TERMS. USE. POLICIES.

Introduction

Welcome to Shawn Inc.

These Terms of Service, Website Use and Cancellation & Refund Policy ("Terms") govern the use of our website, the purchase of our products, and the provision of professional services by Shawn Inc, a brand operated by Adversa Holdings (PTY) LTD (Registration Number: 2024/477200/07), hereinafter referred to as "Shawn Inc", "we", "us", or "our".

By accessing our website, requesting our services, accepting a quotation, paying an invoice, or entering into a service agreement with us, you agree to these Terms, subject to any rights that cannot lawfully be excluded.

Our aim is to maintain transparent, fair, and professional working relationships with our clients.

Services Covered

These Terms apply to services and products offered by Shawn Inc, including but not limited to:

• Website design and development
• E-commerce website development
• Website redesigns and improvements
• Landing page design and development
• Search engine optimisation (SEO)
• Google Ads and Meta Ads management
• Lead generation and marketing funnels
• Social media management
• Content creation and copywriting
• Photography and videography
• Website maintenance and technical support
• CRM integrations and marketing automation
• Digital products, templates, guides, and eBooks
• Consulting, strategy, and other digital marketing services

The specific deliverables, prices, timelines, and service inclusions are determined by the quotation, proposal, package description, or service agreement accepted by the client.

Project Acceptance and Commencement

A project is considered confirmed once the client has accepted the applicable quotation or proposal and paid the required deposit or upfront fee.

Unless otherwise specified:

• A 50% deposit is required before project commencement.
• The remaining 50% is payable at the agreed final payment milestone, ordinarily before website publication, final delivery, or handover.
• Projects requiring full upfront payment must be paid in full before work commences.
• Work may be scheduled following payment confirmation and receipt of the necessary client information.

Payment alone does not guarantee immediate project commencement. Scheduling, onboarding requirements, and agreed project timelines will apply.

Shawn Inc will communicate project requirements and make reasonable efforts to meet agreed delivery dates.

Deposits and Advance Payments

Deposits secure project capacity and contribute toward the resources and work required to complete a project.

4.1 Refunds Before Work Commences

Under our standard commercial cancellation policy, a client may request a full deposit refund where:

• No substantive work has commenced on the project.
• No project-specific, non-recoverable third-party costs have been incurred.
• No services chargeable under the accepted agreement have been performed.

Requests will be assessed against the actual status of the project rather than assumptions about whether work has started.

Ordinary sales discussions, quotation preparation, and routine administrative actions that were not agreed as chargeable services will not, by themselves, be treated as substantive project work.

4.2 Deposits After Work Commences

Once substantive work has commenced, the deposit is applied toward work performed, resources committed, and costs incurred.

In these circumstances, the deposit is not automatically refundable under our standard voluntary cancellation policy.

Where cancellation occurs after commencement, Shawn Inc may retain a fair and reasonable amount attributable to work performed, non-recoverable commitments, and any lawful cancellation charge.

Any remaining amount legally due to the client will be refunded.

This provision does not exclude statutory cooling-off rights, cancellation rights, or remedies for defective or unperformed services.

4.3 What Constitutes Work Commencement?

Project work may include:

• Project-specific research and planning
• Website architecture, wireframes, and user experience planning
• Design concepts, graphics, and visual assets
• Copywriting and content development
• Website installation, configuration, and development
• Theme customisation and programming
• Marketing strategy and campaign preparation
• Advertising account configuration
• Technical integrations and automation development
• Project-specific strategy sessions and consulting included in the paid scope
• Production planning, scripting, and editing
• Work performed by contractors or third parties on our behalf

Work commencement does not require a completed website, published campaign, or finished deliverable.

Shawn Inc will maintain reasonable records of work performed to substantiate cancellation charges or refund decisions when necessary.

Project Cancellation by the Client

Clients may request cancellation by contacting Shawn Inc in writing.

Upon receipt of a cancellation request:

1. Shawn Inc will acknowledge the request.
2. Work will be stopped or brought to an appropriate stopping point, subject to existing obligations.
3. We will assess completed work, committed expenses, and outstanding amounts.
4. The client will receive confirmation of the cancellation and, where applicable, an itemised financial reconciliation.
5. Any refund legally due will be processed through an appropriate payment method.

Cancellation does not automatically extinguish amounts already owed for services performed or expenses properly incurred.

Where cancellation charges apply, they will be reasonable and consistent with applicable law.

Refund Eligibility and Exclusions

Refund requests are considered according to the circumstances of each transaction.

Refunds may be available where:

• A deposit was paid but no substantive work commenced and no applicable project-specific costs were incurred.
• Shawn Inc is unable to fulfil the agreed services and the client is entitled to reimbursement for the unperformed portion.
• A client has overpaid or been charged incorrectly.
• A client exercises a valid statutory cancellation or cooling-off right.
• A refund or price reduction is required because services were not performed to legally required standards.

Refunds will generally not be granted solely because:

• The client changes their mind after substantial project work has commenced.
• The client decides to use another service provider after work has started.
• The client changes business direction or abandons the project.
• The client no longer requires completed, conforming deliverables.
• The client is dissatisfied with commercial results that were not contractually guaranteed.

These exclusions apply only to the extent permitted by applicable law and do not remove a client's right to seek a remedy where Shawn Inc has failed to meet its obligations.

Refunds for Completed Work

Services that have been completed and delivered in accordance with the agreed scope are generally not eligible for refunds based solely on a change of mind.

If a completed service is defective or materially fails to meet the agreed specifications, clients may contact us to request an appropriate remedy.

Depending on the circumstances and applicable law, this may include correcting the issue, performing the affected service again, or providing a reasonable refund.

A client's statutory rights remain unaffected.

Project Timelines and Client Responsibilities

To ensure efficient delivery, clients are expected to:

• Supply accurate and complete project information.
• Provide the necessary branding, images, content, and login credentials.
• Respond to reasonable project-related requests.
• Review deliverables and provide consolidated feedback.
• Obtain necessary permissions for materials supplied to Shawn Inc.
• Make payments according to the agreed schedule.

Quoted delivery timelines depend on these responsibilities being fulfilled.

Delays arising from missing content, late feedback, unavailable third-party services, or requested scope changes may require the project timeline to be revised.

Shawn Inc will communicate material delays where reasonably practicable.

Project Inactivity and Pausing

Where a client has not supplied required materials or responded to project communications for 14 consecutive calendar days, Shawn Inc may place the project on hold after giving written notice.

For projects paused for more than 30 days:

• The original completion date may no longer apply.
• The project may need to be rescheduled according to current availability.
• Additional work or reactivation costs, if necessary, will be disclosed and agreed before being charged.
• Previously completed work and incurred expenses remain chargeable.

A paused project is not automatically considered cancelled.

Extended inactivity may result in a proposal to close or terminate the project, subject to written notification and any applicable legal requirements.

Revisions, Amendments and Scope Changes

All projects are delivered according to the agreed scope of work.

The number of included revision rounds, where applicable, will be specified in the relevant package, quotation, or agreement.

Revisions generally involve reasonable adjustments to existing work rather than the introduction of entirely new deliverables.

Examples of additional work may include:

• Adding new website pages or significant functionality
• Redesigning previously approved sections
• Changing the project direction after approval
• Adding integrations not included in the original scope
• Replacing large amounts of approved content
• Requesting additional video edits or creative variations outside the agreed scope

Additional work will be quoted or otherwise agreed upon before commencement.

No additional charges will be incurred without appropriate client authorisation.

Project Approval, Delivery and Handover

Clients will be given a reasonable opportunity to review deliverables and identify issues that fall within the agreed scope.

A project may be considered ready for final delivery when the agreed deliverables have been substantially completed and presented for review.

Outstanding final payments become due according to the milestone terms accepted by the client.

Unless agreed otherwise, final publication, transfer of deliverables, or ownership handover will take place once applicable outstanding payments have been settled.

This does not entitle Shawn Inc to withhold the client's own pre-existing materials or disregard any legal obligation to provide access or remedies.

Intellectual Property and Ownership

12.1 Client-Provided Materials

Clients retain ownership of logos, trademarks, photography, written content, and other intellectual property they lawfully own and provide to Shawn Inc.

Clients warrant that they have the necessary rights to authorise our use of such materials for the project.

12.2 Project Deliverables

Unless otherwise agreed in writing, ownership of original, transferable, final project deliverables specifically created for the client will transfer upon receipt of full payment, to the extent provided for in the applicable agreement.

12.3 Pre-Existing and Third-Party Materials

Shawn Inc retains ownership of its pre-existing tools, methodologies, reusable code, templates, processes, and other proprietary materials.

Third-party themes, plugins, fonts, stock assets, platforms, and licensed software remain subject to their respective licence conditions.

Purchasing a website does not automatically transfer ownership of third-party software or grant rights beyond the applicable licences.

12.4 Portfolio Usage

Shawn Inc may request permission to display completed work, publicly available website designs, and approved project results in its portfolio or marketing materials.

Confidential information, private client data, and unpublished proprietary materials will not be knowingly disclosed without appropriate authorisation.

Website Hosting, Maintenance and Third-Party Services

Hosting, domain registration, website maintenance, technical support, and third-party subscriptions are separate services unless expressly included in the purchased package.

Clients are responsible for fees associated with external platforms and subscriptions unless the agreement states otherwise.

Third-party expenses already incurred may be non-recoverable, depending on the provider's terms and applicable law.

Website maintenance packages are subject to the following principles:

• Included monthly support hours depend on the selected package.
• Unused monthly hours do not roll over into subsequent billing periods unless agreed otherwise.
• Structural changes, updates, and other work are covered only to the extent specified in the selected package.
• Work exceeding included hours requires additional approval and may be billed separately.
• Hosting, domains, and software renewals remain subject to their respective arrangements.

Cancellation of recurring services will be governed by the applicable agreement and any mandatory consumer cancellation rights.

Where section 14 of the Consumer Protection Act applies to a fixed-term agreement, the statutory notice, cancellation, and reasonable-charge provisions will be respected.

Advertising and Marketing Services

Advertising campaigns depend on factors beyond Shawn Inc's direct control, including platform algorithms, market conditions, customer behaviour, competition, budgets, pricing, and the client's sales operations.

Unless a specific outcome is expressly guaranteed in writing, Shawn Inc does not guarantee:

• A fixed number of leads or sales
• Particular advertising conversion rates
• A specific return on advertising spend
• Search engine rankings
• Business revenue or profitability
• Approval of advertising accounts or campaigns by third-party platforms

Our obligation is to perform the agreed services with reasonable care, skill, and professionalism.

Advertising expenditure paid to Meta, Google, or other third-party platforms is separate from agency management fees unless otherwise specified.

Amounts already spent by an advertising platform are generally not refundable through Shawn Inc. Any unspent advertising funds held by Shawn Inc will be reconciled and handled according to the agreement and applicable law.

Photography, Videography and Production

Photography and videography services may require scheduling, pre-production planning, equipment reservations, crew bookings, travel, and third-party resources.

Where a client cancels a confirmed production booking, reasonable cancellation charges may apply based on work performed, expenses incurred, notice given, and the circumstances of the cancellation.

Weather conditions, flight restrictions, safety considerations, or other factors affecting production may require rescheduling.

Shawn Inc will communicate material production constraints and endeavour to agree on a suitable alternative where practicable.

The client's applicable statutory cancellation and refund rights remain unaffected.

Digital Products, eBooks and Downloadable Materials

Digital products may include eBooks, templates, educational resources, checklists, guides, and downloadable files.

Digital products are provided for the uses expressly permitted by their applicable licences.

Unless otherwise specified, purchases are intended for the purchaser's own lawful personal or internal business use. Unauthorised redistribution, resale, sublicensing, or public reproduction is prohibited.

Following successful delivery or access, digital products are generally not eligible for discretionary change-of-mind refunds where such exclusions are permitted by law.

However, this does not exclude refunds or other remedies required by law, including where a product is defective, materially misrepresented, inaccessible due to our failure, or not delivered as agreed.

If a purchased digital product cannot be accessed, clients should contact Shawn Inc for assistance.

Educational materials provide information and practical guidance but do not guarantee specific commercial results.

Payment Terms and Outstanding Balances

Payments must be made according to the accepted quotation, invoice, or service agreement.

All prices will be stated in South African Rand (ZAR) unless otherwise indicated.

Applicable taxes, platform charges, subscriptions, and other fees will be disclosed as required before purchase or acceptance.

Where payments become overdue, Shawn Inc may issue reminders and, where legally and contractually permitted, suspend further work after providing reasonable notice.

Any collection costs or late-payment charges must be lawful and properly agreed where required.

We will not charge undisclosed fees or unilaterally introduce additional project expenses.

Cancellations by Shawn Inc

Shawn Inc may terminate or suspend a service agreement where legally permitted, including where the client materially breaches the agreement, refuses to meet essential project obligations, or uses our services for unlawful purposes.

Where legislation requires a notice and opportunity to remedy a breach, that process will be followed.

If Shawn Inc cancels a project for reasons attributable to our inability to deliver the agreed services, the client will receive an appropriate reconciliation and refund of amounts due for unperformed work, subject to applicable law.

Third-Party Platforms and Integrations

Our work may involve third-party services such as:

• WordPress and website plugins
• Shopify
• Meta and Google advertising platforms
• Payment gateways
• Hosting and domain providers
• Customer relationship management systems
• Analytics and automation platforms

These providers operate under their own terms and policies.

Shawn Inc does not control all aspects of their availability, pricing, functionality, approval processes, or service interruptions.

However, our use of third-party services does not remove any responsibility Shawn Inc has for services it has agreed to perform or for failures attributable to its own actions.

Website Terms of Use

Visitors may use the Shawn Inc website for lawful purposes, including learning about our services, requesting quotations, communicating with us, and purchasing available products.

Users must not:

• Attempt unauthorised access to our systems or accounts.
• Introduce malware or malicious code.
• Interfere with website functionality or security.
• Use the website to commit fraud.
• Copy or commercially exploit our proprietary website content without permission.
• Misrepresent their identity when submitting enquiries or completing transactions.
• Violate applicable laws or third-party rights.

We may take reasonable and lawful measures to protect our website and services against misuse.

Website Content and Accuracy

We endeavour to keep our website content, pricing, and service descriptions accurate and up to date.

Website information may be updated to reflect changes in services, packages, features, or availability.

Any material changes to an already accepted project will be discussed with the affected client rather than imposed through a subsequent website update.

Case studies, testimonials, financial examples, and advertising performance figures are illustrative of the specific circumstances in which they were achieved.

They do not constitute guarantees of future results.

Privacy and Personal Information

Shawn Inc is committed to handling personal information responsibly and in accordance with applicable South African data protection legislation, including the Protection of Personal Information Act (POPIA).

Personal information collected through enquiries, purchases, client onboarding, and service delivery will be processed for lawful and disclosed purposes.

Further information about the collection, use, retention, disclosure, and protection of personal information, together with applicable privacy rights, will be provided in our separate Privacy Policy.

Confidentiality

Shawn Inc will take reasonable steps to protect confidential business information disclosed by clients during a project.

Clients are likewise expected to respect confidential proposals, proprietary technical processes, account credentials, and non-public business information supplied by Shawn Inc.

Confidentiality obligations do not prevent disclosures required by law or the use of information already lawfully available to the public.

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

Limitation of Liability

To the extent permitted by law, Shawn Inc will not be responsible for indirect or consequential business losses that are not legally recoverable, including speculative profits or commercial outcomes outside the agreed service obligations.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability arising from gross negligence where an exclusion is prohibited, or a client's mandatory statutory rights.

Any contractual limitation of liability will be interpreted in accordance with applicable law.

Consumer Rights and Statutory Protection

These Terms are intended to operate consistently with applicable South African law, including the Consumer Protection Act and the Electronic Communications and Transactions Act.

Certain qualifying electronic transactions carry statutory cooling-off rights, including a seven-day cancellation period for qualifying service transactions. Applicable statutory exceptions may depend on the nature of the transaction and whether service delivery commenced with the consumer's consent.

Transactions resulting from direct marketing and applicable fixed-term consumer agreements may also be subject to additional statutory cancellation rights.

Where any provision of these Terms conflicts with mandatory consumer protection legislation, the applicable law will prevail.

Nothing in this policy prevents a client from exercising a lawful cancellation right or requesting a legally required remedy.

Requesting a Refund or Cancellation

To request cancellation or a refund, clients should contact Shawn Inc in writing using the contact details below.

Please include:

• Your full name or business name
• The project or service purchased
• Invoice or transaction reference
• Date of payment
• Reason for the request
• Relevant supporting information, where applicable

Shawn Inc aims to acknowledge requests within five business days and communicate the outcome as soon as reasonably practicable.

Approved refunds will ordinarily be initiated within 10 business days after determination, subject to any shorter or otherwise mandatory legal requirements.

Where a statutory deadline applies, refunds will be processed within that deadline. For example, qualifying cancellations under section 44 of the Electronic Communications and Transactions Act require refunds within 30 days of cancellation.

The time taken for a refund to reflect may also depend on the payment provider or banking institution.

Refunds will ordinarily be made to the original payment method where practicable and appropriate.

Complaints and Dispute Resolution

Clients are encouraged to raise concerns directly with Shawn Inc so that we can investigate and seek a fair resolution.

Both parties should act reasonably and in good faith when attempting to resolve a dispute.

Where a matter cannot be resolved directly, clients retain the right to approach an appropriate consumer protection authority, ombud, tribunal, or court with jurisdiction.

Nothing in these Terms prevents access to legally available dispute resolution procedures.

Governing Law

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

Any dispute arising from the use of the website or provision of services will be subject to applicable South African law and the jurisdiction of an appropriate court or statutory dispute resolution body.

Amendments to These Terms

Shawn Inc may update these Terms to reflect changes in services, operating procedures, or legal requirements.

Updated Terms will be published on our website with a revised effective date.

Material changes to an existing client agreement will not automatically apply retrospectively or override previously agreed contractual rights.

Business and Contact Information

Trading Name

Shawn Inc

Operating Legal Entity

Adversa Holdings (PTY) LTD

Company Registration

2024/477200/07

Country of Registration

South Africa

Telephone

+27 68 033 5031

Support Email

support@shawnpale.com

General Business Email

shawn@shawnpale.com

Website

shawnpale.com

Physical / Registered Business Address

16 Panfluit Drive
Eco Park East Estate
Centurion, Gauteng
0157
South Africa

Address for Service of Legal Documents

16 Panfluit Drive
Eco Park East Estate
Centurion, Gauteng
0157
South Africa

For enquiries concerning these Terms, cancellations, refunds, or service delivery, please contact us using the details above.