Terms & Conditions
These Terms & Conditions ("Terms") govern access to and use of the website operated by HIMARK (Pty) Ltd at himark.co.za, the Atlas assistant, and the conditions on which HIMARK may consider applications for engagement. By accessing the website, submitting an Application for Engagement, or otherwise interacting with HIMARK, you agree to be bound by these Terms.
These Terms do not constitute, and are not intended to constitute, a binding offer to provide professional services. Any actual engagement between HIMARK and a client is governed by a separate written engagement letter executed by both parties.
HIMARK accepts a deliberately limited number of Mandates each quarter. Submission of an Application for Engagement does not constitute admission and creates no obligation on the part of HIMARK to extend an engagement letter.
HIMARK reserves the right, in its sole discretion, to decline any Application without providing reasons. Decisions are typically communicated within five (5) working days of submission, regardless of outcome.
Where an Application is accepted, the engagement is governed by a separate Engagement Letter setting out the agreed scope, fees, deliverables, timelines, and operational protocols. Until such Engagement Letter is signed by both parties, no professional services obligation exists between HIMARK and the Applicant.
HIMARK provides strategic growth advisory services through three primary engagement tiers:
HIMARK additionally offers AIRaaS — an AI Receptionist as a Service product — under separate commercial terms.
HIMARK is not a licensed legal practitioner, financial services provider, accountant, or auditor. Recommendations and analyses produced during an engagement are strategic and commercial in nature, and do not constitute legal, tax, financial, or regulatory advice. Clients are responsible for obtaining independent professional advice in those domains.
Fees for engagements are set out in the applicable Engagement Letter. Unless otherwise agreed in writing, fees are quoted in South African Rand and exclusive of value-added tax (VAT) and reasonable disbursements. VAT is added at the prevailing statutory rate where applicable.
Standard payment terms are thirty (30) days from the date of invoice. Overdue amounts may attract interest at the prevailing prime lending rate of the Standard Bank of South Africa plus two percentage points (prime + 2%), calculated daily and compounded monthly.
HIMARK reserves the right to suspend the delivery of services where invoices remain unpaid beyond sixty (60) days from invoice date, without prejudice to its other rights under the Engagement Letter and these Terms.
Each party undertakes to keep confidential all non-public information, materials, and data acquired from the other party in the course of an engagement or through the application process, including business strategy, financial information, client lists, technical infrastructure, and personnel information.
HIMARK's confidentiality obligations survive the termination of any engagement. Confidential information may only be disclosed to the extent compelled by legal process, with reasonable advance notice provided to the disclosing party where lawful to do so.
Notwithstanding the foregoing, HIMARK may disclose the existence of a client relationship and use the client's name and logo for case-study and marketing purposes only with the client's prior written consent.
HIMARK Background IP. HIMARK retains all rights, title, and interest in its proprietary methodologies, frameworks, software, including the Atlas assistant, the LeadSense qualification framework, the AIRaaS product line, and any pre-existing intellectual property used in the delivery of services. Nothing in an Engagement Letter transfers ownership of this Background IP to a Client.
Client Materials. The Client retains all rights, title, and interest in materials, data, and information provided to HIMARK during an engagement.
Deliverables. Subject to full payment of the agreed fees, HIMARK grants the Client a perpetual, royalty-free, non-exclusive licence to use, internally and for its commercial purposes, the specific deliverables produced for the Client during the engagement. This licence does not extend to HIMARK Background IP.
The HIMARK name, mark, wordmark, and brand identity are the exclusive property of HIMARK and may not be used without prior written authorisation.
HIMARK warrants that services will be performed with the due skill, care, and diligence reasonably expected of a professional strategic consultancy operating in the South African market.
HIMARK makes no warranty, express or implied, that any specific commercial outcome, revenue target, market position, or financial result will be achieved as a consequence of an engagement. Strategic advice is inherently dependent on Client execution, market conditions, and factors outside HIMARK's control.
To the maximum extent permitted by South African law, HIMARK's aggregate liability arising out of or in connection with any engagement shall not exceed the total fees actually paid by the Client to HIMARK in the twelve (12) months preceding the event giving rise to the claim. HIMARK is not liable for any indirect, consequential, or special damages, loss of profit, loss of revenue, or loss of opportunity.
Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded under South African law, including liability for fraud or wilful misconduct.
Each engagement runs for the term specified in the Engagement Letter. Either party may terminate an engagement on thirty (30) calendar days written notice, unless a different notice period is specified in the Engagement Letter.
Either party may terminate an engagement immediately on written notice if the other party commits a material breach of these Terms or the Engagement Letter and fails to cure such breach within fourteen (14) calendar days of receiving written notice of the breach.
On termination of an engagement, the Client remains liable for fees and reasonable disbursements incurred up to the effective date of termination. Provisions of these Terms that by their nature are intended to survive termination shall do so.
The HIMARK website and Atlas assistant are provided on an "as-is" basis. HIMARK makes no warranty as to uninterrupted availability, freedom from defects, or fitness for any specific purpose.
You agree not to:
HIMARK reserves the right to suspend or revoke access for any user found to be in breach of these provisions.
These Terms, the Engagement Letter, and any matter arising out of or in connection with them are governed by, and shall be construed in accordance with, the laws of the Republic of South Africa.
The parties submit to the exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg, in respect of any disputes arising out of or in connection with these Terms, save that HIMARK retains the right to institute proceedings in any other court of competent jurisdiction for the recovery of monies owing.
The parties shall use reasonable endeavours to resolve disputes through good-faith negotiation before initiating formal legal proceedings.
Entire Agreement. These Terms, together with the applicable Engagement Letter and the Privacy Notice, constitute the entire agreement between the parties with respect to its subject matter and supersede any prior representations or understandings.
Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions shall continue in full force and effect.
Waiver. No failure or delay by HIMARK in exercising any right under these Terms operates as a waiver of that right.
Amendment. HIMARK may update these Terms from time to time. Material changes will be communicated to active Clients in writing. The current effective version is recorded at the head of this document.
Notices. Formal notices to HIMARK should be addressed in writing to the registered office in Randburg, Gauteng, with a copy by email to info@himark.co.za.
Ask about engagement or how to apply.