IPROJEX
TERMS AND CONDITIONS OF SERVICE, CONSTRUCTION AND INSTALLATION
Effective date: [Insert date]
Last updated: 13 October 2026
1. Introduction and Acceptance
These Terms and Conditions govern all quotations, estimates, agreements, projects, construction activities, installations, repairs, renovations, fabrication, supply of materials, maintenance and other services provided by IProjex ("IProjex", "we", "us" or "our").
The contracting legal entity is:
Registered business name: [Insert full registered company or business name]
Registration number: [Insert registration number, if applicable]
VAT number: [Insert VAT number, if applicable]
Physical address: [Insert business address]
Email: [Insert email address]
Telephone: [Insert telephone number]
These Terms apply to individual consumers, homeowners, businesses, property owners, developers, managing agents and other clients ("the Client").
By accepting a quotation, signing a project agreement, paying a deposit, instructing us to commence work or otherwise authorising the performance of services, the Client agrees to the applicable terms, subject to any mandatory legal requirements.
Any project-specific written agreement, approved quotation, scope of work or specification must be read together with these Terms. Where a project-specific agreement expressly varies these Terms, the written variation will apply to the extent of the inconsistency.
Nothing in these Terms excludes or limits any right, remedy, guarantee or obligation that cannot lawfully be excluded or limited under South African law.
2. Scope of Services
The precise services to be performed will be described in the relevant quotation, written agreement, approved drawings, bill of quantities or project specification.
Unless expressly included in writing, a quotation does not include professional engineering services, architectural services, specialist inspections, municipal applications, structural certifications, electrical certificates of compliance, plumbing certificates, specialist testing, hazardous-material removal or other professional or regulatory services.
Where such services are required, the relevant qualified, registered or authorised professional must be appointed as required by law.
The Client must not assume that any service, material, certification, inspection, permit or approval is included unless it is expressly identified in the agreed scope.
3. Quotations and Estimates
3.1. Quotations are valid for the period stated in the quotation. If no validity period is specified, the quotation will remain open for acceptance for 14 calendar days, subject to availability and written confirmation.
3.2. Quotations are based on the information, measurements, site conditions, drawings and specifications reasonably available when the quotation is prepared.
3.3. Quotations may be revised where there are material changes to the scope, specifications, site conditions, material prices, supplier charges, transport costs, statutory requirements or other factors beyond the agreed scope.
3.4. Estimates are indicative and are not fixed-price commitments unless expressly stated in writing.
3.5. No additional work or material variation will be charged without the Client's approval, except for urgent measures reasonably necessary to address an immediate safety risk or prevent serious damage, where permitted by law and the circumstances.
3.6. Any applicable VAT, delivery charges, specialist fees, permits, levies and other exclusions must be identified in the quotation or project agreement.
4. Deposits, Payments and Credit
4.1. The required deposit and payment milestones will be stated in the accepted quotation or project agreement.
4.2. Work may commence once the required deposit has cleared, the quotation has been accepted and any necessary site access, approvals and documentation have been obtained.
4.3. Progress payments will become due in accordance with the agreed payment schedule.
4.4. Invoices must be paid by the due date stated on the invoice or in the project agreement.
4.5. Where an amount is genuinely disputed, the parties must attempt to resolve the dispute promptly. Any undisputed amount remains payable when due, subject to applicable law.
4.6. To the extent permitted by law, IProjex may suspend work after providing appropriate written notice of a material payment default and a reasonable opportunity to remedy it.
4.7. Any lawful interest, collection costs or legal costs recoverable from the Client must be reasonable and permitted by the applicable agreement and law.
4.8. Ownership of supplied goods, transfer of risk and responsibility for installed materials will be governed by the quotation, project agreement and applicable law. No provision in this clause overrides mandatory consumer protections.
5. Changes to the Project
5.1. Changes to the approved design, materials, dimensions, finishes, methods, quantities or scope must be recorded in writing.
5.2. IProjex will advise the Client of any reasonably foreseeable impact on price, project duration and performance before proceeding with a variation.
5.3. The Client is responsible for additional costs arising from changes requested or approved by the Client, subject to the agreed variation procedure and applicable law.
5.4. Work outside the agreed scope is not included in the original quotation unless expressly agreed.
5.5. IProjex may recommend alternative materials or methods where the original specification becomes unavailable, unsuitable or impractical. No material substitution affecting agreed performance, appearance, safety or compliance will be made without the required approval.
6. Existing, Reused, Reconditioned and Third-Party Components
6.1. A project may include existing structures, equipment, fittings, machinery, materials, fixtures, reclaimed products, refurbished components, reused items or products manufactured or supplied by third parties.
6.2. Where existing or reused components are incorporated into a project, their age, history, condition, previous maintenance, internal wear, fatigue, corrosion, hidden defects and remaining useful life may be unknown.
6.3. Before work commences, IProjex will identify material concerns that it actually knows about or that are reasonably apparent from the agreed scope of inspection.
6.4. Unless expressly included in the quotation, the price does not include destructive testing, laboratory testing, specialist engineering assessment, disassembly, load testing or verification of hidden defects.
6.5. The Client will be informed, where reasonably practicable, when an existing or third-party component presents a material concern regarding condition, suitability, compatibility or safety.
6.6. Where a component is unsuitable for its intended use or presents a material safety risk, IProjex may recommend repair, replacement, further testing or specialist assessment. IProjex may decline to install or use the component where proceeding would be unsafe or unlawful.
6.7. IProjex does not provide a manufacturer's warranty for a third-party product unless it has expressly undertaken to do so in writing. Any applicable manufacturer's warranty will be subject to its actual terms and availability.
6.8. A manufacturer's warranty does not automatically replace IProjex's own obligations concerning its workmanship, installation, negligent acts or any statutory responsibility applicable to the project.
6.9. Where the Client specifically instructs IProjex in writing to retain or use a component after being informed of a documented defect or limitation, responsibility for the consequences attributable to that known defect may be allocated according to the parties' written agreement and applicable law.
6.10. Nothing in this section excuses IProjex from reasonable inspection, competent installation, proper workmanship, disclosure of known material defects or compliance with applicable safety requirements.
7. Workmanship Guarantee and Defects
7.1. IProjex guarantees that its workmanship will be performed with reasonable skill, care and diligence and in accordance with the agreed specifications and applicable legal requirements.
7.2. IProjex workmanship guarantee: [Insert the actual guarantee period, for example 12 months from practical completion, subject to confirmation that this matches the company's intended guarantee and insurance arrangements.]
7.3. The workmanship guarantee covers defects directly attributable to IProjex's workmanship during the stated guarantee period, subject to the terms of the project agreement and any mandatory statutory rights.
7.4. Where a defect covered by the guarantee is established, IProjex will assess the issue and, where appropriate, repair or rectify the defective workmanship within a reasonable period. Any alternative remedy will be determined in accordance with the agreement and applicable law.
7.5. The workmanship guarantee does not automatically cover:
Normal wear and tear, ageing, weathering or deterioration.
Damage caused by misuse, neglect, impact, vandalism or unauthorised alterations.
Failure to maintain the work in accordance with supplied maintenance instructions.
Defects in existing structures or components not supplied or installed by IProjex, except to the extent that IProjex is legally responsible for the defect.
Defects attributable to materials supplied by the Client or a third party, except to the extent that IProjex is legally responsible for selecting, handling, incorporating or installing those materials.
Movement, settlement, water ingress or structural problems arising from pre-existing conditions or factors outside the agreed scope, except to the extent attributable to IProjex's breach of duty.
Damage caused by an event beyond reasonable control, subject to applicable law.
7.6. A complaint must be submitted in writing as soon as reasonably practicable after the defect is discovered, with photographs, a description of the problem and reasonable access for inspection.
7.7. The Client must give IProjex a reasonable opportunity to inspect and rectify a defect before appointing another contractor to perform the same remedial work, except where urgent intervention is reasonably necessary for safety, to prevent further damage or where the law permits another remedy.
7.8. The guarantee does not shorten, replace or exclude any longer guarantee, warranty or remedy imposed by law, including applicable construction, housing or consumer-protection requirements.
7.9. Any special guarantee, product warranty, structural warranty or manufacturer's warranty must be separately documented and must specify its scope, duration, conditions and exclusions.
8. Existing Structures and Concealed Conditions
8.1. Renovation, alteration and installation work may be affected by concealed electrical cables, plumbing, inadequate foundations, corrosion, water damage, structural movement, hazardous substances, undocumented modifications or other hidden conditions.
8.2. Unless the quotation expressly includes the relevant investigations, IProjex does not warrant that existing structures or concealed services are free from defects.
8.3. If a concealed condition is discovered, IProjex may pause the affected work, take reasonable measures to secure the area and notify the Client.
8.4. Additional investigation, specialist advice, repairs, redesign or replacement will be treated as additional work where it falls outside the original scope, subject to written approval and applicable law.
8.5. IProjex will not knowingly proceed with work that presents an unacceptable safety risk or breaches applicable legal requirements.
9. Site Access and Client Responsibilities
9.1. The Client must provide lawful and reasonably safe access to the site, including access routes, working areas, relevant facilities and any necessary permissions.
9.2. The Client must disclose known hazards, relevant structural concerns, concealed services, access restrictions, hazardous materials and other site conditions that may affect the work.
9.3. The Client must obtain approvals, consents and permissions allocated to the Client under the project agreement.
9.4. The Client must ensure that its employees, tenants, visitors and other contractors comply with reasonable site safety instructions and access restrictions.
9.5. The Client must not interfere with equipment, remove protective barriers, alter completed work or instruct workers to perform unsafe or unauthorised tasks.
9.6. If access is denied, the site is not ready, required information is withheld or the Client's activities prevent safe progress, the project schedule may reasonably be adjusted. Additional demonstrable costs may be charged only where contractually agreed and legally recoverable.
10. Site Safety and Injury Prevention
10.1. IProjex will take reasonable measures, within its scope of responsibility, to perform its work safely and comply with applicable occupational health and safety legislation and regulations.
10.2. The allocation of safety duties will depend on the nature of the project, the parties' respective legal roles, written appointments and applicable law. These Terms do not transfer or remove any statutory duty that remains with IProjex, the Client, a principal contractor, an employer or another responsible person.
10.3. Where required, the parties must establish appropriate site-specific safety procedures, risk assessments, safety specifications, health and safety plans, inductions, protective equipment, barriers, warning signs and emergency arrangements before work commences.
10.4. Unauthorised persons must not enter restricted work areas. The Client must reasonably assist in preventing access by tenants, customers, children, visitors and members of the public.
10.5. The Client must notify IProjex promptly of any known hazard or unsafe condition and must not require work to continue where doing so would be unsafe.
10.6. IProjex may stop or suspend affected work where it reasonably considers that an immediate safety risk, unlawful instruction or unsafe site condition exists. The affected work may resume once the risk has been addressed to an appropriate standard.
10.7. Any incident, injury, dangerous occurrence or material near miss connected with the project must be reported promptly and recorded where required by law.
10.8. No provision in these Terms excludes liability for death, personal injury, negligence or breach of statutory duty where that liability cannot lawfully be excluded.
11. Third Parties, Subcontractors and Suppliers
11.1. IProjex may use suitably competent subcontractors, specialists and suppliers where appropriate for the project.
11.2. IProjex will take reasonable care when appointing subcontractors within its responsibility and will comply with applicable requirements concerning competence, appointments and site safety.
11.3. The responsibilities of subcontractors, suppliers and other contractors will depend on their agreements, actual conduct and applicable law.
11.4. The use of a subcontractor does not automatically release IProjex from responsibilities that it has undertaken or that the law imposes upon it.
11.5. Where the Client directly appoints or supplies a third party, that party's work and products must be distinguished from IProjex's own scope. IProjex will not be responsible for independent acts or defects beyond its responsibility, except where liability arises from IProjex's own conduct or applicable law.
12. Product Quality, Suitability and Materials
12.1. Materials supplied by IProjex will be selected in accordance with the agreed quotation and specifications, subject to availability and lawful substitutions approved where required.
12.2. Product descriptions, manufacturer information and published specifications are relied upon where appropriate, but must not be interpreted as a guarantee of characteristics not expressly warranted or required by law.
12.3. The Client must advise IProjex of any special environmental, operational, loading, compatibility, durability or performance requirements before accepting the quotation.
12.4. Materials supplied by the Client must be suitable for the intended application. IProjex may reject or decline to install materials that are visibly defective, incompatible, unsafe or unsuitable for the agreed purpose.
12.5. IProjex remains responsible for defects attributable to its own negligent selection, handling, installation or other conduct, and for any product-related obligations that legally apply to it.
12.6. Where an alternative product is proposed, any material change in quality, performance, warranty, appearance or compliance must be disclosed and approved where required.
13. Delays, Events Beyond Control and Extensions of Time
13.1. Any project timeline is based on the agreed scope, access, resources, material availability, weather conditions and other reasonably foreseeable factors.
13.2. Delays caused by severe weather, supplier shortages, transport disruption, utility failures, unexpected site conditions, client variations, third-party contractors, regulatory delays or other events outside a party's reasonable control may justify a reasonable extension of time.
13.3. The affected party must notify the other party of a material delay and take reasonable steps to minimise its effects.
13.4. An event beyond a party's reasonable control does not automatically excuse payment for work properly completed or remove statutory rights and obligations.
13.5. If a delay makes the project materially different from the agreed arrangement, the parties must discuss a reasonable written variation or termination arrangement.
14. Completion, Inspection and Handover
14.1. On substantial or practical completion, IProjex may notify the Client that the work is ready for inspection.
14.2. The Client must inspect the completed work within a reasonable period and provide a written list of apparent defects or outstanding items.
14.3. Minor outstanding items that do not materially affect safe use or the intended purpose of the work will be recorded for completion within a reasonable period.
14.4. Acceptance of the work or payment of a final invoice does not waive latent defects, fraud, applicable statutory rights or claims that cannot lawfully be waived.
14.5. Handover documents, operating instructions, certificates, manuals and warranties will be supplied where included in the scope or required by law.
15. Limitation of Liability
15.1. IProjex will be responsible for loss or damage to the extent that it is legally attributable to IProjex's breach of contract, negligence, unlawful conduct or other actionable failure.
15.2. To the maximum extent permitted by applicable law, IProjex will not be liable for indirect or consequential losses that were not reasonably foreseeable or are otherwise lawfully excludable, including certain losses of profit, revenue, business opportunity or business interruption.
15.3. No limitation in these Terms excludes or restricts liability where doing so would be unlawful, including any non-excludable liability under applicable consumer-protection, product-liability, occupational health and safety or other legislation.
15.4. Where legally permissible and expressly agreed in a project-specific contract, the parties may establish a reasonable monetary limit on liability that reflects the nature, value and risk of the particular project. No general monetary cap applies unless expressly agreed in writing and legally enforceable.
15.5. Nothing in this section prevents a party from pursuing a lawful claim against another person who is independently responsible for the relevant loss.
16. Insurance and Risk Management
16.1. IProjex will maintain insurance required by law and any additional insurance expressly undertaken in the project agreement.
16.2. Any representation about public liability insurance, contractor's all-risk insurance, professional indemnity insurance, workers' compensation or other cover must accurately reflect the policies actually held, their insured parties, limits, exclusions and periods of cover.
16.3. On reasonable request, IProjex may provide available evidence of relevant insurance, subject to confidentiality and the insurer's requirements.
16.4. Insurance does not replace the parties' contractual or statutory obligations, and the existence or extent of cover does not by itself determine legal liability.
16.5. The Client should maintain suitable insurance for its property, existing structures, equipment and other risks for which the Client is responsible.
17. Compliance, Registrations and Professional Certifications
17.1. IProjex will comply with the registrations, licences, permits, qualifications, standards and regulatory requirements applicable to the particular services it undertakes.
17.2. Where a project requires a registered professional, authorised installer, statutory inspection, municipal approval, certificate of compliance or other formal authorisation, the parties must identify the relevant requirement and establish who is responsible for obtaining it.
17.3. IProjex will not represent that it holds a registration, licence, accreditation, certification or insurance policy unless that status has been verified and is current.
17.4. Where registration or approval is required by law, work will not be undertaken in a manner that unlawfully bypasses that requirement.
17.5. The Client must not treat these Terms as proof that IProjex is registered with the National Home Builders Registration Council (NHBRC), the Construction Industry Development Board (cidb), a professional council, a municipality or any other authority.
17.6. The applicable requirements depend on the actual work. For example, home-building requirements may differ from requirements for other construction work, public-sector projects or specialist regulated installations.
18. Cancellation and Termination
18.1. A Client wishing to cancel a project must give written notice.
18.2. Cancellation charges, if any, must be reasonable, contractually supported and consistent with applicable law. They may take account of work properly completed, materials specially ordered, non-refundable third-party commitments and reasonable unavoidable costs.
18.3. Any amount payable on cancellation must be calculated fairly, with appropriate credit for costs saved and amounts already paid.
18.4. IProjex may terminate or suspend an agreement for a material breach that remains unremedied after written notice and a reasonable opportunity to remedy it, subject to any applicable statutory requirements.
18.5. If a party becomes unable to continue performing the agreement, the parties must reasonably cooperate to secure the site, protect completed work, account for payments and arrange an orderly close-out.
18.6. Nothing in this clause removes a consumer's statutory cancellation rights or any cooling-off right that applies to the transaction.
19. Complaints and Dispute Resolution
19.1. Complaints must be submitted in writing to [Insert IProjex complaints email address], with the relevant quotation or invoice number and supporting details.
19.2. IProjex will acknowledge and assess complaints within a reasonable period.
19.3. The parties will first attempt to resolve disputes through good-faith discussions.
19.4. Where appropriate, the parties may agree to mediation or another lawful dispute-resolution process.
19.5. If the dispute cannot be resolved, either party may pursue the remedies available under South African law before a competent forum.
19.6. Nothing in these Terms prevents a consumer from approaching a competent regulator, ombud, tribunal or court where legally entitled to do so.
20. Intellectual Property, Drawings and Designs
20.1. Unless otherwise agreed in writing, intellectual property in IProjex's original drawings, designs, proposals, methods, documents and other original work remains with the party legally entitled to it.
20.2. The Client may use project documents supplied by IProjex for the purpose for which they were prepared, subject to the applicable agreement.
20.3. The Client must not reproduce, distribute or use confidential project documents for unrelated projects without the necessary permission, except where permitted by law.
20.4. The Client warrants that it has the necessary rights or permissions for designs, drawings, photographs, specifications and materials supplied to IProjex.
21. Photographs and Project Records
21.1. IProjex may retain reasonable project records, including photographs of work in progress, completed installations, defects and safety-related matters, for administration, quality assurance, warranty assessment and dispute resolution.
21.2. Photographs identifying the Client, occupants, private belongings, security arrangements or identifiable personal information will not be used publicly for marketing without an appropriate lawful basis and any consent required by law.
21.3. Personal information will be processed in accordance with applicable privacy and data-protection requirements.
22. Confidentiality and Personal Information
22.1. Each party must take reasonable steps to protect confidential information received from the other party.
22.2. IProjex will process personal information in accordance with applicable South African data-protection legislation, including the Protection of Personal Information Act, 2013 (POPIA), where applicable.
22.3. Information may be disclosed where reasonably necessary to perform the agreement, engage authorised service providers, comply with law, enforce legal rights or respond to a legitimate safety or regulatory requirement.
22.4. A separate privacy notice may provide further information about the personal information collected, the purposes of processing, retention periods and the rights of data subjects.
23. General Provisions
23.1. These Terms must be read together with the accepted quotation, project agreement and applicable project documents.
23.2. Any amendment or waiver must be recorded in writing and authorised by the relevant parties, except where the law permits otherwise.
23.3. If any provision is found invalid or unenforceable, it will be severed or limited only to the extent necessary, without invalidating the remaining provisions.
23.4. A failure to enforce a provision immediately does not automatically constitute a waiver of that provision.
23.5. Neither party may transfer its contractual rights or obligations where doing so would breach the agreement or applicable law.
23.6. These Terms are governed by the laws of the Republic of South Africa.
23.7. The parties submit to the jurisdiction of a competent South African court, subject to mandatory jurisdictional and consumer-protection provisions.
24. Statutory Rights and Mandatory Guarantees
Nothing in these Terms is intended to exclude, restrict or waive any right or obligation that cannot lawfully be excluded, restricted or waived.
Where applicable, statutory consumer guarantees, product-liability rules, construction and housing requirements, occupational health and safety obligations and other mandatory legal protections remain in force.
A contractual workmanship guarantee is additional to, and does not automatically replace, any applicable statutory warranty or remedy.
25. Acknowledgement of Site Risks
Construction, installation, fabrication, renovation and repair activities may involve risks associated with machinery, tools, electricity, working at height, falling objects, dust, noise, moving vehicles, existing structures and other site conditions.
The Client must ensure that persons under its control comply with reasonable site safety instructions and stay out of restricted work areas.
Any specific material or unusual risk requiring formal notice or acknowledgement must be separately identified and brought to the attention of the affected person in the manner required by law. A general acceptance of these Terms does not replace any legally required risk notice, acknowledgement or consent.
26. Contact Details
For quotations, warranty claims, complaints, project enquiries and other contractual matters, please contact:
IProjex
Registered legal name: [Insert legal name]
Physical address: [Insert address]
Email: [Insert email address]
Telephone: [Insert telephone number]
Website: https://iprojex.co.za/
End of Terms and Conditions