Terms & Conditions

1. The service and your agreement

WorkTanx is a workflow, project-tracking and costing tool for individuals, homes, workshops and teams, supplied by Whack Art and Design CC (registration number 2008/127838/23) ("Whack Art and Design", "we", "us"). You contract with Whack Art and Design for use of the service; purchases are resold by Paddle as described below. These terms bind you when you tick the acceptance box during sign-up or checkout, or otherwise expressly accept them in WorkTanx. If you do not accept these terms, you may not use WorkTanx. If you accept these terms on behalf of an organisation, that organisation is our customer and is bound by these terms ("you"), and you warrant that you are authorised to bind it. If you are not so authorised, you are personally bound by these terms. You must be at least 18 years old and legally able to enter into this agreement. You are solely responsible and liable for all use of WorkTanx by anyone to whom you give access, including your team members and any clients to whom you give access to client pages, quotes or other features, and for ensuring that they comply with these terms.

2. Pricing, benchmarks and calculators — your responsibility

WorkTanx may provide market benchmark rates, regional starter rates, AI-read supplier prices, material and labour calculators, cost roll-ups and quote documents. These are indicative estimates for general guidance only. They are not verified for your suppliers, region, trade terms or site conditions, and may be incomplete, outdated or wrong. Benchmark and regional rates are not a recommendation of the price you should charge, and you remain free to set your own prices.

You are solely responsible and liable for checking, verifying and approving every unit cost, quantity, mark-up, calculator result and quote before relying on it or sending it to anyone. Every acknowledgment you give inside WorkTanx (when importing benchmarks, signing off your rate card or issuing a quote) confirms this responsibility.

3. Service availability and liability

WorkTanx is provided "as is" and "as available". We do not guarantee uninterrupted, timely, secure or error-free performance, and no service level or uptime commitment applies unless agreed in a separate signed agreement. WorkTanx relies on third-party hosting, cloud infrastructure, database, email, payment and AI providers. Outages, delays, data loss or failures caused by those providers, internet or power interruptions (including load shedding), cyberattacks or other events beyond our reasonable control are not our responsibility. Keep your own copies of important records and verify results before relying on them.

To the fullest extent permitted by law, Whack Art and Design is not liable (whether in contract, delict or otherwise) for any indirect, incidental, special or consequential loss, or for any of the following, whether direct or indirect: lost profit, revenue, business or goodwill, missed client deadlines, business interruption, loss or corruption of data, cost variance, under-quoting, remake or penalty, whether arising from service downtime, third-party provider failure, pricing, rates, estimates or documents produced with or shown in WorkTanx, and even if we were advised such loss was possible.

Subject to clause 10, our total aggregate liability arising out of or in connection with these terms and the service, for all claims by you and anyone using your workspace combined, will not exceed the subscription fees paid (whether to us or to Paddle) for the affected workspace in the 3 months immediately before the event giving rise to the first claim (or R0 for free plans). Nothing in these terms excludes or limits our liability for fraud or any other liability that cannot lawfully be excluded or limited.

4. Your clients, site owners and contracts

WorkTanx records information you enter about clients, sites, contracts and payments. All contracts and obligations remain solely between you and those parties. WorkTanx is not a party to them and does not guarantee any payment, renewal, approval or reminder. Quotes, client pages and other documents you generate in WorkTanx are issued in your name and at your sole risk. You are solely responsible and liable for your dealings with your clients and suppliers, including your obligations to them under the Protection of Personal Information Act 4 of 2013 and consumer protection laws.

5. Your data, accounts and intellectual property

You retain rights to data and content you upload, and must have permission to use it. You grant us permission to host and process it as needed to provide, support, secure and improve the service. We may also use aggregated, anonymised data derived from use of the service, which does not identify you, your clients or any individual, to compile benchmark rates and to improve the service. You are solely responsible for who in your workspace has access, keeping account information accurate and sign-in details secure, and reporting unauthorised use.

You are solely liable for, and indemnify us and hold us harmless against, all claims by third parties, and all related losses, damages, costs (including legal costs on the attorney and own client scale) and expenses, arising from your content, your breach of these terms, your use of any output, any job you plan or perform, or your dealings with your clients and suppliers. If you are a consumer, this indemnity applies only to the extent that the claim arises from your wilful or negligent conduct.

Whack Art and Design retains ownership of WorkTanx and its intellectual property, including software, documentation, branding, templates, workflows, rate cards and benchmark datasets. Subject to your plan and these terms, we grant you a limited, non-exclusive, non-transferable right to use the service, not to resell or copy it. You may not sublicense the service, reverse engineer it (except to the extent permitted by law), systematically extract data from it, use it to build a competing product, or give a competitor of ours access to it. If you give us feedback or suggestions, we may use them freely without any obligation to you.

Personal data is handled as described in our Privacy Notice. Your workspace content stays confidential to your workspace; access by our personnel and service providers is limited to what is necessary to provide, support or secure the service, and they are bound by confidentiality obligations. Where we process personal information on your behalf, we do so as your operator under the Protection of Personal Information Act 4 of 2013: we will process it only to provide the service or as required by law, treat it as confidential, maintain appropriate, reasonable security measures to protect it, and notify you if we have reasonable grounds to believe that it has been accessed or acquired by an unauthorised person.

Where the UK General Data Protection Regulation or the EU General Data Protection Regulation applies to personal information that we process on your behalf, we act as your processor under that regulation, on the processing terms in this clause 5. Where that regulation requires additional written processor terms, we will agree them with you on request through our Contact Us page.

6. Payments, subscriptions and refunds

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. We provide support for the service itself.

Paddle’s Buyer Terms govern payment, billing, taxes, subscription renewal, cancellation and refund mechanics. The selected plan, billing frequency and price are shown at checkout. Paid plans renew automatically until cancelled. If you ask us to start a paid plan immediately, you consent to the service beginning before the end of the 7-day cooling-off period referred to in section 44 of the Electronic Communications and Transactions Act 25 of 2002 or, if you are a consumer resident in the UK or the EEA, before the end of the 14-day withdrawal period under the laws of your country of residence, and you acknowledge that if you then withdraw you may have to pay for the service provided up to that point. Our Refund Policy explains how to request a refund.

Plan limits, prices and features may change with at least 30 days' notice, and you may cancel before a change takes effect. Unpaid or cancelled workspaces may become read-only; cancelling does not automatically delete your records, but we may delete them 90 days after cancellation, after giving you an opportunity to export them.

7. Acceptable use and AI assistance

Do not use WorkTanx unlawfully or for fraud, spam, harassment, hate speech or infringement of anyone’s intellectual property. Do not upload malware, probe security, scrape the service without permission, interfere with others’ access or circumvent access controls.

AI assistance, including Tanko and supplier-quote reading, may produce inaccurate or incomplete results. It is not regulated financial, legal or other professional advice. You are responsible for your prompts, having rights to all inputs, verifying outputs and how you use them. You retain your rights in inputs; any rights in outputs are yours to the extent permitted by law, but outputs may not be unique or eligible for protection. AI features use third-party AI providers, which may process your inputs outside South Africa.

Tanko-generated tanks, tasks, checklists, workflows and any suggested costs are non-binding guidelines only, not verified job specifications, safety certification or professional advice. You must review and adapt them to the actual job, verify safety, permits, dimensions, quantities, costs and legal requirements, and obtain qualified advice where needed. You retain sole responsibility and liability for job planning and execution. To the fullest extent permitted by law, WorkTanx and Whack Art and Design accept no liability for reliance on AI-generated suggestions, job execution, injury, loss, damage or costs arising from them. Nothing excludes mandatory rights or liability that cannot lawfully be excluded.

Do not use AI features for illegal content, deceptive deepfakes, hate speech, malware, bypassing safeguards or infringing others’ rights. We may refuse or filter outputs, remove or restrict content and suspend access for misuse. Rights holders can report infringement through our Contact Us page, identifying the work, the disputed content and their contact details. We may remove or disable access to any content that is the subject of a notice, without liability to you; repeated or serious infringement may result in termination.

8. Suspension or termination

We may suspend or terminate access for a material breach, non-payment, security or fraud risk, or repeated or serious policy violations. Where appropriate and lawful, we will give notice and an opportunity to resolve the issue. Access restrictions do not remove obligations already incurred.

You may cancel your subscription at any time in your workspace settings or through Paddle. Cancellation takes effect at the end of your current billing period, and fees already paid are not refundable except as stated in our Refund Policy or as required by law.

We may discontinue WorkTanx, or any plan, on at least 60 days' notice by email and in WorkTanx. If we do so, you may export your content before the discontinuation takes effect, and we will refund, or procure that Paddle refunds, any fees you have prepaid for the period after it takes effect. We will have no other liability to you for the discontinuation.

Clauses 2, 3, 5, 7, 10, 11 and 12, and any other provision that by its nature is intended to survive, continue to apply after your access ends or these terms terminate.

9. Changes and contact

We may change these terms for a valid reason, including a change in law, in security requirements or in the features of the service. We will give you at least 30 days' notice of any material change by email and in WorkTanx. If you do not agree to a material change, you may cancel your subscription before it takes effect. A material change applies to you once you have accepted it in WorkTanx, and we may restrict your access to WorkTanx until you do so. Other changes take effect on publication. The current version and its effective date appear on this page; previous versions are available on request through our Contact Us page.

For questions about the service or these terms, contact Whack Art and Design through the Contact Us page. Whack Art and Design CC is registered in South Africa under registration number 2008/127838/23; its sole member is Reg Pakari. Legal notices must be sent through the Contact Us page (choose “Legal Notice”); our physical address for the service of legal documents will be provided promptly on request through the same page.

10. Your consumer rights

If you are a consumer to whom the Consumer Protection Act 68 of 2008 or Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 applies, nothing in these terms limits any right you have under those Acts, and each provision of these terms is to be read as limited to the extent necessary to comply with them. If you have a fixed-term subscription, you may cancel it on 20 business days' notice, subject to any reasonable cancellation charge permitted by law, and we will notify you before it renews as that Act requires.

If you are a consumer resident in the United Kingdom or the European Economic Area, you also have the benefit of the mandatory consumer protection laws of your country of residence, and nothing in these terms limits those rights.

11. General

These terms are governed by the laws of the Republic of South Africa. Subject to any mandatory right of a consumer to approach a forum of its choice, you consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg, and to the jurisdiction of any magistrate's court having jurisdiction in terms of section 45 of the Magistrates' Courts Act 32 of 1944. If you are a consumer resident in the United Kingdom or the European Economic Area, this choice of law does not deprive you of the protection of the mandatory laws of your country of residence, and you may also bring proceedings in the courts of that country.

If a dispute arises, either party may refer it to a senior representative of the other, and the parties will try in good faith to resolve it within 15 business days. If you use WorkTanx for business purposes, you must institute any claim against us within 12 months after the event giving rise to it.

You agree to receive notices and other communications from us electronically, by email to the address on your account or in WorkTanx. You must deliver any legal notice to us as described in clause 9.

These terms, together with our Privacy Notice, Refund Policy and Paddle's Buyer Terms, are the whole agreement between you and us about the service. If any provision of these terms is unenforceable, it will be severed and the remaining provisions will remain in effect. No relaxation or indulgence that we grant will be a waiver of our rights. You may not cede or assign your rights or obligations without our written consent. We may cede and assign our rights and obligations to a company in our group or to a purchaser of all or part of our business, on notice to you.

12. Third-party suppliers, specials and trademarks

All third-party brand names, logos and trademarks displayed in WorkTanx are the property of their respective owners. Supplier banners, promotional specials, gift allocations and product specifications are displayed for informational and promotional convenience only. Whack Art and Design is not an agent, reseller or guarantor of any featured supplier or advertiser. All supplier products, warranties, pricing and stock availability remain strictly subject to that supplier's independent terms of sale. Neither WorkTanx nor any featured supplier accepts liability for estimates, quotes, material selections or commercial decisions made using the service.