Acceptance of Terms
By accessing the Zyma Systems website at zyma.co.za or engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.
These Terms constitute a legally binding agreement between you ("Client" or "you") and Zyma Systems (Pty) Ltd ("Zyma", "we", "us"). These Terms apply to all visitors, clients, and others who access or use our services.
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Specific project engagements will be governed by a separate Service Agreement or Statement of Work (SOW), which will take precedence over these general Terms where there is a conflict.
Our Services
Zyma Systems provides bespoke automation software, workflow engineering, internal systems development, and system integration services to businesses. Our offerings include but are not limited to:
- Custom software development tailored to client operational requirements
- Workflow automation and robotic process automation (RPA) solutions
- Internal tooling, dashboards, and management systems
- Legacy system migration and cloud architecture
- System integration across disparate platforms and APIs
- Ongoing maintenance, monitoring, and support contracts
All services are subject to a formal project scoping process and written agreement prior to commencement.
Eligibility
Our services are intended for businesses and professionals. By engaging with Zyma Systems, you represent that:
- You are at least 18 years of age
- You have the legal authority to enter into agreements on behalf of your organisation
- Your use of our services does not violate any applicable laws or regulations
- The information you provide to us is accurate and complete
Client Obligations
To enable us to deliver our services effectively, you agree to:
- Provide accurate, complete, and timely information required for project delivery
- Grant Zyma Systems necessary access to systems, data, and personnel as agreed
- Review and provide feedback on deliverables within agreed timelines
- Ensure that any data shared with us for integration or processing complies with applicable data protection laws
- Not use our services for any unlawful, harmful, or fraudulent purpose
- Maintain the confidentiality of any credentials or access provided during the engagement
Intellectual Property
Unless explicitly stated otherwise in a written Service Agreement:
- Client-Owned Deliverables: Upon full payment, custom software, systems, and deliverables created specifically for the client become the property of the client.
- Zyma IP: All underlying frameworks, methodologies, tooling, libraries, and proprietary logic developed by Zyma Systems remain the exclusive intellectual property of Zyma Systems.
- Website Content: All content on zyma.co.za — including text, design, graphics, and code — is owned by Zyma Systems and may not be reproduced without written permission.
Zyma Systems reserves the right to reference completed projects in our portfolio and marketing materials unless the client requests confidentiality in writing.
Payment Terms
Payment terms for all engagements are defined in the applicable Service Agreement or Statement of Work. General terms include:
- Invoices are issued in South African Rand (ZAR) unless otherwise agreed
- Payment is due within 30 days of invoice date unless otherwise specified
- A deposit may be required prior to commencement of work
- Late payments may attract interest at the prime lending rate plus 2% per annum
- Zyma Systems reserves the right to suspend services for accounts overdue by more than 14 days
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Disputed invoices must be raised in writing within 7 days of receipt. Failure to raise a dispute within this period constitutes acceptance of the invoice.
Confidentiality
Both parties agree to keep confidential all non-public information received from the other party in connection with the services ("Confidential Information"). This obligation:
- Applies during the term of the engagement and for 3 years thereafter
- Does not apply to information that is publicly available, independently developed, or required to be disclosed by law
- May be supplemented by a separate Non-Disclosure Agreement (NDA) if required by either party
Limitation of Liability
To the maximum extent permitted by South African law:
- Zyma Systems' total liability for any claim arising from our services shall not exceed the total fees paid by the client in the 3 months preceding the claim
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- We do not warrant that our services will be uninterrupted, error-free, or meet all client requirements not expressly agreed in writing
Nothing in these Terms excludes liability for fraud, gross negligence, or any liability that cannot be excluded by law.
Termination
Either party may terminate a service engagement as follows:
- For Convenience: Either party may terminate with 30 days written notice, subject to payment for all work completed to date
- For Cause: Either party may terminate immediately if the other party materially breaches these Terms or a Service Agreement and fails to remedy the breach within 14 days of written notice
- Effect of Termination: Upon termination, all outstanding payments become immediately due. Each party must return or destroy the other's Confidential Information
Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms or the use of our services shall be subject to the exclusive jurisdiction of the courts of South Africa.
Parties agree to attempt to resolve disputes amicably through good-faith negotiation before initiating formal legal proceedings.