Terms of Service & Master SaaS Agreement

1. Parties & Acceptance

This Master Commercial Agreement ("Agreement") constitutes a legally binding contract between:

• TVB Network (Pty) Ltd, a private company incorporated under the laws of the Republic of South Africa with Registration Number 2022/697770/07, having its principal business address in Johannesburg, Gauteng ("TVB Network", "Licensor", "we", "us", or "our"); and
• The contractor, civil engineering enterprise, commercial developer, project management consultancy, or joint venture accessing or subscribing to the platform ("Client", "Contractor", or "Subscriber").

By creating a project workspace, provisioning subcontractor accounts, or logging site operations, the Contractor unconditionally agrees to these terms and affirms that it holds all required statutory certifications for construction work in the Republic of South Africa.

2. CIDB Grading & NHBRC Registration Tracking

2.1. CIDB Contractor Grading: Contractor grading designations (e.g., 1GB through 9CE) displayed within BuildPro are recorded based on user-supplied documentation. The accuracy, validity, and current standing of any contractor or subcontractor grade must be verified directly against the official Construction Industry Development Board (CIDB) National Register of Contractors (cidb.org.za). TVB Network provides no warranty regarding a contractor's actual financial capability or tender eligibility.

2.2. NHBRC Home Enrollments: Tracking residential units, technical certificates, or structural warranty dates within BuildPro is an internal administrative aid. It does not replace statutory certificate issuance or dispute resolution by the National Home Builders Registration Council (NHBRC).

3. Bills of Quantities (BoQ) & Standard Construction Contracts

3.1. BoQ & Cost Estimation Disclaimer: Algorithmic take-offs, rate lookups, CPAP formula escalations, and material forecasting in BuildPro are mathematical estimates. Actual project profitability, material scrap rates, haulage costs, and subcontractor pricing fluctuations remain the sole commercial risk of the Contractor. TVB Network shall not be held liable for tender underbidding, pricing oversights, or project financial losses.

3.2. JBCC, GCC, NEC & FIDIC Contracts: BuildPro provides document workflow templates designed to align with Joint Building Contracts Committee (JBCC Principal Building Agreement 2000/2018), General Conditions of Contract (GCC 2015), NEC3/NEC4, and FIDIC. Use of these templates does not constitute legal or contractual advice. The Principal Agent, Architect, or Consulting Engineer must verify all contract payment certificates, variation orders, and claims for extension of time.

4. OHS Construction Regulations 2014 & Site Safety

4.1. Statutory Appointments: Digital signing or assignment of Construction Regulations appointments (Section 16(1)/(2) OHS Act, CR 8(1) Construction Manager, CR 8(2) Assistant Manager, CR 8(7) Construction Supervisor, CR 8(8) Construction Health & Safety Officer, CR 10 Fall Protection Planner) in BuildPro facilitates record-keeping. The Contractor remains solely liable for ensuring that appointees possess the requisite SACPCMP registrations, competencies, and physical oversight on site.

4.2. Site Incident Reporting: Incident logs (Section 24 OHS Act) stored in BuildPro must be formally lodged with the Department of Employment and Labour within the statutory prescribed timeframes by the Contractor.

5. Subcontractor Compliance & COIDA Good Standing

The Contractor is responsible for collecting and verifying all statutory compliance documentation uploaded by subcontractors, including valid Compensation for Occupational Injuries and Diseases Act (COIDA) Letters of Good Standing (LOGS), B-BBEE affidavits, and SARS Tax Compliance Status (TCS) PINs. BuildPro flags expiration dates as an alert service without assuming legal liability for expired or fraudulent subcontractor documents.

6. ZAR Billing, Tenant Sharding & Liability Cap

6.1. ZAR Pricing & Paystack: Subscriptions are billed in South African Rand (ZAR) via Paystack or approved EFT arrangements. Subscriptions include a 14-day full-feature trial.

6.2. BigQuery Data Sharding: Operational project records, site diaries, timesheets, and invoices are housed in isolated operational functional tables (biz_<clientId>) preventing cross-tenant exposure.

6.3. Limitation of Liability: TVB Network shall not be liable for load shedding site communication failures, subcontractor delivery delays, or weather-induced project delays. Total cumulative liability is capped at three (3) months subscription fees paid by Contractor.

7. Governing Law & Dispute Resolution

This Agreement is governed by the laws of the Republic of South Africa. Any disputes arising hereunder shall be referred to arbitration under the Rules of the Arbitration Foundation of Southern Africa (AFSA) or submitted to the High Court of South Africa, Gauteng Local Division (Johannesburg).