What you're agreeing to.

Who we are.

Setout is a contract administration practice operating as a sole proprietorship in Bloemfontein, Free State, South Africa. These terms apply to all use of this website and all goods and services bought through it.

By using the site, briefing us on a project, or ordering a tool deliverable, you accept these terms. If you don't accept them, don't use the site.

What we sell.

We sell two distinct things:

• ·Tender tools — paid, one-off digital deliverables ordered through the tools on this site: a full priced Bill of Quantities, a suppliers list, a QS-reviewed priced bill, or a compliance document (method statement / HIRA). The free previews and exports are provided as-is; the paid deliverable is prepared from what you submit and emailed to you.
• ·Professional services — live contract administration on retainer or custom AI Contract Assistant builds, agreed separately under engagement letters.

These terms cover the paid tools and general use of the website. Professional services are agreed in writing in a separate engagement letter that, where it conflicts with these terms, takes precedence for that work.

Prices and payment.

All prices on the site are in South African Rand (ZAR). We are not VAT-registered as at the date of these terms, so prices are not subject to VAT. If we become VAT-registered and the price becomes VAT-inclusive, we will say so on the relevant tool page.

Payment is processed by PayFast, a South African payment gateway. We do not see or handle your card details. By proceeding through PayFast you also accept PayFast's terms with them.

Delivery.

Paid tool deliverables are prepared from what you submit and emailed to the address used at checkout, usually within one working day. QS-reviewed orders may take longer while a registered quantity surveyor reviews the figures. If you have not received your deliverable within one working day, write to hello@setout.co.za and we will follow up.

Licence.

When you buy a tool deliverable, we grant you a non-exclusive, non-transferable, perpetual licence to:

• ·Use, edit and adapt the deliverable inside your firm and on your firm's tenders and projects.
• ·Submit documents derived from the deliverable as your firm's own tender and contract documents.
• ·Continue to use any documents you have already submitted, indefinitely.

What you may not do:

• ·Repackage, resell, sublicense, distribute or share the deliverable outside your firm as a product, service or training material.
• ·Remove or obscure copyright, attribution or watermarks where present.
• ·Use the deliverables to operate a competing pricing or compliance tool.

The licence covers one firm. If you operate multiple legal entities and want to extend the licence beyond the entity that placed the order, write to us and we will quote the additional licence fee.

We retain all copyright and intellectual property rights in our rate data, templates and tooling. The priced bill, suppliers list or document we deliver for your tender is yours to use.

Accuracy.

Prices generated by the BoQ Pricer are indicative, based on benchmark rates, and are not a quantity surveyor's certification unless you have ordered the QS-Reviewed service and a registered quantity surveyor has signed off the figures. Always verify rates against current market conditions before you submit a tender.

Refunds and cancellations.

Section 44 of the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") provides a seven-day cooling-off period for goods bought over the internet. That right does not apply to digital goods that have been produced and supplied to your specification (ECT Act section 42(2) read with regulations on digital goods).

In practice: once we have prepared and emailed a deliverable produced from what you submitted, it is not refundable. If you write to us within seven days of payment and we have not yet started preparing your deliverable, we will refund the full purchase price.

If a deliverable is genuinely defective (for example, a file is corrupt or unreadable), we will re-issue. If we cannot make it work, we will refund.

What the tools are not.

The priced bills, suppliers lists and compliance documents are working starters intended to be reviewed, edited and adapted by a competent person for the specific tender or project they are used on. They are not legal advice. Unless you have ordered a QS-Reviewed bill, they are not a quantity surveyor's certification. Their use on a specific tender remains your professional responsibility.

To the maximum extent permitted by law, we are not liable for any loss arising from your use, edit or non-use of a deliverable. Our total liability for any claim arising out of a tool purchase is limited to the price you paid for that order.

Nothing in these terms excludes any liability we have at law that cannot be excluded, including under the Consumer Protection Act 68 of 2008.

Governing law.

These terms are governed by South African law. Any dispute arising from them is subject to the jurisdiction of the courts of the Free State Division of the High Court, sitting at Bloemfontein.

Changes to these terms.

We may change these terms from time to time. The date at the top of this page reflects the last revision. The terms in force at the time you placed an order remain those that apply to that purchase.

How to reach us.

For anything about these terms, your account or a purchase: hello@setout.co.za. Or use the contact form.