1.1 “advertised skills” – means the skills which the freelancer can advertise on the freelancer’s profile in accordance with these terms and conditions
1.2 “bank charges” – means the 6% charge charged by the company acting as the payment facilitator between the hirer and the freelancer and will be payable by the hirer and the freelancer.
1.3 “bronze hirer package” – means a hirer package which will include 2 job posts for the hirer and will cost an amount of R59.00 including VAT
1.4 “bronze freelancer package” – means a freelancer package which will include 50 credits (5 bids) for the freelancer and will cost an amount of R199.00 including VAT
1.5 “commencement date” – means the date on which you as a freelancer accepted these terms and conditions and consented to disclosure of your personal information notwithstanding the conclusion of any agreement with any prospective hirer thereafter.
1.6 “company” – means Malander Placements (Pty) Ltd, (Registration Number: 2017/328832/07);
1.7 “company’s service” – means the services provided by the company on the website to both the freelancer and the hirer in order for both parties to conclude projects
1.8 “content” – means the textual, visual or aural content that is encountered as part of your experience on our website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service-related material posted on the website by the freelancer.
1.9 “contract” – means any contract concluded for any project on the company’s website between the hirer and the freelancer.
1.10 “elections” – means the election by the freelancer to be bound by these terms and conditions and the election to consent to the publication of the freelancer’s personal information on the website for purposes of procuring a project and concluding a contract.
1.11 “featured services page” – means the webpage found at https://freelancemagnet.com/featured-services/ on the website and will feature the services of premium members.
1.12 “fee” – means the amount payable in terms of the applicable package by the hirer.
1.13 “freelancer” – means you as an independent contractor who will be bidding on projects on the website to conduct a specific service or task as agreed upon between the hirer and the freelancer.
1.14 “gold hirer package” – means a hirer package which will include 15 job posts for the hirer and will cost an amount of R199.00 including VAT
1.15 “gold freelancer package” – means a freelancer package which will include 300 credits (30 bids) for the freelancer and will cost an amount of R599.00 including VAT
1.16 “hirer” – means any member of the company who has registered as a hirer and posted a prospective project on the website for which the freelancer may wish to bid.
1.17 “hirer packages” – means the selection of packages available to a hirer on these terms and conditions
1.18 “member” – means any freelancer or hirer who registers as a member on the website of the company. It will include establishing a profile along with the suitable qualifications for the freelancer.
1.19 “payment facilitator” – means the company.
1.20 “project” – means any project as posted by hirers on the website for which the freelancer can bid and from which an agreement will be concluded from time to time between the freelancer and the hirer.
1.21 “purchase price” – means the price agreed upon by the hirer and the freelancer for the completion of a project once a freelancer’s bid has been accepted by a hirer and as detailed hereinunder.
1.22 “silver hirer package” – means a hirer package which will include 5 job posts for the hirer and will cost an amount of R99.00 including VAT
1.23 “silver freelancer package” – means a freelancer package which will include 150 credits (15 bids) for the freelancer and will cost an amount of R499.00 including VAT
1.24 “user” or “you” – means the individual or entity who/which is accessing the website and making use thereof
1.25 “your service(s)” – mean the service(s) the freelancer offers to any hirer through our website to conclude any project.
1.26 “website” – means the company’s website found at: www.freelancemagnet.co.za.
- 2. WEBSITE TERMS AND CONDITIONS OF USE
2.1 This document sets out the terms and conditions (“Terms”) of the company pertaining to the access and use of the information, products, services and functions provided on the website.
2.2 Should any person that accesses the website (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.
2.3 If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms before purchasing any products or services or packages.
2.4 The company reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the website. Each time a user accesses the website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by the company from time to time. If you are not satisfied with the amended Terms, you should refrain from using the website.
2.5 The company will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
2.6 If there is anything in these Terms that you do not understand then please contact us as soon as possible -see clause 11 below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.
- 3. CONTENT OF THE WEBSITE
3.1 The company reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the website and any information or content on the website.
3.2 The company reserves the right to change and amend the products, packages, prices and rates quoted on this website from time to time without notice.
3.3 The company may use the services of third parties to provide information on the website. The company has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that the company and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
3.4 The company makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the website, including without limitation:
3.4.1 The company does not warrant that the website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. The company expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and accuracy;
3.4.2 whilst the company has taken reasonable measures to ensure the integrity of the website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
3.4.3 The company disclaims any responsibility for the verification of any claims. Information published on this website may be done so in the format in which the company receives it and statements from external parties are accepted as fact.
- 4. LINKED THIRD-PARTY WEBSITES AND THIRD-PARTY CONTENT
4.1 The company may provide links to third party websites on the website. These links are provided to the user for convenience purposes only and the company does not endorse, nor does the inclusion of any link imply the company’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
4.2 While the company tries to provide links only to reputable websites or online partners, the company cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of the company. The company is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the website.
4.3 You agree that the company shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the website. Any dealings that you may have with any linked websites, including advertisers, found on the website, are solely between you and the third-party website.
- 5. USAGE RESTRICTIONS
5.1 The user hereby agrees that they shall not itself, nor through a third party:
5.1.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
5.1.2 decompile, disassemble or reverse engineer any portion of the website;
5.1.3 write and/or develop any derivative of the website or any other software program based on the website;
5.1.4 modify or enhance the website. In the event of a user effecting any modifications or enhancements to the website in breach of this clause, such modifications and enhancements shall be the property of the company;
5.1.5 without the company’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the website by persons other than the user;
5.1.6 remove any identification, trademark, copyright or other notices from the website;
5.1.7 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
5.1.8 notwithstanding anything contained to the contrary in these Terms, use the website for any purpose other than personal, non-commercial and information purposes.
- 6. SECURITY
6.1 In order to ensure the security and reliable operation of the services to all the company’s users, the company hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
6.2 You may not utilise the website in any manner which may compromise the security of the company’s networks or tamper with the website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should the company suffer any damage or loss, civil damages shall be claimed by the company against the user.
6.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by the company and its affiliates, agents and/or partners.
- INTELLECTUAL PROPERTY RIGHTS
7.1 For the purpose of this clause, the following words shall have the following meanings ascribed to them:
7.1.1 “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by the company, now or in the future, including without limitation, the company’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
7.2 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the website (“proprietary material”), are the property of, or are licensed to, the company and as such are protected from infringement by local and international legislation and treaties.
7.3 By submitting reviews, comments and/or any other content (other than your personal information) to the company for posting on the website, you automatically grant the company and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
7.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this website is granted to you.
7.5 Except with the company’s express written permission, no proprietary material from this website may be copied or retransmitted.
7.6 Irrespective of the existence of copyright, the user acknowledges that the company is the proprietor of all material on the website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
7.7 The company authorises you only to view, copy, temporarily download to a local drive and to print the content of this website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
- RISK, LIMITATION OF LIABILITY AND INDEMNITY
8.1 The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
8.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall the company be liable for any loss, harm, or damage suffered by the user as a result thereof. The company reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should the company deem it necessary.
8.3 To the extent permissible by law:
8.3.1 Neither the company, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if the company knows or should reasonably have known or is expressly advised thereof.
8.3.2 The liability of the company for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to the company rectifying the malfunction, within a reasonable time and free of charge, provided that the company is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of the company. However in no event shall the company be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
8.3.3 You hereby unconditionally and irrevocably indemnify the company and agree to hold the company free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the company or instituted against the company as a direct or indirect result of:
18.104.22.168 your use of the website;
22.214.171.124 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of the company;
126.96.36.199 your failure to comply with any of the terms or any other requirements which the company may impose from time to time;
188.8.131.52 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
184.108.40.206 any unavailability of, or interruption in, the service which is beyond the control of the company.
8.4 The company makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against the company for any loss suffered by you, as a result of information supplied by the company being incorrect, incomplete or inaccurate.
9.2 Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymised information.
9.3 Your use of our services signifies your consent to us collecting and using your personal information as specified below.
9.4 How we collect information about you:
9.4.1 Freelance Magnet collects information from you in two ways: directly from your input and automatically from your user once you register an account.
9.4.2 Information you send to us by posting to a forum or blog or in your advertisement, is stored on our servers. We do not specifically use that information except to allow it to be read, but you will see in our terms and conditions that we reserve a right to use it in any way we decide.
9.5 How we use your information:
9.5.1 This includes basic identification and contact information, such as your name and contact details and also includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our client. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.
- This information is used:
- to provide you with the services which you request;
- for verifying your identity for security purposes;
- for marketing our services and products;
- information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.
9.7 We keep information, which forms part of our business record for a minimum of six years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.
9.8 How long do we keep your information for:
9.8.1 The time periods for which we keep your information may vary according to the use or purpose attached to the information, unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
9.9 Disclosing your information to third parties:
9.9.1 We may also disclose your personal information to third parties in the following circumstances:
- If we sell or buy any business or assets, in which case we may need to disclose certain personal data to the prospective seller or buyer of such business or assets.
- If all or most of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce any legal agreement we have with you; or to protect our rights or property, or the safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Cookies’ are small files of information that are directly sent to your device and are stored on its hard drive to allow our websites to recognise you whenever you visit. We allocate cookies once you visit the website. The main purpose of a cookie is to identify users and possibly prepare customized Web pages or to save site login information for you.
9.12 How can you refuse or opt out of cookies?
Most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all. Go to this link to get instructions on how to opt out at https://freelancemagnet.com/cookie-policy-opt-out/
9.13 How can you manage your privacy preferences?
If you’d like us to stop processing your information for marketing purposes, please write to us at the address set out below email@example.com
10.1 By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by the company. You shall notify the company should you discover any loss or unauthorised disclosure of the information.
10.3 Any information or material sent to the company will be deemed not to be confidential, unless otherwise agreed in writing by the user and the company.
- BREACH OR CANCELLATION BY THE COMPANY
11.1 The company is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to The company’s right to claim damages, should any user:
11.2 breach any of these Terms:
11.2.1 in the sole discretion of the company, use the website in an unauthorised manner; or
11.2.2 infringe any statute, regulation, ordinance or law.
11.3 Breach of these Terms entitles the company to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to the company on an attorney and own client scale.
- COMPLIANCE WITH SECTION 43(1) OF ECT ACT
12.1 In compliance with section 43(1) of the ECT Act, the following is noted:
12.1.1 Full name: Malander Placements (Pty) Ltd;
12.1.2 Registration number: 2017/328832/07;
12.1.3 Physical address: 129 Patricia Road, Atholl, Sandton, 2196
12.1.4 Fax number:
12.1.5 Telephone number: 087 057 4941
12.1.6 Website address: www.freelancemagnet.co
12.1.7 E-mail address: firstname.lastname@example.org
12.1.8 Names of office bearers:
- COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this website.
Except as explicitly stated otherwise, any notices shall be given by email to support@freelancemagnet,com or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the company may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to the company. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
- GENERAL CLAUSES
15.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
15.2 The website is controlled, operated and administered by the company from its offices within the Republic of South Africa. The company makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the website from territories or countries where the content of the website is illegal is prohibited. Users may not use this website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
15.3 The company does not guarantee continuous, uninterrupted or secure access to our services, as operation of our website may be interfered with as a result of a number of factors which are outside of our control.
15.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
15.5 The company’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
15.6 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of the company.
15.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
15.8 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
15.9 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
15.10 These Terms set forth the entire understanding and agreement between the company and you with respect to the subject matter hereof.