Terms of Service

These Terms of Service (“Terms”) are a binding agreement between NorthStar Digital Solutions (Pty) Ltd (“we”, “us”) and the organisation that registers for CompliancePro (“Customer”, “you”). Together with our Privacy Policy and the Operator Agreement, they make up the whole agreement for your use of CompliancePro (the “Service”).

The person who ticks “I agree” when creating an account confirms that they are authorised to bind the Customer to these Terms. We record the date, time, version and user of that acceptance, and that record is evidence that the Customer accepted these Terms.

CompliancePro is online software for recording and tracking contractor documents, worker certifications, equipment inspections, incidents and related compliance information, and for producing reminders, reports and summaries from the information the Customer enters. We may improve or change features from time to time, provided we do not materially reduce the core functions of a paid plan during a paid period.

The Service helps the Customer organise records. It does not make safety, legal, medical, engineering or compliance decisions, and nothing in it is professional advice.

• The Customer remains solely responsible for complying with the Mine Health and Safety Act 29 of 1996, the Occupational Health and Safety Act 85 of 1993, regulations issued under them, site rules, client and regulator requirements, and any other law that applies to its operations.
• Statuses such as “compliant”, “expiring” or “non-compliant”, colour codes, reminders, alert emails, reports and AI answers are produced automatically from the data and settings the Customer provides. They are aids only. The Customer must verify original documents and must not allow any person, contractor or equipment to work, or prevent them from working, solely because of what the Service shows.
• We are not responsible for any injury, incident, stoppage, fine, penalty, audit finding or loss that results from operational decisions made by the Customer or its users.

“Customer Data” means everything the Customer or its users put into the Service, including documents, photos and personal information about workers, contractors and other people. The Customer owns its Customer Data and grants us a limited right to host, copy, process and display it only as needed to provide, secure and support the Service.

The Customer is responsible for the accuracy, completeness, legality and timeliness of Customer Data, including expiry dates, document types, required-document settings, recipients of alerts and reports, and the roles given to its users. The Service can only be as accurate as the information entered into it.

The Service keeps an audit trail of significant actions — including creating, changing and deleting records — with the user, date and time. Users cannot edit or delete audit trail entries.

• The parties agree that the audit trail and our system logs are, in the absence of clear proof of an error in them, sufficient evidence of what was done in the Service, by which user account and when.
• Actions taken through a Customer user account (including changes and deletions) are treated as actions of the Customer. The Customer is responsible for keeping passwords secret, for the roles it gives its users, and for removing users who should no longer have access.
• If the Customer believes information is missing or wrong, it must tell us in writing within 30 days of becoming aware of it, so that we can investigate while the relevant logs and backups still exist.

We use reasonable efforts to keep the Service available and to fix problems promptly, but we do not promise that it will be uninterrupted, error-free or available at any particular time. Planned maintenance will, where practical, be done outside South African business hours.

We are not responsible for interruptions caused by events outside our reasonable control, including failures of hosting, internet, power or email providers, load shedding, cyber attacks we could not reasonably prevent, or acts of government.

We take automatic backups of the database at least once a day and keep them for about 30 days, and we keep daily snapshots of the server for about 7 days. If data is lost or corrupted, our only obligation is to use reasonable efforts to restore it from the most recent backup available to us. Information entered after that backup may not be recoverable.

Backups exist for disaster recovery and are not an archive. The Customer should download reports and keep its own copies of records it is legally required to keep. We are not liable for loss of data deleted or changed by the Customer’s users, or for loss that could not be restored from our backups.

• Alert emails, scheduled reports and other notifications are sent on a best-effort basis. Delivery can fail because of spam filters, full mailboxes, wrong addresses or third-party outages. The Customer must not rely on emails alone and should review the dashboard regularly.
• The “Ask AI” feature produces answers automatically using a third-party AI provider and only the Customer’s own dashboard information. Answers can be incomplete or wrong. They are not advice and must be checked against the underlying records before being relied on.

New organisations receive a free trial (currently 14 days). After that, the fees for the chosen plan, as shown on the billing page or in our quote, apply per organisation, per month or year, in advance. Fees exclude VAT, which is added where applicable.

If a trial ends or a payment is overdue, the account becomes read-only: the Customer can still log in, view and export its data, but cannot add or change records until payment is made. We will not delete Customer Data because of late payment without giving at least 30 days’ written notice.

We may change prices on 30 days’ notice; changes apply from the next billing period. Fees already paid are not refundable except where the law requires it or we terminate the Service without cause.

Delivery. The Service is online software. It is available as soon as the organisation’s account is created, and stays available while the subscription is paid. Nothing is delivered physically.

Renewals. Plans paid by card renew automatically at the end of each month or year, at the plan’s price at that time, until cancelled. Payments are processed by Paystack; we never see or store card details. Founding-customer monthly payments renew automatically at the founding price for the founding year (12 payments) and then stop; a founding annual payment covers the founding year. To continue after the founding year, the customer chooses a plan at the normal price.

How to cancel. An admin of the organisation can cancel at any time: use Cancel subscription on the Billing page, email us at banelengubane107@gmail.com, or use the “manage subscription” link in the payment emails from Paystack. We stop the renewal and confirm by email within 2 business days. The account keeps full access until the end of the period already paid for, then becomes read-only as described in “Trial, fees and payment”.

Refunds. Fees already paid are not refunded for unused time, except where the law requires it, where we end the Service without cause, or where a payment was taken in error (for example a duplicate payment, or a renewal charged after we confirmed a cancellation). Those refunds go back to the original card, normally within 10 business days.

• Use the Service only for the Customer’s lawful business purposes.
• Do not upload malicious files, attempt to access other customers’ data, probe or overload the Service, or reverse engineer it.
• Do not upload information the Customer has no right to process, or more personal information than needed.
• We may suspend access that threatens the security or stability of the Service, with notice where practical.

For personal information in Customer Data the Customer is the responsible party and we act as its operator under the Protection of Personal Information Act 4 of 2013 (POPIA). The Operator Agreement forms part of these Terms and sets out how we process that information. Our own handling of account and contact information is described in the Privacy Policy.

We own the Service, its software, design and content (excluding Customer Data). The Customer receives a non-exclusive, non-transferable right to use the Service during the subscription. Suggestions the Customer gives us may be used to improve the Service without obligation.

Each party will keep the other’s non-public business information confidential and use it only for this agreement, except where disclosure is required by law or is needed by our service providers who are bound by similar duties.

Except for what these Terms expressly say, and to the extent the law allows, the Service is provided “as is” and “as available”, and we make no other warranties, including that it will meet the Customer’s specific requirements or that every record, status or reminder will be correct.

To the extent the law allows:

• We are not liable for indirect, special or consequential loss, loss of profit, revenue, contracts or goodwill, production stoppages, regulatory fines or penalties, or loss arising from the Customer’s operational, safety or compliance decisions.
• Our total liability for all claims arising from or related to the Service or this agreement in any 12-month period is limited to the fees the Customer actually paid us for the Service in the 12 months before the event giving rise to the claim. During a free trial that amount is zero.
• These limits do not apply to loss caused by our fraud or gross negligence.

The Customer indemnifies us against claims by third parties — including its workers, contractors, clients and regulators — that arise from Customer Data, from the Customer’s processing of personal information without a lawful basis, from the Customer’s operations or decisions, or from use of the Service in breach of these Terms.

The Customer may stop using the Service at any time (see “Renewals, cancellation, delivery and refunds”); paid periods are not refunded. Either party may end the agreement on written notice if the other materially breaches it and does not fix the breach within 20 business days.

After termination the Customer has 30 days to export its data (the account stays read-only during that time). After that we delete Customer Data from the live system; copies in backups expire within about 30 more days. We may keep information we must retain by law, such as invoices.

We may update these Terms. We will give at least 30 days’ notice of material changes by email or in the Service. Continued use after the effective date means acceptance; where we ask for renewed acceptance in the Service, the version accepted is recorded.

South African law governs this agreement. The parties will first try to resolve any dispute through good-faith discussion between senior representatives for 20 business days before going to court. Either party may still seek urgent relief from a court at any time.

The Service is intended for businesses. If the Consumer Protection Act 68 of 2008 applies to a Customer, nothing in these Terms limits rights that the Act does not allow to be limited.

Business information (Electronic Communications and Transactions Act 25 of 2002, section 43): NorthStar Digital Solutions (Pty) Ltd, a private company, registration number 2026/672434/07; address: 12 Massachusetts Crescent, Cosmo City, Randburg, Gauteng, 2188; email: banelengubane107@gmail.com; website: https://compliancepro.northstardigitalsolutions.net.