supplied by you to PSP.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

The parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Johannesburg, for the resolution of any dispute arising out of or in connection with these Terms.

In the event of any dispute arising out of or in connection with these Terms or an Engagement Letter, the parties shall first attempt to resolve the dispute in good faith through senior-executive discussion within thirty (30) days of the dispute being notified in writing.

If the dispute is not resolved through executive discussion, either party may refer the dispute to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA).

If mediation fails, the dispute shall be finally settled by arbitration in accordance with the rules of AFSA, or by a court of competent jurisdiction where the parties agree in writing.

We may amend these Terms from time to time. The current version, together with its effective date, will always be published on the Website. Continued use of the Website after any amendment constitutes acceptance of the amended Terms.

For any queries relating to these Terms, please contact:

• ·Pinnacle Strategy Partners (Pty) Ltd
• ·Email: admin@pinnaclestrategypartners.co.za
• ·Telephone: +27782206680
• ·Johannesburg Office: 533 Long Avenue, Ferndale, Randburg, 2194, South Africa
• ·Cape Town Office: 18 William St, Woodstock, Cape Town, 7915, South Africa