What you're agreeing to.

Who we are.

Setout is a South African construction toolkit operated 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, joining a waitlist or buying a templates pack, you accept these terms. If you don't accept them, don't use the site.

What we sell.

We sell two distinct things:

• ·Templates packs — editable contract drafting and administration templates in .docx and .xlsx format, delivered as digital downloads. The templates are administration and drafting supplements that work alongside the official NEC, JBCC, GCC and FIDIC contracts; they do not include or replace those publishers' contracts, which must be purchased separately from their respective publishers.
• ·Professional services — live contract administration on retainer or custom AI Contract Assistant builds, agreed separately under engagement letters.

These terms cover the templates packs 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 pack 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.

Templates packs are delivered electronically. After a successful payment, we email a time-limited download link to the email address used at checkout, usually within minutes. The download link is signed and expires 14 days from issue. If you have not received the email within 30 minutes, write to hello@setout.co.za and we will re-issue.

Licence.

When you buy a templates pack, we grant you a non-exclusive, non-transferable, perpetual licence to:

• ·Use, edit and adapt the templates inside your firm and on your firm's projects.
• ·Issue documents derived from the templates as your firm's own contract instruments.
• ·Continue to use any documents you have already issued, indefinitely.

What you may not do:

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

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

We retain all copyright and intellectual property rights in the templates. Adaptations you produce remain yours.

Updates.

We include updates to a templates pack within the same edition (for example, NEC3 corrigenda or JBCC errata) for twelve months from your purchase, at no additional cost. We will email you when a meaningful update is published. Major new editions (for example, an NEC4 pack) are a separate product.

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 downloads that have been opened or used (ECT Act section 42(2)(d) read with regulations on digital goods).

In practice: once the download link in the fulfilment email has been clicked, the licence has been delivered and is not refundable. If the link was never clicked and you write to us within seven days asking for a refund, we will refund the full purchase price.

If a pack is genuinely defective (for example, files corrupt on download), we will re-issue. If we cannot make the files work, we will refund.

What the templates are not.

The templates are drafting starters intended to be reviewed, edited and adapted by a competent contract administrator for the specific project they are used on. They are not legal advice. They are not bespoke contract drafting. Their use on a specific project 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 the templates. Our total liability for any claim arising out of a templates pack purchase is limited to the price you paid for that pack.

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 bought a pack 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.