terms of service.

1. About Shyshark Digital

Shyshark Digital provides digital services to businesses, including website design and development, custom software solutions, automation and integrations, cloud and infrastructure services, domain registration and business email setup, e-commerce development, SEO and related optimisation services, email campaign management, and ongoing technical partnership and consulting.

The specific scope, deliverables, timelines and fees for any engagement are set out in the applicable quote, proposal or service agreement ("Engagement Terms") agreed with you. If there is a conflict between these Terms and any Engagement Terms, the Engagement Terms prevail for that engagement.

2. Our products and brands

Shyshark Digital operates a number of products and brands, including Shy Invoicing and other products we may launch from time to time (each a "Product").

These Terms apply as the base terms for every Product. Each Product may have its own supplementary terms, policies or notices that address matters specific to that Product (such as subscriptions, data handling or acceptable use). By using a Product you agree to both these Terms and that Product's supplementary terms. If there is a conflict, the Product's supplementary terms prevail for that Product only.

3. Acceptance and changes to these terms

By using our website, services or Products you confirm that you have read, understood and agree to these Terms and our Privacy Policy. If you are acting on behalf of a business, you confirm that you are authorised to bind that business.

We may update these Terms from time to time. The current version will always be published on our website with its effective date, and material changes will be highlighted on the website or communicated to active clients. Continued use of our services after changes take effect constitutes acceptance of the updated Terms. Previous versions are available on request.

4. Quotes, fees and payment

Fees for services are set out in the applicable quote or Engagement Terms. Unless stated otherwise, quotes are valid for 30 days, prices are quoted in South African Rand, and VAT is added where applicable.

Invoices are payable by the due date stated on the invoice. We may suspend work or services where invoices remain unpaid after the due date, and we may charge interest on overdue amounts at the maximum rate permitted by applicable law.

Fees for third-party services procured on your behalf (such as domains, hosting, licences and email services) are payable in addition to our fees and may change if the third-party provider changes its pricing.

5. Your responsibilities

When engaging with our services, you agree to:

• comply with all applicable laws and regulations;
• provide accurate, complete and current information, and timely access to content, materials, systems and approvals we reasonably need to deliver the work;
• ensure you own or have the necessary rights to all content and materials you supply to us;
• keep any account credentials secure and notify us promptly of any suspected unauthorised access; and
• refrain from unlawful, unauthorised or harmful activity, including hacking, spamming, phishing, distributing malware, or infringing the rights of others.

We may suspend or terminate access to our services or Products where we reasonably believe these Terms have been breached.

6. Intellectual property

All content on our website and in our Products, including text, designs, graphics, logos, code and documentation, is owned by or licensed to Shyshark Digital and is protected by intellectual property laws. You may not copy, reproduce, distribute or create derivative works from it without our prior written consent.

For client engagements: unless the Engagement Terms state otherwise, ownership of the final deliverables created specifically for you transfers to you on full payment of all amounts due for that engagement. We retain ownership of our pre-existing materials, tools, frameworks and know-how, and grant you a licence to use them as embedded in the deliverables. We may reference and display completed work in our portfolio unless agreed otherwise.

Third-party components (such as open-source software, fonts, stock assets and platform services) remain subject to their own licence terms.

7. Third-party services

Our services and Products may rely on third-party providers, such as hosting platforms, domain registrars, payment processors and email delivery services. Those providers have their own terms and privacy policies, and we are not responsible for their acts, omissions or service failures, although we will assist reasonably in resolving issues with providers we have procured on your behalf.

8. Service availability

We aim to keep our website, services and Products available and performing reliably. However, due to the nature of online and cloud-based services, we do not guarantee uninterrupted or error-free availability. We may perform maintenance, updates or changes and will use reasonable efforts to minimise disruption.

9. Warranties and disclaimers

Except as expressly stated in these Terms or in Engagement Terms, our website, services and Products are provided "as is" and "as available", and we disclaim all other warranties, whether express or implied, to the maximum extent permitted by law.

Nothing in these Terms limits or excludes any right or remedy you have under the Consumer Protection Act 68 of 2008 or other applicable law that cannot lawfully be limited or excluded.

10. Limitation of liability

To the maximum extent permitted by law, Shyshark Digital will not be liable for any indirect, incidental, special or consequential damages, or for loss of profits, revenue, data or goodwill, arising from or related to the use of our website, services or Products.

To the maximum extent permitted by law, our total aggregate liability arising from or related to any engagement is limited to the fees you paid to us for that engagement in the 12 months preceding the event giving rise to the claim.

11. Indemnity

You indemnify Shyshark Digital against claims, losses and expenses arising from content or materials you supply to us, your breach of these Terms, or your unlawful use of our services or Products.

12. Confidentiality

Each party will keep the other's confidential information confidential and use it only for the purposes of the engagement, except where disclosure is required by law. This obligation survives the end of any engagement.

13. Termination

Either party may terminate an engagement in accordance with its Engagement Terms. We may suspend or terminate access to our website or Products immediately where these Terms are materially breached. On termination, you remain liable for fees for work performed and committed third-party costs up to the date of termination.

14. Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including power or network failures, third-party platform outages, natural disasters or government action, provided the affected party notifies the other and takes reasonable steps to mitigate the impact.

15. Dispute resolution

We aim to resolve disputes amicably. If a dispute cannot be resolved through good-faith negotiation within a reasonable period, the parties will attempt mediation before pursuing arbitration or court proceedings, unless urgent relief is required. This clause does not prevent either party from approaching a court for interim relief.

16. Governing law

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law provisions, and the parties consent to the jurisdiction of the South African courts.

17. General

• If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force.
• These Terms, together with any Engagement Terms and applicable Product supplementary terms, constitute the entire agreement between you and Shyshark Digital regarding their subject matter.
• You may not assign your rights under these Terms without our written consent.
• A failure to enforce any provision is not a waiver of the right to enforce it later.

18. Contact

For any questions about these Terms, contact us at legal@shyshark.co.za or via the contact form on our website.