Terms

1. Introduction

Welcome to FGL Solutions.

These Terms & Conditions ("Terms") govern your use of the FGL Solutions website and, where applicable, your engagement with our business, consulting, digital, website, artificial intelligence, automation and related services.

By accessing or using this website, submitting an enquiry, requesting a quotation, or engaging FGL Solutions to provide services, you agree to these Terms to the extent applicable.

Where FGL Solutions and a client enter into a separate written proposal, quotation, service agreement, statement of work or other contract, that agreement will apply to the relevant services. If there is a conflict between these general Terms and a specifically agreed written contract, the specifically agreed contract will take precedence in relation to that engagement.

2. About FGL Solutions

FGL Solutions provides services that may include:

• Business strategy and consulting
• Business systems and process improvement
• Artificial intelligence consulting
• AI integration and implementation
• Business process automation
• Workflow development and automation
• Website design and development
• Digital strategy
• Marketing and communication support
• Brand and business development
• Technology implementation
• Digital troubleshooting and support
• Social media and digital platform assistance
• Other related professional services

The exact scope of any client engagement will be determined by the quotation, proposal, agreement or other written communication applicable to that project.

3. Website Information

The information contained on this website is provided for general informational and marketing purposes.

While FGL Solutions makes reasonable efforts to ensure that website information is accurate and current, we do not guarantee that all information will at all times be complete, accurate, error-free or up to date.

Nothing on this website constitutes legal, financial, tax, accounting or other regulated professional advice unless expressly stated otherwise.

You should obtain appropriate professional advice where your circumstances require it.

4. No Guarantee of Business Results

FGL Solutions provides strategic advice, systems, technology, implementation, marketing, digital and related services intended to assist clients in improving their businesses.

However, business outcomes depend on numerous factors outside our control.

We therefore do not guarantee:

• Increased revenue
• Increased profitability
• Specific sales results
• Specific numbers of leads or customers
• Search engine rankings
• Social media growth
• Advertising performance
• Business growth
• Cost reductions
• Specific productivity improvements
• Funding or investment outcomes
• Successful implementation of recommendations by third parties
• Any specific commercial or financial result

Examples, forecasts, projections, estimates, case studies and anticipated outcomes are illustrative and should not be interpreted as guarantees.

Clients remain responsible for their own business decisions and implementation choices.

5. Artificial Intelligence

FGL Solutions uses and provides services involving artificial intelligence ("AI"), automation, machine learning and related technologies.

AI may be used in areas including:

• Research
• Business analysis
• Content development
• Coding
• Website development
• Automation
• Data organisation
• Process optimisation
• Marketing
• Documentation
• Customer communications
• Workflow development
• AI-powered business solutions

Clients acknowledge that AI technologies are evolving rapidly and may occasionally produce incorrect, incomplete, outdated, misleading or unexpected outputs.

6. AI-Generated Outputs

AI-generated or AI-assisted material should not automatically be regarded as independently verified fact.

Where AI is used as part of an FGL Solutions service, we may apply human review and professional judgement where reasonably appropriate.

However, clients remain responsible for reviewing and approving material before relying upon it for significant business, legal, financial, regulatory, employment, medical, safety or other consequential decisions.

FGL Solutions does not warrant that AI-generated outputs will always be accurate, complete, unique, error-free or suitable for every intended purpose.

7. AI and Third-Party Platforms

AI and automation solutions may rely on third-party platforms, APIs, software, cloud infrastructure or services.

These third parties may:

• Change their services
• Change their pricing
• Change their APIs
• Change usage limits
• Modify functionality
• Introduce new restrictions
• Discontinue products or features
• Experience downtime or technical failures
• Change their terms or privacy policies

FGL Solutions does not control these third parties and cannot guarantee their continued availability, pricing, performance or functionality.

Where a solution relies upon a third-party platform, the client accepts the operational risks associated with that dependency.

8. Client Data and AI Systems

Clients must not knowingly provide FGL Solutions with personal, confidential, restricted or sensitive information for use in an AI system unless they have the lawful authority to do so.

Where client information is processed using AI or automation technologies, FGL Solutions will take reasonable measures appropriate to the nature of the engagement and applicable privacy requirements.

The client remains responsible for ensuring that information supplied to FGL Solutions has been collected and may be processed lawfully.

Further information regarding our handling of personal information is contained in our Privacy Policy.

9. Human Oversight

FGL Solutions believes AI should generally support rather than blindly replace human judgement.

Where reasonably appropriate, AI-assisted work may therefore be subject to human review.

However, the appropriate level of human oversight will depend on the nature, scope, risk and commercial requirements of the particular project.

Clients should not assume that every automated action or AI output has been individually reviewed unless this forms part of the agreed service.

10. Client Responsibilities

Clients are responsible for providing FGL Solutions with accurate, complete and timely information required to perform the agreed services.

Clients may also be responsible for providing:

• Website content
• Images and branding material
• Product information
• Login or platform access where necessary
• Technical information
• Business information
• Approvals and feedback
• Legal or compliance information relevant to their industry
• Other information reasonably required for the project

FGL Solutions will not be responsible for delays or errors caused by incomplete, inaccurate or late information supplied by the client.

11. Client Approvals

Where a project requires client approval, the client is responsible for reviewing the relevant work before approval.

This may include:

• Website designs
• Website content
• Marketing material
• AI workflows
• Automations
• Emails
• Business processes
• Software functionality
• Advertising content
• Documents
• Integrations

Approval may be provided electronically, including by email or messaging platforms.

Once work has been approved and implemented, additional changes may constitute additional work and may be separately charged.

12. Website Development

Where FGL Solutions provides website design or development services, the scope will be determined by the relevant quotation, proposal or agreement.

Unless specifically included, website services do not automatically include unlimited:

• Revisions
• Content creation
• Photography
• Graphic design
• Hosting
• Domain registration
• Search engine optimisation
• Advertising
• Maintenance
• Software updates
• Security monitoring
• Ongoing support

Additional services may be quoted separately.

13. Browser, Device and Third-Party Compatibility

We make reasonable efforts to develop websites and digital systems using appropriate modern standards.

However, we cannot guarantee identical appearance or functionality across every:

• Browser
• Device
• Operating system
• Screen size
• Third-party application
• Future software version

Technology changes continuously, and future changes by browser developers, software providers or third-party platforms may affect functionality.

14. Search Engine Optimisation

Where FGL Solutions provides search engine optimisation or related services, we do not guarantee specific rankings or positions on Google, Bing or other search engines.

Search engines control their own algorithms and may modify them at any time.

SEO services are intended to improve a website's technical structure, content, relevance and visibility but cannot guarantee a particular ranking or amount of traffic.

15. Social Media and Third-Party Accounts

Where FGL Solutions assists with social media, advertising, account recovery or third-party platforms, the relevant platform remains independently controlled by its owner.

FGL Solutions cannot guarantee:

• Account recovery
• Account verification
• Removal of restrictions
• Restoration of suspended accounts
• Advertising approval
• Specific reach or engagement
• Continued access to platform features

Decisions made by third-party platforms are outside the control of FGL Solutions.

16. Intellectual Property

Unless otherwise agreed in writing, FGL Solutions retains ownership of its pre-existing intellectual property, including:

• Business methodologies
• Processes
• Systems
• Frameworks
• Templates
• Know-how
• Automation methods
• Code libraries
• Reusable components
• AI workflows
• Prompt structures
• Internal tools
• Development techniques
• Strategic methodologies

Client-specific deliverables will be dealt with according to the applicable proposal, quotation or agreement.

Payment for a project does not automatically transfer ownership of FGL Solutions' pre-existing intellectual property, methodologies or reusable systems.

17. Client-Owned Material

Clients retain ownership of material they lawfully own and provide to FGL Solutions, including their:

• Logos
• Trademarks
• Photographs
• Original content
• Business information
• Proprietary data

By supplying material to FGL Solutions, the client grants us permission to use that material to the extent reasonably necessary to provide the agreed services.

18. Rights to Client-Supplied Content

Clients are responsible for ensuring that they have appropriate rights or permissions to use any content supplied to FGL Solutions.

This includes:

• Photographs
• Video
• Music
• Fonts
• Logos
• Written content
• Software
• Data
• Trademarks
• Other copyrighted or protected material

FGL Solutions will not be responsible for claims arising from material supplied or specifically instructed for use by a client where the client did not possess the necessary rights or permissions.

19. AI and Intellectual Property

The legal and commercial environment surrounding AI-generated content continues to develop.

FGL Solutions cannot guarantee that every AI-generated output will qualify for intellectual property protection or that an AI-generated output will be completely unique.

Where commercially important intellectual property is being developed, clients should consider obtaining specialist legal advice regarding ownership, registration and protection.

20. Third-Party Software and Licences

Projects may use third-party software, plugins, APIs, fonts, libraries, stock media, AI systems or other licensed resources.

Those resources remain subject to their respective owners' terms and licence conditions.

Any ongoing subscription, licensing or usage charges associated with third-party services are the client's responsibility unless expressly included in the FGL Solutions agreement.

21. Fees and Payment

Fees for professional services will be specified in the applicable quotation, proposal, invoice, service agreement or other written communication.

Payment terms may vary depending on the project.

FGL Solutions may require:

• Deposits
• Upfront payments
• Milestone payments
• Monthly retainers
• Recurring service fees
• Final payment before delivery or transfer

Where applicable, work may be suspended if payments become overdue.

Any payment arrangement specifically agreed with a client will take precedence over this general provision.

22. Additional Work

Work requested outside the originally agreed scope may be treated as additional work.

Where reasonably possible, FGL Solutions will advise the client if a request materially exceeds the agreed scope.

Additional work may be quoted or billed separately.

23. Project Timelines

Any project timeline or completion date is an estimate unless expressly guaranteed in writing.

Timelines may be affected by:

• Client delays
• Delayed approvals
• Changes in scope
• Third-party providers
• Technical problems
• Platform outages
• API changes
• Unforeseen complexity
• Events outside our reasonable control

FGL Solutions will make reasonable efforts to meet agreed timelines but is not responsible for delays outside its reasonable control.

24. Suspension or Termination of Services

FGL Solutions may suspend or terminate services where reasonably necessary, including where:

• Payments are materially overdue
• A client breaches an agreement
• A client requests unlawful or unethical activity
• Continuing the engagement creates an unreasonable legal, security or reputational risk
• A third-party platform makes continued delivery impossible
• The client repeatedly fails to provide information or approvals necessary to continue the work

Any fees already earned or costs incurred remain payable.

25. Confidentiality

FGL Solutions recognises that clients may provide confidential business, commercial, technical or strategic information.

We will take reasonable steps to maintain the confidentiality of such information and use it for purposes connected with providing our services.

Where appropriate, additional confidentiality arrangements or non-disclosure agreements may be entered into.

26. Security

FGL Solutions takes reasonable measures to protect systems and information under our control.

However, no website, cloud service, email system, AI platform, software environment or internet-connected system can be guaranteed to be completely secure.

Clients are responsible for maintaining appropriate security over their own accounts, passwords, devices and systems.

27. Backups

Unless backup services are specifically included in an agreement, clients remain responsible for maintaining appropriate backups of important data, websites, documents and systems.

FGL Solutions is not responsible for data loss arising from a client's failure to maintain appropriate backups where backup services were not part of our agreed responsibilities.

28. Limitation of Liability

To the maximum extent permitted by applicable law, FGL Solutions will not be liable for indirect, incidental, special or consequential losses arising from the use of this website or our services.

This may include loss of:

• Profits
• Revenue
• Business opportunities
• Data
• Customers
• Reputation
• Anticipated savings

Where FGL Solutions is found legally liable in connection with a particular paid service, our liability will, to the extent permitted by law, be limited to the amount paid to FGL Solutions for the specific service giving rise to the claim.

Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation is prohibited by applicable South African law.

29. Indemnity

To the extent permitted by law, clients agree to indemnify FGL Solutions against third-party claims arising directly from:

• Unlawful material supplied by the client
• Intellectual property infringement arising from client-supplied material
• Unlawful instructions given by the client
• The client's misuse of a system or deliverable
• The client's breach of applicable law
• Processing of information supplied by the client without the necessary authority

This provision does not apply to the extent that a claim results directly from unlawful conduct by FGL Solutions.

30. Consumer Protection

Nothing in these Terms is intended to remove or restrict any right that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 or other applicable South African legislation.

Where mandatory consumer protections apply, those protections will prevail over any conflicting provision of these Terms.

31. Privacy and POPIA

FGL Solutions processes personal information in accordance with its Privacy Policy and applicable South African privacy legislation, including the Protection of Personal Information Act 4 of 2013 ("POPIA").

Our Privacy Policy forms an important part of the terms governing your interaction with FGL Solutions.

32. External Links

Our website may contain links to external websites or services.

These links are provided for convenience or informational purposes.

FGL Solutions does not control external websites and is not responsible for their availability, content, security or privacy practices.

33. Website Availability

We aim to keep our website available and functioning correctly but do not guarantee uninterrupted access.

The website may occasionally be unavailable because of maintenance, hosting issues, security incidents, internet problems or circumstances outside our control.

34. Prohibited Use

You may not use this website or FGL Solutions services for unlawful, fraudulent, abusive or malicious purposes.

You may not attempt to:

• Gain unauthorised access to our systems
• Introduce malicious software
• Interfere with website operation
• Copy protected material unlawfully
• Misrepresent your identity
• Use our services to facilitate unlawful activity

35. Force Majeure

FGL Solutions will not be responsible for failure or delay caused by circumstances beyond our reasonable control.

These may include natural disasters, power failures, internet outages, cyber incidents, government action, civil disruption, labour disputes, third-party service failures, cloud outages or other unforeseen events.

36. Changes to These Terms

FGL Solutions may update these Terms from time to time to reflect changes in our services, technology, business practices or applicable law.

The latest version will be published on our website together with an updated effective date.

Changes will not retrospectively alter specifically agreed contractual rights unless permitted by law or agreed between the parties.

37. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

38. No Waiver

Failure by FGL Solutions to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

39. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

Any dispute arising from the use of this website or FGL Solutions services will be dealt with in accordance with applicable South African law.

40. Contact

Questions regarding these Terms & Conditions may be directed to:

FGL Solutions
Website: fglsolutions.co.za
Email: info@fglsolutions.co.za