T&Cs

Definitions

IN these terms and conditions, unless the context requires otherwise the words below means the following:

Freelancer- someone who sells services to different employers without a long-term contract with any of them.
Employer a person or firm that employs freelancer.
Body corporate- means anybody corporate association applicable to the App.
Administration- a method of tending to or managing the affairs of some group of people.eg. freelancer and employers.
Business day- means any day other than Saturday, Sunday or official holiday in south Africa.
CPA- means the consumer protection act 68 of 2008.
Payment- means the amount payable by the employer to the administration office prior for a freelancer to begin the service.
Direct marketing- means to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any good or service to the person or requesting the person to donate to any kind for any reason.
ECTA- electronic communications and transaction act.
POPIA- means the protection of personal information act of 2013, once all its sections are fully operational.
Personal information- has the meaning ascribed to it in section 1 of POPIA.
Effective cause- means the main reason for the employer entering these terms and conditions
Initial period- means the term of these terms and conditions, excluding any renewals periods.
The terms and conditions- means these agreements together with all its schedules as amended from time to time.
Material breach- means any breach of these terms and conditions.
Parties- means the freelancer, employer and administrator.
Service fee- means the amount of money that is paid by employer for a service.
Royalty fee- the 12% of money that is deducted from service fee to pay the administrator.
Rules- means any applicable body corporate including any amendments there to as implemented from time to time.
Sign- means a handwritten or advanced electronic signature as defined by the electronic communications and transactions act 25 of 2002.
Signature Date- means the date of signature of this lease agreement by the last party signing.
Drinking- means the use of alcohol.
Specific performance- means the fulfilment of either party's obligations in terms of these terms and conditions.
Termination date- means the date of termination for terms and conditions for any reason whatsoever.
VAT act- means the value-added tax act 89of 1991.
VAT- means the value-added tax imposed in terms of the vat act, including any similar tax.
Vehicles- means mobile machine that moves people or services and goods.
Writing- any mode of reproducing information or data in physical for and include hard copy printouts, handwritten documents, and facsimile transmissions, together with information or data in electronic form.
EEA- means Employment equity act this was created to achieve in the workplace.

INTERPRETATION

Any reference in these terms and conditions.

A clause- is subject to any contrary indication, a reference to clause of the main body of these terms and conditions.
An item- is subject to any contrary indication a reference to an item in the schedule to these terms and conditions.
Law- means any law including common law, statute, by-law, order or any other measure of the government, local government, statutory or regulatory body or court having legal authority.
Where a word or expression is given a particular meaning other part of speech and grammatical forms of that word or expression have a corresponding meaning.
The heading do not govern or affect the interpretation of these terms and conditions.
If any provision in a definition confers rights, or imposes obligations on any party, effect is given to it as a substantive provision of these terms and conditions.
Unless the context indicates otherwise, an expression which do notes any gender includes the other gender, reference to a natural person includes the plural, and the plural includes the singular.
Any number of days prescribed in these terms and conditions excludes the first day and includes the last day.
The words including and in particular are without limitation.
Any reference to legislation is to that legislation as at the signature date, as amended or replaced from time to time, and includes all regulations and schedules to such legislation.
Any references to a document or instrument includes the document or instrument as ceded, Delegated, novated, altered, supplemented or replaced from time to time.
A reference to a party includes that party's successor's in tittle and permitted assigns.
A time of day is a reference to that particular time.
The rule of interpretation that, in the event of ambiguity, the contract or terms and conditions must be interpreted against the party responsible for the drafting of the contract does not apply.
The cancellation or termination of these terms and conditions does not affect those of its provisions which expressly provide that they will operate after cancellation or termination, or which must continue to have effect after cancellation or termination or, which must be implication or by their nature continue to have effect after cancellation or termination.
No provision in these terms and conditions is intended to contravene or limit any applicable provisions of CPA, POPIA and EEA.

TERMS AND CONDITIONS

The administrator permits freelancers to be hired by employers on this App or website in terms of these terms and conditions.
The administrator permits employers to hire freelancers on this App or website in terms of these terms and conditions.

Terms of these terms and conditions.

These terms and conditions will endure for the initial period set out and will commence and become effective from the date of signature of these terms and conditions and terminated earlier in accordance with its terms.
The freelancer and employer specifically acknowledge and agrees that, should he not be able to make use of the App or website before the date set out.
Any circumstance that arises which is not as direct result of any negligent act or omission by the administrator. (Then and in such events the administrator shall not be liable for any damages suffered by freelancer or employer and either freelancer or employer shall have no claim whatsoever against the administrator)

Use of the App or website

The freelancer or employer will only use this App or website as a place of sharing information and communicating about the job and shall not be entitled to use the App or website for purpose of conducting any other business without first obtaining the consent of the administrator in writing.
Furthermore, it is specifically acknowledged and consented to by the freelancers and employers that the App and website shall be used only for purposes of sharing information and about the job.

App and website corporate rules and regulations

The employer and freelancer undertake to read and familiarize himself with any rules and regulations.
It is specifically recorded that the rules are an essential part of these terms and conditions and that any breach of the rules constitutes a material breach of these terms and conditions.
For any use of offensive language between employers and freelancer will be regarded as a breach of law, and in terms of this offence a freelancer or employer will have to sign a petition.
Within this App or website, it is not acceptable for an employer or freelancer to have a multiply account.
Age restriction is applicable to the freelancer, as the Basic Conditions of Employment Act (BCEA)founds it as a criminal offence to employ a child under 18 years.
Any penalties and/ losses which the administrator may be liable for as a result of the freelancer breaching the rules and regulations may fees be deducted from the payment made by an employer or claimed from the freelancer as contemplate.
In the event that there is any discrepancy between the rules and government/ municipal bylaws, then the government/ municipal shall take precedence over any rules.

Payment method rules and regulations

Payment is the amount of money that is paid by employer to the administrator which and accepted by employer through a bid.
In the event that the employer makes payment, then the bid will direct him/ her to actually communicate with freelancer and get the job done.
If the employer decides does not want the job to be done after payment, the 12% of royalty fee will still be deducted to pay the administrator .
If the freelancer decide not to do the job after payment, will be paid to the administrator.
The administration banking details are set out on the App and website.
The payment will be made only via card system/ electronical payments
The employer must:

-Ensure that payment clears the administrators nominated bank.

-Confirm with administrator that payment has been received.

-Repay the administrator for any charges resulting from any payment made by employer.

The freelancer will be charged 5% as late payment penalty on any overdue tasks.
The 5% late payment penalty will be paid back to the employer.
The payment after bidding cannot be reduced by the employer for any reason whatsoever.
The royalty fee will increase in percentage under the administrator.

Charges by administrator

12% of royalty fee will be deducted from the amount of money paid by employer to the administrator for freelancer.
The vat will be included in the charges of the employer.
When the employer arranges for any job to the freelancer within the App or website, the employer must pay the administrator within 7 work days.
The freelancer acknowledges that the administrator may at anytime provide a printout of the employers pay slip for the job done by freelancer.

Liability of the parties

The parties will not be held liable for any loss or damage suffered as a result of badly injury, death or illess, unless it occurred as result of gross negligence on the part of a party or as result of contravention of any laws.
Should either part suffer any loss a result of a natural disaster, or other incident beyond the control of the other party, it is hereby agreed that such party will, in no way be entitled to a claim for damages as a result of such incident from the other party. In the event that a natural disaster, or any other incident beyond the control of either party, render performance by either party impossible, these terms and conditions shall terminate immediately and neither party shall have any claim of damages against the other party.
In the event of a burglary to the premises:

-Any damage to the employer's premises during the Freelancer's timeframe, caused by the illegal access of the premise by persons other than the freelancer, shall be for the account employer or the employer's insurance company.

Any damage suffered as a result of theft to either party shall be for the account of that party shall be for the account of that party.

Breach of these terms and condition

In the event of the administrator haven't paid in the terms and condition then, CPA

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