End-User License Agreement

1. About this Agreement and acceptance

1.1 This Agreement applies to two kinds of user: (a) staff users whom we invite to the Platform (for example administrators, operators, engineers and quality reviewers), and (b) clients and their representatives who access the Platform through a secure link we send, for example to complete an intake form, view a proposal, make a payment or download a report.

1.2 You accept this Agreement when you first accept an invitation, sign in, open a secure link, accept a proposal, or otherwise use the Platform. Each time you use the Platform, the version of this Agreement then published applies.

1.3 If you use the Platform on behalf of a business or other organisation, you confirm that you are authorised to accept this Agreement for that organisation, and "you" includes that organisation.

2. Definitions

2.1 "Client" means a person or organisation that engages Struct Assess for an assessment or opinion, or on whose behalf a matter is handled on the Platform.

2.2 "Client content" means any information, documents, photographs, measurements, drawings, proof of payment and other material that you upload to or submit through the Platform.

2.3 "Report" means a structural assessment report, expert opinion or similar deliverable prepared through the Platform.

2.4 "Secure link" means a time-limited, revocable link we send to a client or representative to access a specific function, such as an intake form, proposal, payment request, report download or proof-of-payment form.

2.5 "Staff user" means a person we invite to use the Platform to carry out Struct Assess work.

3. Who we are (provider details)

3.1 In line with section 43 of the Electronic Communications and Transactions Act 25 of 2002, our details are:

3.1.1 Full legal name: [LEGAL ENTITY NAME], trading as Struct Assess.

3.1.2 Registration number: [REGISTRATION NUMBER].

3.1.3 Physical address: [Street address], Somerset West, Western Cape, South Africa.

3.1.4 Email address: info@structassess.co.za.

3.1.5 Telephone: +27 21 851 4816.

3.1.6 Website: https://structassess.co.za.

3.2 We provide professional structural engineering assessments and expert opinions, and the Platform that supports them. The nature and cost of the services in any particular matter are set out in the written proposal we provide for that matter before you are asked to accept it. Prices are quoted in South African Rand and, where applicable, include or state value-added tax (VAT).

4. Licence grant

4.1 Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable and revocable right to access and use the Platform, and any secure link we send you, for your own internal business use or personal use in connection with a Struct Assess matter, and for no other purpose.

4.2 This licence does not transfer any ownership. All rights not expressly granted to you are reserved to us and our licensors.

4.3 We may change, suspend or withdraw the licence at any time in line with this Agreement, for example on termination or where required by law.

5. Eligibility, accounts and secure links

5.1 You must be at least 18 years old to use the Platform.

5.2 Staff user accounts are created by invitation only. When you accept an invitation you choose a password and become responsible for your account.

5.3 Client access is normally provided through secure links rather than standing accounts. A secure link is personal to the intended recipient and the specific matter, expires after a set period, and may be revoked by us at any time.

5.4 You must keep your password and any secure link confidential, and must not share a secure link with anyone who is not entitled to it. You are responsible for all activity that takes place under your account or through a secure link sent to you, except to the extent caused by our failure to keep the Platform reasonably secure.

5.5 You must tell us promptly, using the contact details in clause 22, if you believe your account or a secure link has been lost, stolen or used without permission.

6. Acceptable use and prohibited conduct

6.1 You must use the Platform only for lawful purposes and in line with this Agreement.

6.2 You must not, and must not allow anyone else to:

6.2.1 copy, modify, translate, reverse engineer, decompile or disassemble any part of the Platform, or attempt to derive its source code, except to the extent this restriction is prohibited by law;

6.2.2 scrape, harvest or extract data from the Platform by automated means, or place unreasonable load on it;

6.2.3 share, forward, sell or republish a secure link, or attempt to access data, matters or functions that are not intended for you;

6.2.4 upload or submit any content that is unlawful, infringing, defamatory, or that you do not have the right to provide;

6.2.5 introduce malware, or attempt to gain unauthorised access to, disrupt, or circumvent the security of the Platform or any related system; or

6.2.6 use the Platform in a way that breaches any applicable law or the rights of any other person.

6.3 We may investigate suspected breaches of this clause and may report unlawful conduct to the relevant authorities.

7. Your content and uploads

7.1 You retain ownership of your Client content. We do not claim ownership of it.

7.2 You grant us a non-exclusive, royalty-free licence to host, store, copy, process, transmit and display your Client content to the extent needed to provide the Platform and the services, to keep records, and to comply with our legal and professional obligations.

7.3 You confirm and warrant that, for all Client content you upload or submit, including photographs and documents that show property or people:

7.3.1 you have the authority and all rights, consents and permissions needed to provide it to us and to allow us to process it for the service; and

7.3.2 the content is accurate to the best of your knowledge and does not infringe the rights of any other person or breach any law.

7.4 We handle personal information in your Client content in line with our Privacy Policy, published at https://structassess.co.za/privacy.

8. Engineering reports and professional opinions

8.1 Reports are prepared and signed by a professionally registered engineer for the named client and for the specific purpose stated in the report or the related proposal. They are professional opinions based on what was reasonably observable at the time of the assessment.

8.2 A Report is prepared for the named client only. It is not intended to be relied on by any other person, and no third party acquires any right or claim against us by relying on it, unless we agree otherwise in writing.

8.3 A Report reflects the condition observed at the date of assessment and does not cover concealed, inaccessible or unexposed areas that could not reasonably be inspected without opening up, dismantling or specialist testing. Where relevant, the Report or proposal states these limitations, exclusions and any assumptions made.

8.4 A Report is a professional opinion and is not a guarantee, warranty or certificate of future performance, and it does not warrant that a structure is free of defects. Any recommendation for further investigation or remedial work should be acted on by a suitably qualified person.

8.5 Struct Assess does not carry out or sell the remedial work it recommends.

9. Fees and payment

9.1 Fees for a matter are set out in the written proposal for that matter. A proposal is valid until the date stated in it.

9.2 Unless the proposal says otherwise, a matter proceeds against a deposit (by default 40 percent of the total) with the balance payable as a final payment. Amounts are in South African Rand and include or state VAT as set out in the proposal.

9.3 Payment may be made through the payment link we send (processed by Peach Payments) or by bank transfer to the account we provide, using the reference we give you.

9.4 We may issue invoices for the deposit and final payment through QuickBooks Online. Payment obligations remain due whether or not an invoice is delivered.

9.5 Unless we agree otherwise in writing, the final Report is released once the account for the matter has been settled in full.

9.6 We may charge interest on overdue amounts at the maximum rate permitted by law, and you are responsible for reasonable costs of recovering overdue amounts.

10. Third-party services

10.1 The Platform uses third-party services, including Intuit QuickBooks Online for invoicing and Peach Payments for card and link payments. Your use of those services may also be governed by the third party's own terms and privacy statements, and you agree to comply with them where they apply to you.

10.2 We are not responsible for the availability, accuracy or performance of third-party services, or for any loss arising from their failure, except to the extent caused by our own breach of this Agreement.

10.3 QuickBooks and Intuit are trademarks of Intuit Inc., registered in the United States and other countries. Struct Assess is an independent business and is not affiliated with, endorsed by or sponsored by Intuit Inc.

11. Intellectual property

11.1 The Platform, its software, design, text, report templates, proposal templates and all related intellectual property are owned by us or our licensors and are protected by law.

11.2 Except for the limited licence in clause 4, nothing in this Agreement gives you any right in our intellectual property. You must not remove or obscure any proprietary notice on the Platform or on any document it produces.

12. Availability, maintenance and support

12.1 We will use reasonable efforts to keep the Platform available, but we do not guarantee any particular level of availability or uptime.

12.2 The Platform may be unavailable during planned or emergency maintenance, or because of events beyond our reasonable control. We will try to give reasonable notice of planned maintenance where practical.

12.3 We provide reasonable support during our normal business hours (Monday to Friday, 08:00 to 17:00, South African time), using the contact details in clause 22.

13. Suspension and termination

13.1 We may suspend or terminate your access to the Platform, or a secure link, with immediate effect if you breach this Agreement, if payment is overdue, if we reasonably suspect unlawful or unauthorised use, or if we are required to do so by law.

13.2 We may deactivate a staff user account or a client record when it is no longer needed, for example when a person leaves or a matter is closed.

13.3 You may stop using the Platform at any time.

13.4 On termination, the licence in clause 4 ends and you must stop using the Platform. Clauses that by their nature should survive (including clauses 7, 8, 10 to 11 and 14 to 21) continue to apply. We keep records after termination as described in our Privacy Policy and as required by law, which means deactivation rather than immediate deletion may apply during statutory retention periods.

14. Disclaimers

14.1 Except as expressly stated in this Agreement and as required by law, the Platform is provided "as is" and "as available", and we do not make any other warranty about it, whether express or implied.

14.2 We do not warrant that the Platform will be uninterrupted, error-free or secure against every threat, or that it will meet your particular requirements.

14.3 Nothing in this clause limits the professional standard to which our engineers prepare Reports, or any warranty or right that cannot lawfully be excluded.

15. Limitation of liability

15.1 Nothing in this Agreement excludes or limits our liability for anything that cannot lawfully be excluded or limited, including liability for gross negligence, for death or personal injury caused by our negligence, or for fraud.

15.2 Subject to clause 15.1, we are not liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, data, goodwill or business, arising from or in connection with the Platform.

15.3 Subject to clause 15.1, our total liability arising from or in connection with this Agreement and the Platform, whether in contract, delict (tort) or otherwise, is limited to the total fees you paid to us for the matter to which the claim relates in the 12 months before the event giving rise to the claim.

15.4 This clause does not limit our responsibility for a Report to the extent that responsibility arises under the separate professional engagement for that Report and under applicable law.

16. Consumer Protection Act

16.1 Where the Consumer Protection Act 68 of 2008 applies to you, nothing in this Agreement is intended to limit or exclude any right you have under that Act that cannot lawfully be limited or excluded, and this Agreement must be read so as to comply with it. If there is a conflict between this Agreement and a right you have under that Act that cannot be excluded, that right prevails.

16.2 The limitations and exclusions in clauses 14 and 15 apply only to the extent permitted by law, and do not apply to liability for gross negligence, for wilful misconduct, or for any matter that the law does not allow to be excluded.

17. Indemnity

17.1 To the extent permitted by law, you indemnify us against reasonable claims, losses, damages and costs that arise from your breach of this Agreement, your misuse of the Platform, or your Client content, except to the extent the claim is caused by our own breach, gross negligence or wilful misconduct.

18. Electronic communications, signatures and acceptance

18.1 You agree that we may communicate with you electronically, and that electronic communications, including through secure links, satisfy any legal requirement that a communication be in writing.

18.2 You agree that clicking to accept, confirming acceptance through a secure link, or otherwise indicating agreement electronically, is a valid electronic signature and creates a binding agreement, as contemplated by the Electronic Communications and Transactions Act 25 of 2002.

18.3 Records of your acceptance, including the time it occurred and the name of the accepting person, may be kept as evidence of the agreement.

19. Governing law and dispute resolution

19.1 This Agreement is governed by the law of the Republic of South Africa.

19.2 If a dispute arises, the parties will first try in good faith to resolve it by discussion and, if that does not succeed within a reasonable time, may agree to refer it to mediation before starting court proceedings.

19.3 Subject to clause 19.2, you consent to the jurisdiction of the appropriate court in the Western Cape, South Africa, for any dispute arising from or in connection with this Agreement, without affecting our right to bring proceedings in any other court of competent jurisdiction.

20. Changes to this Agreement

20.1 We may update this Agreement from time to time. When we do, we will change the effective date at the top and publish the updated version at https://structassess.co.za. Material changes will be brought to your attention where reasonably practical.

20.2 Your continued use of the Platform after an update takes effect means you accept the updated Agreement.

21. General

21.1 Entire agreement: this Agreement, together with any proposal and the Privacy Policy, is the entire agreement between you and us about the Platform, and replaces any earlier understanding on the same subject. A separate professional engagement letter or proposal governs the engineering services themselves.

21.2 Severability: if any part of this Agreement is found to be unenforceable, the rest continues to apply, and the unenforceable part is treated as removed to the least extent necessary.

21.3 No waiver: if we do not enforce a right, that is not a waiver of it.

21.4 Assignment: you may not assign or transfer your rights under this Agreement without our written consent. We may assign our rights and obligations to a successor in our business.

21.5 Notices: we may give you notice by email or through the Platform. You may give us notice using the details in clause 22.

21.6 Domicilium: we choose [Street address], Somerset West, Western Cape, South Africa as our address for the service of legal notices and documents (domicilium citandi et executandi).

22. How to contact us

Struct Assess

[Street address], Somerset West, Western Cape, South Africa

Email: info@structassess.co.za

Telephone: +27 21 851 4816

Website: https://structassess.co.za