Terms of Service

1. Acceptance of Terms

These Terms of Service constitute a legally binding B2B contract between Omnisafe (PTY) LTD ("Omnisafe", "we", "us", "our") and your organization ("Tenant", "User", "you"). By signing up for a workspace profile, accessing the dynamic compliance builder, or using our mobile integrations, you agree that your company complies with these terms.

If you are entering into this agreement on behalf of a company, building contractor, or other corporate entity, you warrant that you have the lawful authority to bind that entity to these conditions.

2. Description of Services

Omnisafe provides a cloud-based software-as-a-service (SaaS) safety platform designed to assist South African employers in tracking occupational health, safety, environmental, and quality (SHEQ) indicators. Services include digital safety files management, baseline HIRA mapping templates, dynamic checklist builders, adaptive e-learning platforms, and an omnichannel WhatsApp hub for remote hazard reporting.

3. Subscription, Billing, and Fees

• Pricing Structure: Subscriptions are billed on a monthly recurring cycle based on active employee brackets (as outlined in our pricing configuration). Custom consultancies and onboarding fees are billed separately.
• Taxes: All listed prices on our website exclude Value Added Tax (VAT) at the statutory South African rate of 15%, which will be added to the invoice.
• Late Payments: Unpaid subscriptions exceeding 14 days will lead to temporary workspace suspension. Interest on outstanding amounts may be charged in terms of the Prescribed Rate of Interest Act of South Africa.
• Cancellation: Subscription cancellations require 30 days written notice. You will retain access to your document vaults until the end of your paid billing period.

4. User Accounts, Roster Security, and Access Controls

Tenants are responsible for maintaining the confidentiality of administrative credentials and configuring appropriate Role-Based Access Controls (RBAC). Tenants are solely responsible for:

• Ensuring all employees added to the roster are accurately registered with their legal names and national identification details.
• Restricting edit and upload rights to qualified personnel (e.g. Safety Representatives or site supervisors).
• Validating the accuracy of uploaded documentation, including COIDA Letters of Good Standing, operator permits, and medical certificates of fitness.

6. WhatsApp Integration & Voice Biometrics

If your team utilizes our omnichannel WhatsApp hub for e-learning, induction validation, or field hazard logging, you agree that:

• Remote employees are responsible for standard cellular carrier connection fees, though the platform is optimized for low-data consumption bundles.
• Employees must consent to having their voice records analyzed by our biometric fraud prevention algorithm to issue training certificates. If an employee objects to biometric verification, alternative remote training validation paths must be requested manually by the Tenant Administrator.

7. Intellectual Property

Omnisafe retains all right, title, and interest in and to our proprietary SaaS platform, including dashboard code, dynamic form builders, audit configuration matrixes, e-learning AI models, design systems, and visual layouts.

Tenants retain full intellectual property ownership of their uploaded files, custom documentation templates, company logos, rosters, and audit results. We are granted a revocable, non-exclusive license to store and index this content strictly to provide our dashboard and alert compliance features to your tenant.

8. Limitation of Liability

To the maximum extent permitted by South African law, Omnisafe (PTY) LTD, its directors, employees, or consulting contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

Specifically, we are not liable for:

• Loss of contract values, project delays, or business interruptions.
• Lockout costs or daily stop-work order penalties issued by regulatory inspectors (e.g. DEL shutdown penalties costing up to R50,000/day).
• COIDA late injury reporting administrative penalties (which can reach 10% of annual corporate earnings).
• Unlawful actions, negligence, or compliance omissions committed by your site managers or employees.

Our total cumulative liability under this agreement is strictly capped at the total subscription fees paid by you to Omnisafe in the twelve (12) months preceding the event giving rise to the claim.

9. Term and Termination

This agreement begins when you subscribe and continues until terminated. Upon termination of service, Omnisafe will preserve your database information and file vaults for a grace period of 30 days to allow data export. Following this grace period, all tenant files and biometric records will be permanently deleted from our active databases, subject to statutory retention obligations.

10. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the **Republic of South Africa**. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the competent courts of South Africa.

11. Contact Us

If you have any questions or require support regarding these terms, please contact our support team: