Terms and Conditions

TRUWARE (Pty) Ltd

SHEQhub is a product of TRUWARE (Pty) Ltd (The Supplier), a South African company, which is made available to our customers, where our customers can create and maintain digital safety files and quality management documentation. Customers can be our customer which manages contractors, or contractors rendering services to their customers.

1 Service

SHEQhub (hereinafter referred to as the product) is provided to our customers as a non-exclusive, non-sublicensable, non-reseller SAAS (Software-As-A-Service), which is available at www.sheqhub.co.za.

2 Terms

The product is made available to our customers on a month-to-month basis, at the subscription fee as at the time of payment.

3 Availability

SHEQhub strives for an availability of 100%. Several parties are involved in providing the service and the Supplier will liaise with these parties to ensure the best uptime possible.

4 Subscription and Payment

SHEQhub is a SAAS (Software-as-a-Service) offering.

Each registered company must sign up individually.

Our billing run is done on the 24th of each month and customers will receive an e-mail notification when the billing run is completed. An invoice will be generated if the customer has an active system at the time of the billing run. Active system is defined as having an active safety file, employee file or is active on the Health and Safety and/or QMS modules. It is the responsibility of the customer to ensure their safety files and/or employee file are closed when applicable.

The subscription fee is payable in advance for the month of use. Payments will be made to TRUWARE (Pty) Ltd, the owner of SHEQhub. Subscription fees are non-refundable. In the case of a South African company, VAT will be charged on the subscription fee.

The full monthly subscription fee is payable irrespective of when you join or renew your expired subscription during the month or for the first time.

The subscription fee at the time of invoicing will be invoiced plus the additional amount per employee over 100 employees and users over 5 users at the time of invoicing. Only unique employees on safety files or employee file still flagged active will be used to calculate the subscription fee. The current cost structure, valid until 30 April 2026 - Subscription fee : R 999-99 excl VAT for up to 100 employees and 5 users. R 7-50 excl VAT per employee per month for employee 101 to 500. R 4-50 excl VAT per employee per month for employee 501 to 1000 and R 2.50 excl VAT from employee 1000 upward. R 199-00 excl VAT per user from user 6 to 50. R 179-00 excl VAT per user from user 51 to 100 and 125-00 excl VAT per user 101 upward.

External users (other companies/auditors/consultants etc) linked as external users will be invoiced as active users when they have update permissions per company.

Note: Only supplier managed Debit Orders and payments via the PayFast portal are accepted payment methods.

5 Rights

All rights to the product, including but not limited to the Intellectual Property Rights, right to distribution and reproduction remains with the Supplier.

All information entered by the customer remains the property of the customer.

6 Responsibilities of the Customer

The customer will only create safety files where they are either the contractor or the customer who the safety file is for. The product may not be used to create safety files for other companies, consultants or parties where the creator of the safety file is not either the customer or the contractor. Either the customer or contractor must be the subscribed party.

The customer agrees to register users who are legally authorised to add, amend and view information relevant to the use of the product.

Users will ensure data entered on the system is not copyrighted; is not defamatory, obscene, malicious, offensive to any person or group and complies with relevant regulation of the country's governing privacy of information, communications and taxes.

The customer is responsible to create user access to the product and takes responsibility for the actions of the users and will not hold the Supplier responsible for the actions of users.

The customer will use the system for the purpose it was developed for and if the customer is in doubt about appropriate use, the customer will discuss it with the Supplier.

The customer will not use the system, nor make it available to any other party, relevant documentation or information about the product, to recreate the product themselves or by a third party.

Although resource usage, including but not limited to disk space used, internet traffic and system resource usage, is not limited, SHEQhub reserves the right to notify Customers whose usage significantly exceeds the norms expected and to work with them on an appropriate resolution.

7 Responsibilities of the Supplier

The Supplier will make the product available to the customer for day-to-day operations.

The Supplier will endeavour to ensure 100% uptime of the product. The Supplier will limit maintenance functions to after hours to minimise service interruptions and will notify the customers well in advance should the service need to be interrupted.

The Supplier will make daily backups of the product, database and other information entered by the customer.

The Supplier will have a contingency plan in place to ensure access to the product in a reasonable time in case of failure to continue on the current operational environment.

The Supplier will have the necessary tools in place to ensure data security with, but not limited to encryption, intrusion prevention and detection, anti-hacking, malware and anti-virus software.

The Supplier will provide the customer with the necessary support to ensure the customer can operate the product effectively.

8 Indemnification

The customer will not hold the Supplier responsible for losses, damages or other expenses incurred by the use of the product. Nor will the customer hold the Supplier responsible for losses, damages or other expenses when the service is suspended, interrupted or cancelled.

9 Cancellation

When the subscription is cancelled, the information of the customer will be made available to the customer for a period of 90 days to extract, download or print the information. During this period, the administrator will have view access to the information only.

The customer may also request the Supplier to keep the information available on the server at a reduced fee, where the customer will have view access to the information.

The customer may request the information in digital format at which time the Supplier will provide the customer with a quotation to extract the information.

10 Confidentiality

The customer and Supplier undertake to keep all information including but not limited to documentation, digital media, trade and operational information confidential. Both parties will be responsible for their employees to comply with this clause.

The Supplier undertakes to allow use of the information only for the purpose of Contractor Management and Quality Management and will not make the information available through any other facility, other than SHEQhub operational functions.

On termination of this agreement, both parties will return material to the other party. Both parties will honour the confidentiality agreement for at least one year after the termination of this agreement.

11 Protection of Personal Information

To operate the product, some personal information is captured and will be managed according to the POPI Act and other regulation in the law. Although a person, employee or user, may require the removal of their information, it will be done in conjunction with regulations about retention periods of information captured and may result in the de-activation of the information rather than removing the information.

The information which may be captured includes: ID Number, Name, Surname and competency documents as required by the customer.

12 Acknowledgement

By registering, you agree to the terms of this agreement. SHEQhub may update this Terms of Use from time to time to reflect changes in the platform, legal requirements, or industry best practices. Customers will be notified of material changes via email or in-platform notification. Continued use of SHEQhub following notification of changes constitutes acceptance of the updated Policy.