FREELANCER TERMS AND CONDITIONS
These terms and conditions are the contract between you, the freelancer and Malander Placements (Pty) Ltd.
By signing up as a member of and utilising our website, you have agreed to be bound by these terms and conditions and have consented to your personal information being published on the website for purposes of bidding for any project and such information will solely be published on our website for this purpose and will solely be seen by the clients who would also be required to be a member of the website prior to accessing the information.
Malander Placements (Pty) Ltd is registered under company number 2017/328832/07 and incorporated in terms of the company laws of South Africa, whose registered office is at 129 Patricia Road, Atholl, Sandton.
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 package”- means a hirer package which will include 5 bids for the hirer and will cost an amount of R199.00 including VAT
1.4 “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.
1.5 “company” – means Malander Placements (Pty) Ltd, (Registration Number: 2017/328832/07);
1.6 “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
1.7 “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.
1.8 “contract” – means any contract concluded for any project on the company’s website between the hirer and the freelancer.
1.9 “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.
1.10 “featured services and services page” – means the webpage found at on the website and will feature the services of premium members. Browse Services
1.11 “fee” – means the amount payable in terms of the applicable package by the hirer.
1.12 “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.
1.13 “gold package” – means a hirer package which will include 30 bids for the hirer and will cost an amount of R599.00 including VAT
1.14 “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.
1.15 “hirer packages” – means the selection of packages available to a hirer on these terms and conditions
1.16 “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.
1.17 “payment facilitator” – means the company.
1.18 “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.
1.19 “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 herein-under.
1.20 “silver package” – means a hirer package which will include 15 bids for the hirer and will cost an amount of R499.00 including VAT
1.21 “your service(s)” mean the service(s) the freelancer offers to any hirer through our website to conclude any project.
1.22 “website” means the company’s website found at: www.freelancemagnet.co.za.
2. OUR TERMS AND CONDITIONS
2.1 The relationship between company and the freelancer is solely that:
2.1.1 company enables the freelancer to become a member of the website in order to gain access to the clients and the projects contained thereon;
2.1.2 the company enables the freelancer to bid on various projects which are posted on the website in accordance with the package it chooses;
2.1.3 the company does not charge the freelancer any fees in respect of a successful bid for a project posted by a client save for the banking charges which are applicable on their contract;
2.1.4 the company only acts as a payment facilitator for the client to the freelancer in terms of the agreement which was to be reached between the client and the freelancer;
2.1.5 the company will not be party to the aforementioned agreement and will simply act as a facilitator for the payment due to the freelancer by the client.
2.2 The freelancer agrees and undertakes to be bound by these terms and conditions as set out herein once it has become a member, has chosen a package and has exercised the elections on the website.
2.3 The freelancer is bound by and is to provide all the information required by the Electronic Communications and Transactions Act, Act 25 of 2002.
2.4 These terms and conditions are subject to change at any time and the most applicable version will at all times be posted and be available on the website and it is the freelancer’s duty to be aware of any and all changes to these terms and conditions as and when they may arise.
2.5 The company retains within its sole discretion the right to remove and revoke the freelancer’s membership to the website as a result of, but not limited to, inter alia, any complaints received from the rendering of your services to a client.
2.6 The company is not a party to any contract however the client and the freelancer will be obliged to include the company as the payment facilitator for any project and will be obliged to provide the company with a signed copy of the contract prior to any service being provided or payment being made.
2.7 The freelancer herewith authorises the company to take any action that may reasonably be required from time to time, to protect both the freelancer and the company’s interests in connection with a beach or possible breach of the Electronic Communications and Transactions Act.
2.8 The company is in no way to be construed as the freelancer’s agent or employer or deemed employer.
2.9 The freelancer and company herewith acknowledge and agree that the company is not providing temporary employment services as defined by the Employment Services Act, Act 4 of 2014, to the freelancer or the client.
2.10 The website will provide a route for any prospective client to view the freelancer’s profile and deal directly with the freelancer directly.
3. UNDERTAKINGS BY FREELANCER
3.1 The freelancer undertakes not to to place any information on the website or on the freelancer’s profile which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to the client before the conclusion of a contract.
3.2 The freelancer undertakes to remove any information from its profile or the website that relates to a service it is no longer able to perform for any reason or on the request of the company.
4. COMPLAINTS BY CLIENTS
The freelancer agrees and undertakes that:
4.1 reply promptly and in any event no later than 48 (forty-eight) hours to any client correspondence received in respect of the project on the website by the company;
4.2 comply with all the relevant law(s) relating to all aspects of the contract concluded between the freelancer and the client.;
4.3 that should the freelancer be under an obligation to return and money and/or goods to a client for any reason, the freelancer will do so immediately in line with the cancellation and refunds policy set out on the website;
4.4 provide the company with any and all information it requires in respect of any complaint received by a client or relating to any dispute as to payment.
4.5 The company will be entitled, in its sole discretion, to remove a freelancer’s profile and revoke their membership as a result of any complaint received by the company in respect of the freelancer’s services or any project undertaken by the freelancer.
5. THE PROCEDURE RELATING TO A PROJECT AND PAYMENT
5.1 The company is not responsible for the fulfilment of the contract between the freelancer and the client.
5.2 The freelancer will have access to all the projects posted on the website by the company’s clients and will be able to bid for any projects.
5.3 If successful, the company will notify the freelancer that it has been awarded the specific project.
5.4 The freelancer and the client will thereafter enter into negotiations with each other and conclude a contract.
5.5 The freelancer agrees and undertakes to upload a copy of the signed contract onto the website within 48 (forty-eight) hour of the last person signing the contract.
5.6 The hirer will thereafter make payment of the purchase price into the company’s nominated bank account.
5.7 The hirer will thereafter determine the relevant goals and milestones on the specific project as well as the timeline that is to be achieved by the freelancer. This will include an indication of when portions of the purchase price will be released to the freelancer as well as the final payment date. These milestones will be sent to the freelancer for approval prior to the project commencing
5.8 The hirer will inform the company when the project and the contract have been completed whereafter the purchase price will be paid by the company to the freelancer.
5.9 The freelancer agrees and undertakes to provide the company with its nominated bank account and sufficient proof thereof upon receipt of the request by the company. The company will act as the payment facilitator for the project and the client will be liable to the company for the fee and the bank charges.
6. VALUE ADDED TAX (“VAT”)
6.1 Fees and bank charges are inclusive of VAT as provided for in these terms and conditions.
6.2 The company has the right to demand any additional information from the hirer in respect of any issue relating to VAT.
6.3 The hirer and the freelancer hereby agree and undertake that it is their responsibility to include the applicable VAT amounts in the contract which is to be provided to the company as provided for herein above.
A freelancer may choose to accept one of the following packages to which the relevant terms and conditions will apply: –
7.1 BRONZE PACKAGE
If a freelancer opts for a bronze package, the freelancer will be able to make 5 bids on projects posted on the website for a cost of R199.00 (including VAT) which will be payable by the freelancer by way of EFT to the company at the election of the freelancer.
7.2 SILVER PACKAGE
If a freelancer opts for a silver package, the hirer will be able to make 15 bids on projects posted on the website for a cost of R499.00 (including VAT) which will be payable by the freelancer by way of EFT to the company at the election of the freelancer.
7.3 GOLD PACKAGE
If a freelancer opts for a gold package, the freelancer will be able to make 30 bids on projects posted on the website for a cost of R599.00 (including VAT) which will be payable by the freelancer by way of EFT to the company at the election of the freelancer.
8. FREELANCER WARRANTIES
8.1 The freelancer hereby warrants and guarantees that the services offered by the freelancer:
8.1.1 is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
8.1.2 does not offend against the law of any country whose citizens might purchase it;
8.1.3 is not intended primarily to advertise any business, except your business, so far only as it is carried on through Independent Contractor;
8.2 The freelancer warrants that the freelancer owns the copyright of any service it provides or promotes on the website (where applicable), or that the freelancer has the permission of the copyright owner:
8.2.1 to place the service the website;
8.2.2 to receive the net proceeds for the provision of such services; and
8.2.3 to defend the copyright.
9. FREELANCER’S PERSONAL INFORMATION AND CONTENT PLACED ON THE WEBSITE
9.1 If a freelancer posts any content to any public area of the website, the freelancer agrees that it becomes available in the public domain. The company and the freelancer agree that company then has no control who sees the content or what anyone does with the content.
9.2 The freelancer herewith irrevocably authorises the company to publish any feedback, comments and ratings about the freelancer’s services and activity through the website, on the website. The company agrees and undertakes that it will only publish this information on the website and no other site or public domain.
9.3 Any content that the freelancer posts on the website will remain its property and the company agree and undertakes that it has no claim over it.
9.4 The freelancer agrees and undertakes to be liable for any breach of any intellectual property rights, defamation, or any law, which may occur as a result of any content posted on the website.
9.5 The freelancer accepts all risk and responsibility for determining whether any content is in the public domain and not confidential.
9.6 The freelancer undertakes to immediately notify the company of any security breach or unauthorised use of its account or content.
10. RESTRICTIONS ON CONTENT POSTED ON THE WEBSITE
10.1 The company invites the freelancer to post content on the website for marketing your services.
10.2 The company is however under an obligation to regulate the use and content of its website in order to protect its business, staff, and clients to comply with the law.
10.3 The freelancer agrees that the freelancer will not use or allow anyone else to use the website to post content or undertake any activity which is or may:
10.3.1 be unlawful, or tend to incite another person to commit a crime;
10.3.2 be obscene, offensive, threatening, violent, malicious or defamatory;
10.3.3 be sexually explicit or pornographic;
10.3.4 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person; and
10.3.5 use a posting to solicit responses unconnected with the purpose of the website or the terms proposed by these terms and conditions.
YOUR POSTING: RESTRICTED CONTENT
11. SECURITY OF THE WEBSITE
In addition, with the restrictions set out herein-above, the company may in its sole discretion refuse or edit or remove any post which does not comply with these terms.
In addition to the restrictions set out above, a post must not contain:
11.1 hyperlinks, other than those specifically authorised by us;
11.2 keywords or words repeated, which are irrelevant to the content posted for purposes of the services or website;
11.3 the name, logo or trademark of any organisation other than the freelancer;
11.4 inaccurate, false, or misleading information; and
11.5 material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
12. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
The freelancer agrees that the freelancer will not, and will not allow any other person to:
12.1 modify, copy, or cause damage or unintended effect to any portion of the website, or any software used within it.
12.2 link to the website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a client who accessed the site by typing the URL into a standard browser;
12.3 download any part of the website, without the company’s express written consent;
12.4 collect or use any service listings, descriptions, or prices;
12.5 collect or use any information obtained from or about the website or the content posted on the website except as intended by these terms and conditions;
12.6 aggregate, copy or duplicate in any manner any of the content or information available on the website, other than as permitted by these terms and conditions or as is reasonably necessary for the freelancer to perform its services;
12.7 share with a third party any login credentials of the freelancer to the website and the freelancer agrees and undertakes that the company accepts no liability whatsoever for the unauthorised use of the freelancer’s account with the company.
13. INTERRUPTION TO THE COMPANY’S SERVICE
13.1 All Content on the website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either the company or its affiliates or suppliers.
13.2 The freelancer agrees and undertakes to not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content found on the website, in whole or in part, except as is expressly permitted in these terms and conditions or with the company’s written consent.
13.3 For the sake of good order, the freelancer should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
14. DISCLAIMERS BY THE COMPANY
14.1 The company gives no warranty that the service provided by it to the freelancer will will be satisfactory to the freelancer.
14.2 The company agrees and undertakes to do all it can to maintain access for the freelancer and client to the website, but it may be necessary for the company to suspend all or part of the service of the website for maintenance or for repairs, or any other] reasons. The freelancer agrees and accepts that the company may do so without first informing the freelancer.
14.3 The freelancer accepts that the company’s service may also be interrupted for reasons beyond its control.
14.4 The freelancers hereby agree to indemnify and hold harmless the company for any loss whatsoever attributed to the company not being able to supply the company’s services whether foreseeable or not.
15. INDEMNITY BY FREELANCER
15.1 The company is not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever of the freelancer.
15.2 The website contains links to other websites. The company has neither power nor control over any such website. The freelancer acknowledges and agrees that the company shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from the freelancer’s use of any such website.
15.3 The company is not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the website.
15.4 In respect of the company’s services, the company makes no representation or warranty of any kind, express or implied, including, without limitations, warranties:
15.4.1 as to the fitness of the website and company’s service for a particular purpose;
15.4.2 as to availability and accessibility, without interruption, or without error;
15.4.3 any obligation, liability, or remedy in tort whether or not arising from our negligence;
15.5 You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you, our company or the client.
- The hirer and the freelancer hereby agree and undertake that should any dispute whatsoever arise in respect of any project and/or contract between the hirer and freelancer that it will not involve the company.
- The company agrees and undertakes to hold the purchase price up until the dispute the hirer and the contractor has been resolved amicably or by way of an arbitration award and/or a Court order directing the company what do to.
- The mechanisms to resolve the dispute between the hirer and the freelancer will be contained in the contract concluded between the hirer and the freelancer alternatively in terms of the common law.
- The hirer and the purchaser furthermore hereby agree and undertake that the company is not a party to the dispute as it is simply acting as the payment facilitator and as such the company should not be a party to any of the proceedings between the hirer and the freelancer.
17. MISCELLANEOUS MATTERS
17.1 The freelancer undertakes to provide the company with the freelancer’s current physical address, e-mail address, telephone and fax numbers as often as they are changed together with all information that the company may require to enable it to fulfil its obligations under these terms and conditions. These addresses will be deemed to be the freelancer’s domicilium citandi et executandi.
17.2 If any term or provision of these terms and conditions is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as separable from any and all the other clauses contained herein and fall to be changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.3 The company respects the freelancer’s privacy, takes reasonable steps to protect your personal information as defined in the Promotion of Access to Information Act 2000 and Protection of Personal Information Act 2013.
17.4 If you are in breach of any term of these terms and conditions, the company may:
17.4.1 publish all text and content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
17.4.2 terminate your membership with the company and website and refuse access to the website;
17.4.3 remove or edit content, or cancel any order at the company’s discretion;
17.4.4 issue any proceedings in any competent court.
17.5 Any obligation in these terms and conditions intended to continue to have effect after termination or completion shall so continue.
17.6 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
17.7 When a freelancer visits the website or send messages to the company by email, you are communicating with the company electronically. We communicate with you by e-mail or by posting notices on the website. The freelancer agrees that all our electronic communications satisfy any legal requirement that such communications be in writing.
17.8 Any communication to be served on either of party by the other shall be delivered by hand or sent by registered post or recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: the date of transmission.
17.9 In the event of a dispute between the parties, then, the parties you undertake to attempt to settle the dispute by engaging in good faith with each other in a process of mediation before commencing litigation.
17.10 These terms and conditions do not give any right to any third party.
17.11 The company shall not be liable for any failure or delay in its performance of the company’s services in terms of these terms and conditions these terms and conditions which is caused by circumstances beyond the company’s reasonable control, including any potential labour dispute.
17.12 The validity, construction and performance of these terms and conditions shall be governed by the laws of the Republic of South Africa.