KONSTRUCTIVE™
Construction Administration
These terms are written to be read, not to be survived. If anything here is unclear, ask us at build@konstructive.africa before you agree to it.
Konstructive™ is operated by Kelo Group (Pty) Ltd, registration number 2014/207858/07, a company incorporated in South Africa with its place of business in Johannesburg, Gauteng. In these terms, "we", "us" and "our" mean Kelo Group (Pty) Ltd trading as Konstructive™.
"You" means the organisation that opens the account. If you accept these terms on behalf of a company, close corporation, trust, partnership or sole proprietorship, you confirm that you are authorised to bind that organisation, and "you" means that organisation rather than you personally.
These terms, together with the privacy policy, form the whole agreement between us about the service. They replace anything said in a meeting, on a call, on WhatsApp or elsewhere on our website.
Konstructive™ is software for recording and administering construction projects. It records site instructions, requests for information, variation orders, payment certificates, snags, site diaries, budgets, milestones and related project information, and it produces documents and reports from what you record.
Konstructive is a record, not a professional. We do not provide legal advice, construction advice, engineering advice, quantity surveying advice, health and safety advice or financial advice. Nothing the software produces is a professional opinion or a substitute for one.
You remain fully responsible for your own compliance with the building agreement, the Occupational Health and Safety Act and the Construction Regulations, the requirements of the Construction Industry Development Board, the National Home Builders Registration Council, your local authority and any other law or standard that applies to your work. Any prompt, checklist, gate, warning or template in the software is a convenience. It is not a determination that you are compliant.
Where the software allows a compliance step to be overridden, the override is recorded with the name of the person, the reason and the date, and it appears on the printed record. Using an override is your decision and your responsibility.
Documents and evidence packs generated by Konstructive™ are produced from the information you enter. We do not warrant that the Construction Industry Development Board, the National Home Builders Registration Council, a client, a principal agent, a funder, an adjudicator, an arbitrator or a court will accept them, grade you, upgrade you, pay you or decide in your favour. Whether a record is sufficient depends on the accuracy and completeness of what you recorded, and on the rules of the body assessing it.
An account belongs to an organisation, even where that organisation is one person. The person who creates the account becomes the owner of the organisation.
You can invite other people to a project and give each of them a role. Roles control what a person can see and do. An invitation link is valid for a limited period and can be used once.
All project information you and your team enter, and all documents generated from it, belong to you. We do not claim ownership of it, and we do not sell it.
You give us permission to store, process, back up and display that information only so far as is necessary to provide the service to you, to support you when you ask for help, to keep the service secure, and to comply with the law.
We may produce anonymous, aggregated statistics about how the service is used, for example how many projects are running or how often a module is opened. Such statistics never identify you, your organisation, your clients, your projects or your commercial information.
You should know that Kelo Group (Pty) Ltd also carries on a construction and property consultancy business under a separate trading name. That business may compete with you, may be appointed alongside you, or may be on the other side of a contract from you.
We undertake the following, and it is a term of this agreement rather than a reassurance.
If you would prefer that we never access your data even for support, tell us in writing and we will note it on your account. Understand that this will limit the help we are able to give you.
A free trial runs for 30 days from the day you create your account. It gives you the full features of the service on one live project, and no payment card is required. Demonstration projects are provided as worked examples and are clearly marked as such.
When the trial ends and you have not subscribed, your account becomes read-only as described in clause 9. You are not charged automatically, and we will never take money from you without a subscription you have agreed to.
We do not lock you out of your own records. This is deliberate, and it is a term of this agreement.
| Stage | What happens |
|---|---|
| Payment due date passes | Nothing changes. You have a grace period of 7 days. |
| Grace period ends | Your account becomes read-only. You can still sign in, read, search, print and export everything. You cannot create new records or start new projects. |
| You pay | Full access is restored. |
We may recover amounts properly owing to us, and we may charge interest on overdue amounts at the rate prescribed under the Prescribed Rate of Interest Act.
Once a project is completed and closed in the software, its record is kept and remains available to you to read, print and export at no charge, for as long as we operate the service, whether or not you hold a paid subscription at the time.
We make this commitment because a completed project record is your evidence of work done, and you may need it years later for a grading application, a claim, an audit or a dispute. It would be wrong to hold it hostage.
If we ever cease to operate the service, we will give you at least 90 days' written notice and a means to export your data in full before it is closed.
You can export your data at any time while you have access to your account, including while your account is read-only. On written request we will provide a complete export of your organisation's data in a commonly usable format within 30 days.
We work to keep the service available and take reasonable steps to do so, but we do not guarantee uninterrupted availability. The service may be unavailable for maintenance, for reasons within a supplier's control, or for reasons outside anyone's control. We will give reasonable notice of planned maintenance where we can.
Setup, configuration, data migration and training are separate consultancy services, quoted and charged separately. They are not included in a subscription.
You may use Konstructive™ for your own construction projects and for projects you are appointed on. You may not:
Security research is welcome if it is responsible. Report anything you find to build@konstructive.africa before disclosing it anywhere else, and do not access or alter data that is not yours.
The software, its interfaces, its documentation, the KAF-001 framework, the name Konstructive™, the K device and the phrase "Plan Better. Manage Smarter. Build Sustainably." belong to Kelo Group (Pty) Ltd. Nothing in this agreement transfers any of it to you. You receive a limited, non-exclusive, non-transferable right to use the service while this agreement is in force.
If you send us feedback or a suggestion, we may use it to improve the service without owing you anything for it. We will not identify you as its source without your permission.
You may cancel at any time, with effect from the end of the period you have paid for. We do not refund a part-used period unless the law requires it.
We may suspend or end your access where you breach these terms materially and do not remedy the breach within 14 days of our written notice, where your use threatens the security or stability of the service, or where the law requires it. Where the risk is immediate, we may suspend first and explain immediately afterwards.
If this agreement ends, clause 10 still applies to your completed project archive, and you keep the right to export under clause 11 for at least 90 days.
We provide the service with reasonable skill and care. Beyond what is set out in these terms and beyond what the law requires, the service is provided as it is, and we give no other warranty, express or implied.
We are not liable for loss of profit, loss of a contract, loss of a tender, loss of a claim, loss of goodwill, or indirect or consequential loss of any kind, however it arises.
Our total liability to you for all claims arising in any 12 month period is limited to the fees you actually paid us in the 12 months before the event giving rise to the claim. Where you have paid us nothing, our total liability is limited to R1,000.
Nothing in this clause limits liability for fraud, for wilful misconduct, for death or personal injury caused by our negligence, or for anything that cannot lawfully be limited.
You are responsible for the accuracy of what you and your team record. We are not liable for a decision made, a payment certified, a claim lost or an application refused on the basis of information that was entered incorrectly, incompletely or late.
Where the Consumer Protection Act 68 of 2008 applies to you, nothing in these terms limits, excludes or waives any right you have under that Act, and any provision that would do so does not apply to you to that extent.
We may change these terms. Where a change materially affects your rights, we will give you at least 30 days' notice by email and publish the new version here with a new version number and date. If you do not accept the change, you may cancel before it takes effect. Continuing to use the service after that date means you accept the change.
We intend to incorporate a separate company, Konstructive (Pty) Ltd, wholly owned by Kelo Group (Pty) Ltd, to operate the service. You agree that we may cede and delegate this agreement, in whole, to that company on written notice to you and without needing your further consent, provided the terms are not changed to your disadvantage by the transfer. You may not cede your rights under this agreement without our written consent, which we will not withhold unreasonably.
We will send notices to the email address on your account. You should send notices to build@konstructive.africa. Keeping your email address current is your responsibility.
This agreement is governed by the law of the Republic of South Africa. If a dispute arises, both of us agree to try in good faith to resolve it in a discussion within 15 business days before taking any other step. Failing that, we consent to the jurisdiction of the Magistrates' Court having jurisdiction, without limiting the right of either of us to approach a higher court where the matter warrants it.
| Registered name | Kelo Group (Pty) Ltd |
|---|---|
| Registration number | 2014/207858/07 |
| Trading as | Konstructive™ |
| Place of business | Johannesburg, Gauteng, South Africa |
| build@konstructive.africa | |
| Website | konstructive.africa |
| Director | Lindiwe Vilakazi |