Terms of Service

1. Agreement to Terms

By accessing our website or using any of our services, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. These Terms constitute a legally binding agreement between you ("you" or "User") and BlueBloom Digital ("we", "our", or "us"), a company operating under the laws of South Africa.

If you do not agree with any part of these Terms, you may not access our website or use our services. Your continued use of our services following any changes to these Terms constitutes your acceptance of those changes.

These Terms are governed by South African consumer protection legislation, including the Consumer Protection Act 68 of 2008 (CPA) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA), where applicable.

2. Description of Services

BlueBloom Digital provides digital services and solutions to individuals and businesses in South Africa and beyond. The specific nature of services provided to you will be agreed upon in a separate service agreement, proposal, or order form.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to you. Where a service is discontinued mid-contract, we will provide a pro-rata refund for any prepaid amounts.

3. Eligibility

By agreeing to these Terms, you confirm that:

• You are at least 18 years of age, or the age of majority in your jurisdiction;
• You have the legal capacity to enter into a binding agreement;
• If acting on behalf of a business or organisation, you have the authority to bind that entity to these Terms;
• Your use of our services complies with all applicable South African laws and regulations.

4. Intellectual Property

All content, features, and functionality on our website and within our services — including but not limited to text, graphics, logos, images, software, and documentation — are the exclusive property of BlueBloom Digital or our licensors and are protected by South African and international copyright, trademark, and intellectual property laws.

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any of our intellectual property without our prior written consent.

Where we create custom work or deliverables for you under a separate agreement, ownership of that work will be as specified in that agreement. In the absence of any such agreement, all intellectual property in deliverables remains with BlueBloom Digital until full payment has been received.

5. User Responsibilities and Acceptable Use

You agree to use our website and services only for lawful purposes and in a manner that does not infringe the rights of others. You must not:

• Violate any applicable South African or international law or regulation;
• Attempt to gain unauthorised access to our systems, servers, or data;
• Transmit any harmful, offensive, fraudulent, or misleading content;
• Use our services to send unsolicited communications (spam) in contravention of the Electronic Communications and Transactions Act;
• Reverse engineer, decompile, or attempt to extract source code from our software or services;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Use any automated tools, bots, or scrapers on our website without our prior written consent.

We reserve the right to suspend or terminate your access if we reasonably believe you have breached these responsibilities.

6. Payment Terms

Where our services are provided on a paid basis, the following terms apply:

• All fees are quoted in South African Rand (ZAR) unless otherwise stated, and are exclusive of VAT where applicable;
• Payment terms will be specified in your service agreement or invoice. Standard payment terms are 30 days from invoice date unless otherwise agreed;
• Overdue amounts may attract interest at the rate prescribed under the National Credit Act or as agreed between the parties;
• We reserve the right to suspend services for accounts that are materially overdue, with reasonable notice;
• Refunds are considered on a case-by-case basis in line with the Consumer Protection Act where applicable.

7. Confidentiality

Where either party discloses confidential information (including business plans, pricing, technical information, or client data) in connection with our services, the receiving party agrees to:

• Keep such information strictly confidential;
• Use it only for the purpose for which it was disclosed;
• Not disclose it to any third party without prior written consent, except as required by law.

This obligation survives the termination of our relationship for a period of 2 (two) years.

8. Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. To the extent permitted by South African law, we make no warranties, express or implied, regarding:

• The uninterrupted or error-free availability of our services;
• The accuracy, completeness, or fitness for a particular purpose of any content or output;
• That our services will meet your specific requirements.

Nothing in these Terms is intended to limit or exclude any rights you may have under the Consumer Protection Act 68 of 2008, which provides certain guarantees that cannot be contracted out of.

9. Limitation of Liability

To the maximum extent permitted by South African law, BlueBloom Digital and its directors, employees, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities arising from your use of, or inability to use, our services.

Our total aggregate liability to you for any direct damages arising under or in connection with these Terms shall not exceed the total fees paid by you to BlueBloom Digital in the 3 (three) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any liability that cannot lawfully be excluded under South African law, including under the Consumer Protection Act.

10. Dispute Resolution

We value our relationships and will always try to resolve disputes amicably. If a dispute arises between us:

• Either party may notify the other in writing, setting out the nature of the dispute;
• The parties shall attempt to resolve the dispute by good-faith negotiation within 20 (twenty) business days of such notice;
• If unresolved, either party may refer the dispute to mediation before a mutually agreed mediator;
• If mediation fails, the dispute shall be referred to the jurisdiction of the South African courts as set out in clause 11 below.

Consumers may also refer disputes to the relevant ombud or the National Consumer Commission under the Consumer Protection Act.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the South African courts, specifically the courts having jurisdiction in the Western Cape.

You consent to the jurisdiction of these courts and waive any objection to proceedings in these courts on the grounds of venue or inconvenient forum.

12. Termination

Either party may terminate the use of our services:

• By providing written notice as specified in the applicable service agreement; or
• Immediately, where the other party commits a material breach of these Terms that is not remedied within 10 (ten) business days of written notice of such breach.

Upon termination, your right to use our services ceases immediately. Any provisions of these Terms that by their nature should survive termination (including intellectual property, confidentiality, and limitation of liability clauses) shall continue to apply.

13. Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this document;
• Provide at least 30 (thirty) days’ written notice before new Terms take effect, where reasonably practicable;
• Notify you via email or a prominent notice on our website.

Your continued use of our services after the effective date of the updated Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using our services before the effective date.

14. General Provisions

Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms without affecting the validity and enforceability of the remaining provisions.

Entire Agreement: These Terms, together with our Privacy Policy and any applicable service agreement, constitute the entire agreement between you and BlueBloom Digital regarding your use of our services.

No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Cession: You may not cede or assign your rights or obligations under these Terms without our prior written consent. We may cede our rights to a third party with reasonable notice to you.

15. Contact Us

If you have any questions about these Terms of Service, please contact us: