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Payments already made are not refunded. Monthly plans are a 12-month commitment. If you cancel early, you must pay 75% of the outstanding amount for the months left. That is the last payment. PayFast keeps retrying the debit until that amount is taken.
Full terms
OHS SMART generates health and safety documents to help you compile a site file.
1. Legal liability policy — documents at your own risk; no liability for incidents
OHS SMART is only there to help by generating template documents. Generating a file and using those documents is entirely at your own risk. You must review, complete, sign and keep documents current before work starts.
The developer, the operator of OHS SMART, and OHS SMART take no legal liability for any incident, accident, injury, occupational disease, fatality, property damage, stoppage, fine, prosecution, civil claim or other loss that happens on a site or in connection with work, whether or not a file or document from this app was generated or used.
OHS SMART is not a law firm, does not give legal advice, and does not accept any legal duty, warranty or liability for how documents are used, completed, signed, filed or applied on site. You (the employer, contractor, client or appointed person) remain fully responsible for compliance with the Occupational Health and Safety Act 85 of 1993, the Construction Regulations, COIDA, and any other applicable law, client specification or municipal requirement. Nothing in this app transfers those duties to the developer or the operator.
The full legal liability policy is at /liability and forms part of these terms.
2. Accounts
Any person may register. There is one account type. After you register you must create or upload a company, then add sites under each company. You may hold more than one company. Each company has its own sites. Safety files and other documents are stored under the specific site they belong to, not mixed with another company or another site.
3. Companies
A company is a business profile you add under your account (your own company, a client, or another entity you generate files for). Create the company first. You cannot add a site until at least one company exists. Logo, COIDA and company details sit on the company they belong to.
4. Sites
Sites sit underneath a company. Generate files, run audits and log incidents on that site. If a company only needs one safety file, you may buy a once-off full file for that site. Monthly plans include a set number of active safety files. You may add at least 15 company profiles; each company has its own sites. Generating a safety file is capped by the pack (5, 7 or 10 files). Complimentary maintainer access is unlimited.
Until a permitted trial is active, a once-off file or documents are paid, or a monthly plan is paid, you will not have access to add sites or use generated documents.
5. Unpaid accounts
If the account is not paid (and no permitted free trial is active), you will not have access to the app’s sites, companies, generated documents or stored uploads. Starting a trial, buying individual documents, or buying a plan is required before that data can be used.
6. Payments
All amounts paid (including individual documents at R195 each, the mini pack at R150, once-off full safety file at R1250, monthly plans at R250, R350 or R450, and any cancellation settlement) are non-refundable. Chargebacks and refund requests for a change of mind, unused time, unused credits, unused generated documents, unused companies or unused sites will not be honoured.
Monthly plans are a 12-month commitment at the chosen price (R250, R350 or R450 per month). You agree that PayFast (or the payment provider) will debit that amount on the same calendar day each month for 12 months. After the free trial ends, or a once-off file / document credit is used up, you must choose a monthly plan to keep using the app.
Plan limits:
• R250 per month — 15 company profiles, 5 active safety files
• R350 per month — 15 company profiles, 7 active safety files
• R450 per month — 15 company profiles, 10 active safety files
Complimentary maintainer logins may generate unlimited files.
7. Cancellation
You may cancel a monthly plan in the app (Account). Cancelling does not refund months already paid. The full cancellation rules are in the Cancellation policy at /cancellation.
If you cancel before the 12-month commitment is finished, you must pay a cancellation settlement of 75% of the outstanding amount for the months still left.
Example: you registered on a R250 monthly plan and 10 months are still left. Outstanding amount = 10 × R250 = R2 500. You must pay 75% of R2 500 = R1 875. That R1 875 is the last payment. After it is collected, the monthly plan ends and no further monthly debits are taken for that plan.
PayFast (or the payment provider) will keep trying to debit that last payment from your account until the money has been taken. If a debit fails, it will be retried until it succeeds. You remain responsible for that settlement until it is paid.
If no months remain in the 12-month commitment, you may cancel with no settlement. After cancellation, unpaid-account rules in section 5 apply.
8. Delete profile
You may delete your own profile at any time. Deleting a profile also removes companies and sites created under that account. Deletion does not create a right to a refund of any amount already paid. If a cancellation settlement is still outstanding, it remains payable.
9. Personal details, uploads and operator access
When you register you must provide your full name, address, identity (ID) number, cell number, where you work (workplace / employer) and occupation. You cannot complete registration without these details. Existing accounts that do not yet have them must complete them on Account before using the rest of the app. You may also provide company details such as trading name, company address, phone and COIDA information.
You may upload files and whole folders of files (for example client health and safety specifications, COIDA copies and other site documents). Uploads are stored on your account so they can be used in the safety file.
By using the app you agree that christoffswart17@gmail.com (OHS SMART / the operator) may view this profile information, company details, uploaded files, and the package or plan you are registered for (including monthly packs such as the 5 pack, 7 pack and 10 pack, once-off files, complimentary access, trial or unpaid status) for support, billing and account administration. That access is for the operator’s administration of the service. Identity numbers and other personal details are not published on public pages.
How we collect, use, store and share personal information is set out in the Privacy policy at /privacy (Protection of Personal Information Act 4 of 2013).
10. Agreement
By creating a profile you confirm that you have read this, that you are authorised to use the app for the companies you add, and that you agree to these terms.