Terms of Service

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COLLAB. – TERMS OF SERVICE

SECTION 1: DEFINITIONS & INTERPRETATION

1.1 Definitions

In these Terms of Service, unless the context indicates otherwise:

  • “Collab.”, “we”, “us”, or “our” refers to Collab. / Collab Collective, a South African digital platform operating as an online directory, marketplace, and engagement facilitation service.
  • “Platform” means the Collab. website, mobile applications, dashboards, systems, tools, social media channels, and any related digital infrastructure.
  • “User” means any person or legal entity who accesses or uses the Platform, including Clients, Freelancers, Consultants, and Advertisers.
  • “Client” refers to any individual or business that searches, engages, purchases, or commissions services through the Platform.
  • “Freelancer” refers to an independent contractor offering freelance services listed on the Platform.
  • “Consultant” refers to a verified professional offering advisory, strategic, or consulting services through the Platform.
  • “Advertiser” refers to a business or brand advertising services on Collab. without operating as a freelancer.
  • “Services” refers to all services offered by Users and facilitated via the Platform, including freelance work, consulting, advertising, directory listings, and social media promotion.
  • “Listing” means any profile, business advertisement, service offering, or portfolio published on the Platform.
  • “Content” includes text, images, logos, designs, videos, portfolios, documents, data, and any materials uploaded or submitted by Users.
  • “Transaction” refers to any engagement, booking, consultation, project, or payment facilitated through Collab.
  • “POPIA” means the Protection of Personal Information Act 4 of 2013.
  • “CPA” means the Consumer Protection Act 68 of 2008.
  • “ECTA” means the Electronic Communications and Transactions Act 25 of 2002.
  • “Personal Information” has the meaning ascribed in POPIA.

1.2 Interpretation

  • Headings are for convenience only and do not affect interpretation.
  • Words importing the singular include the plural and vice versa.
  • Any reference to a law includes amendments or replacements thereof.
  • These Terms apply equally to natural persons and juristic persons.

1.3 Legal Status of Collab.

Collab. operates strictly as an independent digital intermediary and not as:

  • A party to any contract between Users
  • An employer, agent, partner, broker, or representative
  • A guarantor of services, outcomes, or quality

All services are rendered directly between Users, at their own risk.

1.4 Binding Agreement

By accessing or using the Platform, you confirm that:

  • You have read, understood, and agreed to these Terms
  • You are legally competent to enter into a binding agreement under South African law
  • You consent to electronic agreements as per ECTA

SECTION 2: ABOUT COLLAB. (PLATFORM DESCRIPTION & ROLE)

2.1 Nature of the Platform

Collab. is a digital directory and engagement facilitation platform that connects Clients, Freelancers, Consultants, and Businesses for the purpose of discovering, advertising, communicating, and engaging professional services.

Collab. provides:

  • A searchable directory of verified freelancers, consultants, and businesses
  • Tools to submit enquiries, briefs, consultation requests, and project requests
  • Secure messaging, quoting, booking, and engagement management tools
  • Payment facilitation, including deposit handling
  • Performance tracking, analytics, and reporting
  • Optional marketing and social media promotion services for verified businesses

Collab. does not itself provide professional services unless explicitly stated otherwise under a separate written agreement.

2.2 Independent Intermediary Status

Collab. acts solely as an independent intermediary and technology provider.

At no time does Collab.:

  • Enter into any contract on behalf of a User
  • Become a party to any agreement between Users
  • Supervise, control, or direct how services are performed
  • Guarantee outcomes, deliverables, timelines, or results
  • Provide legal, financial, medical, engineering, or professional advice

All engagements, services, and deliverables are performed independently by Users.

2.3 No Liability for Services Rendered

Any service received, purchased, commissioned, or relied upon through:

  • Collab.
  • Collab.Collective
  • Collab. Hybrid Freelancers
  • Any associated Collab. directory, campaign, or social promotion is done entirely at the User’s own risk.

Collab. shall not be legally responsible or liable for:

  • The quality, accuracy, legality, or suitability of services
  • Advice, opinions, or recommendations given by Users
  • Financial loss, business loss, reputational damage, or indirect damages
  • Non-performance, late delivery, or defective work
  • Misrepresentation by any User

This applies equally to:

  • Freelance services
  • Consulting services
  • Business advertisements
  • Social media promotions
  • Directory listings

2.4 No Employment, Agency or Partnership

Nothing in these Terms shall be interpreted as creating:

  • An employer – employee relationship
  • A partnership or joint venture
  • An agency or representative relationship

All Freelancers, Consultants, and Advertisers operate as independent contractors and remain solely responsible for:

  • Their tax obligations
  • Compliance with labour laws
  • Professional licensing or registrations
  • Regulatory compliance

2.5 Platform Availability

While Collab. aims to maintain uninterrupted access, we do not guarantee:

  • Continuous availability
  • Error-free operation
  • Compatibility with all devices or browsers

Collab. may suspend or restrict access:

  • For maintenance
  • For security reasons
  • To comply with legal obligations
  • In cases of misuse or breach

2.6 Local Platform Commitment

Collab. is proudly South African and designed to support:

  • Local professionals
  • Local businesses
  • South African regulatory requirements

However, Users acknowledge that:

  • Cross-border engagements may occur
  • Collab. does not ensure compliance with foreign laws
  • Users remain responsible for applicable international obligations

2.7 Electronic Communications & Consent

Users consent to:

  • Receiving communications electronically
  • Notices, invoices, confirmations, and agreements being issued digitally
  • Contracts being concluded electronically as permitted by ECTA

SECTION 3: ACCEPTANCE OF TERMS

3.1 Binding Agreement

By:

  • Accessing the Platform
  • Creating an account
  • Submitting a listing, enquiry, brief, or request
  • Communicating with other Users
  • Making or receiving payments
  • Using any service offered by Collab.

you confirm that you have read, understood, and agreed to be bound by these Terms of Service, together with any policies incorporated by reference.

3.2 Electronic Acceptance (ECTA Compliance)

In accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECTA), Users agree that:

  • These Terms constitute a valid and enforceable electronic agreement
  • Clicking “Accept”, “Register”, “Submit”, or similar actions constitutes legal consent
  • No physical signature is required

Electronic records, logs, IP addresses, and timestamps may be used as evidence of acceptance.

3.3 Capacity to Contract

By accepting these Terms, you warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into binding contracts
  • If acting on behalf of a company, you are duly authorised

Collab. reserves the right to request proof of authority where necessary.

3.4 Amendments to the Terms

Collab. may amend these Terms from time to time to reflect:

  • Legal or regulatory changes
  • Platform updates or new features
  • Operational or security requirements

Updated Terms will be:

  • Posted on the Platform
  • Effective from the date of publication

Continued use of the Platform after changes constitutes acceptance of the updated Terms.

3.5 Disagreement With Terms

If you do not agree with these Terms:

  • You must not access or use the Platform
  • You must discontinue use immediately

Continued use despite disagreement constitutes acceptance.

3.6 Additional Policies

These Terms incorporate by reference all Integrated Policies in Section 38 below. In the event of conflict, these main Terms shall prevail unless stated otherwise.

SECTION 4: ELIGIBILITY & LEGAL CAPACITY

4.1 General Eligibility

Use of the Platform is limited to individuals and entities that:

  • Are 18 years of age or older
  • Have full legal capacity under South African law
  • Can lawfully enter into binding contracts
  • Are not prohibited from doing so by any applicable law

Collab. reserves the right to refuse access to any person or entity at its sole discretion.

4.2 Jurisdictional Use

Collab. is primarily intended for use within the Republic of South Africa.

Users outside South Africa:

  • Access the Platform at their own risk
  • Are responsible for compliance with their local laws
  • Acknowledge that South African law governs the Platform

Collab. makes no representation that the Platform complies with laws outside South Africa.

4.3 Restricted Users

You may not use the Platform if you:

  • Have previously been suspended or terminated for breach
  • Provide false, misleading, or incomplete information
  • Intend to use the Platform for unlawful purposes
  • Are acting on behalf of a sanctioned, blacklisted, or prohibited entity

Collab. may verify identity, authority, or eligibility at any time.

4.4 Business & Corporate Users

If you register on behalf of a company, partnership, trust, or organisation, you confirm that:

  • You have authority to bind the entity
  • All information provided is accurate and lawful
  • The entity complies with all applicable regulations

Collab. shall not be responsible for unauthorised registrations.

4.5 Right to Suspend or Deny Access

Collab. reserves the right to:

  • Deny registration
  • Suspend accounts
  • Remove listings or content
  • Terminate access

without notice where:

  • There is a breach of these Terms
  • Fraud or misrepresentation is suspected
  • Legal or regulatory risk arises
  • Platform integrity is threatened

4.6 No Automatic Right to Use

Access to Collab. is a privilege, not a right.

Collab. may impose:

  • Usage limits
  • Verification requirements
  • Category restrictions
  • Additional conditions

at any time to protect the Platform and its Users.

SECTION 5: USER CATEGORIES

Collab. supports multiple user types. Each User agrees that their rights, obligations, and permitted activities depend on the category under which they register or operate.

5.1 Clients / Businesses

A Client is any individual or entity that:

  • Searches or browses the Platform
  • Requests quotes, consultations, or services
  • Purchases or commissions services
  • Engages Freelancers, Consultants, or Advertisers

Clients acknowledge that:

  • All services are provided by independent third parties
  • Collab. does not guarantee outcomes or results
  • Engagements are entered into at their own risk

Clients are responsible for:

  • Providing clear, lawful briefs and instructions
  • Timely communication and approvals
  • Payment of agreed fees
  • Compliance with applicable laws

5.2 Virtual Freelancers

A Freelancer is an independent contractor who:

  • Offers freelance services via a profile listing
  • Submits proposals or quotes
  • Completes project-based work

Freelancers:

  • Operate independently and are not employees of Collab.
  • Must comply with all applicable professional and legal obligations
  • Remain responsible for taxes, compliance, and licensing

Collab. does not supervise, direct, or control freelance services.

5.3 Consultants

A Consultant is a verified professional offering:

  • Advisory, strategic, coaching, or specialist services
  • One-on-one or project-based consulting engagements

Consultants:

  • Act in an independent professional capacity
  • Are solely responsible for advice rendered
  • Must maintain required qualifications or registrations

Collab. does not validate the correctness of advice provided.

5.4 Advertisers (Businesses Advertising Services)

An Advertiser is a business or brand that:

  • Advertises services without operating as a freelancer
  • Publishes business listings under “Advertise My Business/Services” or Collab. Collective
  • Receives enquiries direct via their website

Advertisers:

  • Do not create freelancer profiles
  • Are not vetted as service providers beyond listing verification
  • Remain fully responsible for services advertised

Collab. does not endorse or guarantee advertised services.

5.5 Consultants Who Also Advertise Businesses

Consultants may:

  • Operate a consulting profile
  • Advertise a separate business entity

These profiles are treated as distinct, and:

  • Reviews and ratings do not transfer between them
  • Legal responsibility remains separate

5.6 Role Switching & Multiple Accounts

Users may hold multiple roles, provided that:

  • Each role complies with its respective requirements
  • Information is accurate and not misleading

Collab. reserves the right to restrict or consolidate accounts to prevent misuse.

5.7 No Misrepresentation of Role

Users may not:

  • Misrepresent themselves as employees or agents of Collab.
  • Claim endorsement or partnership
  • Blur the distinction between roles

Any misrepresentation may result in immediate suspension or termination.

SECTION 6: ACCOUNT REGISTRATION & SECURITY

6.1 Account Creation

To access certain features of the Platform, Users must create an account and provide:

  • Accurate, current, and complete information
  • Updated details when changes occur

Collab. may refuse or cancel registrations that:

  • Use false or misleading information
  • Impersonate another person or entity
  • Violate these Terms

6.2 One Account per User

Unless expressly authorised:

  • Users may maintain only one primary account per role
  • Duplicate or deceptive accounts are prohibited

Collab. reserves the right to merge, suspend, or terminate duplicate accounts.

6.3 Account Credentials

Users are responsible for:

  • All activities conducted through their account
  • Immediately notifying Collab. of unauthorised access

Collab. shall not be liable for losses resulting from unauthorised use.

6.4 Security Obligations

Users must:

  • Use strong passwords
  • Not share credentials
  • Avoid actions that compromise platform security

Any attempt to:

  • Hack
  • Circumvent security
  • Access unauthorised systems

may result in immediate termination and legal action.

6.5 Account Use Restrictions

Users may not:

  • Allow third parties to use their account
  • Transfer accounts without written consent
  • Use accounts for unlawful or fraudulent purposes

6.6 Monitoring & Audit Rights

Collab. reserves the right to:

  • Monitor account activity
  • Investigate suspicious behaviour
  • Request verification documents

to protect the integrity of the Platform.

6.7 Account Suspension or Termination

Collab. may suspend or terminate accounts:

  • For breach of these Terms
  • For suspected fraud or misuse
  • To comply with legal obligations

Termination does not release Users from outstanding obligations.

SECTION 7: VERIFICATION, ANONYMITY & PRIVACY MODEL

7.1 Verification Process

Collab. conducts light to moderate verification of Freelancers, Consultants, and Advertisers to assess:

  • Identity
  • Business legitimacy
  • Credentials or qualifications (where applicable)
  • Portfolio authenticity

Verification may include:

  • Government-issued identification
  • Business registration documents
  • Professional credentials
  • Portfolio samples or references

Verification is conducted for platform trust purposes only and does not constitute professional certification or endorsement.

7.2 No Guarantee of Services

Users acknowledge that:

  • Verification does not guarantee competence, performance, or outcomes
  • Collab. does not warrant the accuracy or completeness of verified information
  • Users engage services at their own risk

7.3 Anonymous Public Profiles

To protect privacy and safety:

  • Real names, identity numbers, and personal photographs are not published
  • Public profiles display skills, experience, portfolios, and ratings only
  • Identity information is stored securely and privately
  • A Pseudonym will be used

Users consent to this privacy-first model.

7.4 Portfolio & Content Warranties

By submitting portfolios, samples, designs, or work examples, Users warrant that:

  • They own the rights or have lawful permission to use the content
  • Content is not stolen, plagiarised, or misappropriated
  • Content does not infringe intellectual property rights

Collab. may remove content suspected of infringement without notice.

7.5 No Liability for Misrepresentation

While Collab. may review content, Users remain solely responsible for:

  • Accuracy of information
  • Legality of portfolios
  • Truthfulness of qualifications

Collab. shall not be liable for misrepresentation, fraud, or inaccuracies.

7.6 Right to Re-Verify

Collab. reserves the right to:

  • Re-verify Users at any time
  • Request updated documents
  • Suspend listings pending verification

Failure to comply may result in removal or termination.

7.7 Data Handling & Confidentiality

All verification data is:

  • Processed in accordance with POPIA and our Integrated Privacy Framework (Section 38.1)
  • Stored securely with encryption where appropriate
  • Accessed only by authorised personnel with strict need-to-know basis

Verification data is never sold or publicly disclosed.

SECTION 8: PLATFORM RULES & ACCEPTABLE USE

(Note: The detailed Acceptable Use Policy is in Section 38.2 below)

8.1 Lawful Use Only

Users may only use the Platform for lawful purposes and in compliance with:

  • South African law
  • Applicable regulations
  • These Terms

Any unlawful, abusive, or unethical use is strictly prohibited.

8.2 Prohibited Activities

Users may not:

  • Offer or request illegal services
  • Upload false, misleading, or deceptive content
  • Misrepresent identity, qualifications, or experience
  • Circumvent platform fees or payment systems
  • Solicit or complete transactions outside the Platform
  • Harass, threaten, or abuse other Users
  • Upload malware, viruses, or harmful code
  • Interfere with Platform functionality

8.3 Payment Circumvention

Users are expressly prohibited from:

  • Requesting off-platform payments
  • Sharing direct contact details to bypass Collab. systems
  • Encouraging Users to transact privately

Violation may result in immediate termination and forfeiture of fees.

8.4 Fair Use of Messaging & Enquiries

Messaging tools must be used solely for:

  • Legitimate project discussions
  • Service enquiries
  • Engagement-related communication

Spam, unsolicited marketing, or scraping is prohibited.

8.5 Content Standards

All content must:

  • Be accurate and lawful
  • Not infringe intellectual property
  • Not be defamatory, discriminatory, or offensive

Collab. may remove content at its sole discretion.

8.6 Platform Integrity

Users may not:

  • Manipulate ratings or reviews
  • Use bots or automated tools
  • Harvest data
  • Attempt reverse engineering

8.7 Reporting & Enforcement

Collab. may:

  • Investigate complaints
  • Suspend or terminate accounts
  • Remove content
  • Report unlawful activity to authorities

No refunds or compensation are owed for enforcement actions.

8.8 Zero-Tolerance Conduct

Collab. maintains a zero-tolerance approach to:

  • Fraud
  • Scams
  • Intellectual property theft
  • Identity abuse

SECTION 9: SERVICES OFFERED VIA COLLAB.

9.1 Nature of Services on the Platform

Collab. provides access to a diverse digital directory of independent service providers offering, including but not limited to:

  • AI & Digital Automation
  • Machine Learning & Data Science
  • Blockchain, Web3 & Decentralised Solutions
  • Business Consulting & Strategy
  • Legal, Financial & Compliance Services
  • Health, Wellness & Lifestyle Services
  • Engineering, Architecture & Technical Services
  • Marketing, Media, PR & Branding
  • IT, Cybersecurity & Software Development
  • Executive Coaching & Training
  • Research, Data & Insights
  • Creative, Design, Video & Writing Services
  • Tutoring Services

All services are offered and performed exclusively by independent third-party Users.

9.2 No Professional Advice by Collab.

Collab. does not:

  • Provide legal advice
  • Provide financial, tax, or accounting advice
  • Provide medical, psychological, or health advice
  • Provide engineering or architectural services
  • Provide arbitration or dispute resolution services

Any such services accessed via the Platform are provided by Users in their independent professional capacity.

9.3 User Responsibility for Compliance

Users offering regulated services warrant that:

  • They hold all required licences, registrations, and approvals
  • They comply with applicable professional bodies
  • Services are lawful and ethical

Collab. does not verify regulatory compliance beyond platform-level checks.

9.4 Client Acknowledgement of Risk

Clients acknowledge that:

  • Services vary by provider
  • Outcomes are not guaranteed
  • Professional advice carries inherent risk

Clients must conduct their own due diligence.

9.5 High-Risk & Regulated Categories

For services including but not limited to:

  • Legal & arbitration
  • Financial & tax
  • Health & wellness
  • Engineering & architecture

Collab. expressly disclaims all liability for:

  • Professional negligence
  • Errors or omissions
  • Reliance on advice

9.6 No Endorsement or Warranty

Listing of a service or provider does not constitute:

  • Endorsement
  • Recommendation
  • Certification

SECTION 9A: HYBRID FREELANCING SERVICES – SPECIFIC TERMS & BYPASS PROTECTION

9A.1 Definition & Nature of Service

  • 9A.1.1 “Hybrid Freelancing Services” refers to engagements facilitated through the Platform where a Freelancer or Consultant is hired by a client to perform services that may involve in-person, on-site, or a combination of remote and physical presence work, as detailed in the specific project scope.
  • 9A.1.2 Collab. facilitates the connection, communication, and payment for these services but remains, at all times, an independent intermediary as defined in Section 2. Collab. is not a party to the service contract between the Client and the Freelancer.

9A.2 CONTROLLED Contact Sharing for Hybrid Engagements

  • 9A.2.1 Platform-Premier Communication Rule: All initial communications, negotiations, quoting, scope finalization, and contractual agreements MUST be conducted through the Platform’s messaging system until a formal engagement is confirmed and the deposit is paid.
  • 9A.2.2 Permitted Contact Sharing AFTER Engagement: Only after the Client has paid the 50% deposit through the Platform and the project status is set to “Active,” may Users exchange necessary contact details solely for the logistical execution of that specific Hybrid engagement. This includes:
  • Phone numbers for on-site coordination.
  • Specific work location addresses.
  • Emergency contact details.
  • 9A.2.3 Prohibited Use of Contact Details: Contact details shared under 9A.2.2 may not be used to:
  • Negotiate changes to scope, timeline, or price outside the Platform.
  • Arrange additional work, future projects, or ongoing engagements outside the Platform.
  • Process any payments outside the Platform’s payment facility.
  • Bypass the Platform’s review and dispute resolution systems.

9A.3 Mandatory Contract Upload & Collab. Review Right

  • 9A.3.1 Contract Requirement: For all Hybrid Freelancing Services, the parties must formalize their engagement with a written service agreement/contract. Either the Client or the Freelancer may provide this contract.
  • 9A.3.2 Platform Upload & Acknowledgment: A final copy of the signed service agreement must be uploaded to the Platform’s project workspace within 3 business days of signing. By uploading, both parties:
  • Acknowledge that Collab. is not a party to this contract.
  • Confirm the contract contains the Mandatory Protection Clauses (see 9A.3.3).
  • Agree that the terms of this Platform Agreement govern their relationship with Collab.
  • 9A.3.3 Mandatory Protection Clauses: The service agreement between Client and Freelancer must include clauses stating:
  1. Independent Contractor Status: “The Freelancer is engaged as an independent contractor. No employment, partnership, or joint venture relationship is created.”
  2. Collab. Introduction & Commission: “This engagement was facilitated by Collab. (the ‘Platform’). The Parties acknowledge Collab.’s role and agree to pay its commission as per the Platform’s Terms of Service for this and any related future work.”
  3. Platform Terms Govern: “This service agreement is supplementary to and does not supersede the Parties’ respective agreements with Collab. In case of conflict on matters of commission, dispute resolution via the Platform, or bypass restrictions, the Collab. Terms of Service prevail.”
  • 9A.3.4 Collab. Review Right: Collab. reserves the right to review uploaded contracts solely to verify the inclusion of the Mandatory Protection Clauses (9A.3.3). Collab. does not review for fairness, legality, or adequacy of other terms and assumes no liability for the contract’s contents.

9A.4 Reinforced Anti-Circumvention & Liquidated Damages

  • 9A.4.1 The prohibition on bypassing the Platform for future or additional work remains absolute for the 24-month period from first introduction.
  • 9A.4.2 Liquidated Damages for Bypass: If parties bypass the Platform for future work within 24 months, the liquidated damages formula applies. Proof of the initial introduction via Collab. is established by the uploaded contract and project records.

9A.5 Freelancer Status & Liability

  • 9A.5.1 Reinforcement of Independent Contractor Status: Freelancers and Consultants offering Hybrid Freelancing Services are independent contractors. Section 25 (“No Employment, Partnership or Agency”) applies in full force. No employment relationship, whether temporary, casual, or permanent, is created between the Client and the Freelancer, or between Collab. and the Freelancer, by virtue of an in-person work component.
  • 9A.5.2 Client as Principal: The Client engaging a Hybrid Freelancer is the principal in the service relationship. The Client is solely responsible for:
  • Providing a safe working environment compliant with the Occupational Health and Safety Act (OHSA) and other applicable regulations for any on-site work.
  • Specifying the scope, schedule, and location of work.
  • Directly supervising and managing the Freelancer’s activities related to the engagement.
  • Ensuring compliance with all relevant tax, labour, and industry-specific laws pertaining to the engagement of an independent contractor.

9A.6 Collab. Liability Exclusions for Hybrid Engagements

  • 9A.6.1 Given the increased direct interaction in Hybrid Freelancing, Collab.’s liability exclusions in Sections 2.3, 24, and 28 are specifically reinforced. Collab. shall not be liable for:
  • Any personal injury, illness, or loss of life suffered by a Freelancer or Client, or damage to property, occurring during or as a result of the Hybrid Freelancing engagement.
  • Any disputes regarding working conditions, hours, on-site conduct, or safety between the Client and Freelancer.
  • The Freelancer’s failure to obtain any necessary insurances (e.g., public liability, personal accident insurance) which Collab. strongly recommends for hybrid work.
  • Any vicarious liability arising from the acts or omissions of the Freelancer while performing services for the Client.

9A.7 Insurance & Safety Recommendations

  • 9A.7.1 Collab. strongly recommends but does not require that Freelancers maintain relevant insurance (public liability, personal accident) for hybrid work.
  • 9A.7.2 Clients are solely responsible for providing a safe working environment compliant with the Occupational Health and Safety Act.

9A.8 User Indemnity for Hybrid Services

  • 9A.8.1 In addition to the general indemnity in Section 27, Users of Hybrid Freelancing Services agree to indemnify Collab. against all claims, damages, and liabilities arising from:
  • The physical work environment or conditions provided by the Client.
  • Any injury or damage caused by the Freelancer while on the Client’s premises or while performing the hybrid service.
  • Any dispute between the Client and Freelancer regarding the nature of their relationship (contractor vs. employee).

SECTION 9B: CAREER OPPORTUNITIES LISTINGS – JOB ADVERTISEMENT SERVICE

9B.1 Nature of the Service

  • 9B.1.1 “Career Opportunities Listings” or “Job Advertisement Service” refers to a platform feature that allows Clients/Businesses (“Employers”) to advertise permanent, temporary, or contract employment positions (including remote roles) to source candidates from the Collab. user community and the public.
  • 9B.1.2 Collab. provides a digital space for the publication of these advertisements and facilitates the collection of applications. Collab. is not a recruitment agency, headhunter, or employment service provider.

9B.2 Collab.’s Limited Role as a Bulletin Board

  • 9B.2.1 Collab.’s role is strictly limited to that of a passive intermediary and online bulletin board for these listings. Collab. does not:
  • Screen, vet, or verify the legitimacy of Employers posting job ads.
  • Screen, vet, interview, or assess any job applicants or candidates.
  • Facilitate or participate in employment negotiations or contracts.
  • Guarantee the accuracy, legality, or authenticity of any job listing.
  • 9B.2.2 Applications (resumes/CVs) are sent directly to the email address or application portal provided by the Employer in the listing. Collab. does not receive, store, or process these applications unless a specific, separate service agreement is in place.

9B.3 Employer Responsibilities & Warranties

  • 9B.3.1 The Employer posting a Career Opportunity Listing warrants and agrees that:
  • The job advertisement is for a genuine, lawful employment opportunity.
  • All information in the listing (including company details, job description, and compensation) is accurate, truthful, and not misleading.
  • They will comply with all applicable South African employment laws, including but not limited to the Employment Equity Act, Basic Conditions of Employment Act, and the Labour Relations Act.
  • They are solely responsible for their own recruitment process, background checks, due diligence on candidates, and the final employment decision.

9B.4 Applicant Responsibility & Risk

  • 9B.4.1 Individuals applying to Career Opportunities Listings (“Applicants”) acknowledge and agree that:
  • They apply to listings entirely at their own risk.
  • It is their sole responsibility to verify the legitimacy of the Employer and the job offer before submitting personal information or attending interviews.
  • Collab. has not verified the Employer or the job listing and provides no guarantees regarding its validity.
  • They are responsible for protecting their own personal information.

9B.5 Comprehensive Disclaimer of Liability

  • 9B.5.1 To the fullest extent permitted by South African law, Collab. disclaims all liability related to the Career Opportunities Listings service, including but not limited to:
  • The authenticity, quality, or existence of a posted job.
  • The conduct, integrity, or legality of an Employer’s recruitment process.
  • Any loss, damage, or harm suffered by an Applicant (including financial loss, identity theft, or personal injury) arising from an application or interaction with an Employer.
  • Any disputes between Employers and Applicants regarding the hiring process, employment terms, or conditions of work.
  • The accuracy of information in any listing.

9B.6 No Employment Relationship with Collab.

  • 9B.6.1 Under no circumstances does the posting of a job or submission of an application create an employment, agency, or any other relationship between the Applicant and Collab., or between the Employer and Collab., beyond the contractual relationship governed by these Terms of Service.

9B.7 Right to Remove Listings

  • 9B.7.1 Collab. reserves the right to refuse, edit, or remove any Career Opportunities Listing at its sole discretion, without notice or liability, particularly if a listing is suspected to be fraudulent, misleading, discriminatory, or in breach of these Terms.

SECTION 9C: ANNOUNCEMENTS, PRESS RELEASES & EVENTS PUBLICATION SERVICE

9C.1 Nature of the Service

  • 9C.1.1 “Announcements, Press Releases & Events Publication Service” refers to a platform feature that allows Users (“Publishers”) to publish informational content such as business announcements, press releases, promotional news, and details of upcoming events to the Collab. community and the public.
  • 9C.1.2 Collab. provides a digital publishing channel for this content. Collab. is not a news agency, public relations firm, event organizer, or content verifier.

9C.2 Collab.’s Limited Role as a Publisher Platform

  • 9C.2.1 Collab.’s role is strictly limited to that of a passive platform provider and publisher of user-submitted content. Collab. does not:
  • Investigate, fact-check, or verify the accuracy, truthfulness, or legitimacy of any announcement, press release, or event listing.
  • Endorse, sponsor, or guarantee any published event.
  • Assume responsibility for the outcomes, success, or consequences of any published information.
  • Edit content for substance, except for formatting or to remove clearly prohibited material as per the Acceptable Use Policy.

9C.3 Publisher Responsibilities, Warranties & Indemnity

  • 9C.3.1 The User publishing any announcement, press release, or event listing (“Publisher”) warrants and agrees that:
  • They own or have all necessary rights, licenses, and permissions to publish the submitted content.
  • The content is accurate, truthful, and not misleading.
  • The content is lawful, does not constitute defamation, and does not infringe upon any third-party rights (including intellectual property, privacy, or publicity rights).
  • They are solely responsible for the content and any claims, representations, or offers made within it.
  • 9C.3.2 The Publisher agrees to indemnify and hold harmless Collab. from and against any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising from their published content, including claims of defamation, infringement, or misleading advertising.

9C.4 Public Responsibility & Disclaimer to Readers

  • 9C.4.1 Users and the public accessing these publications (“Readers”) acknowledge and agree that:
  • They rely on the published information entirely at their own risk.
  • Collab. has not verified the content and provides no warranties regarding its accuracy or reliability.
  • Any transaction, engagement, or reliance based on the published content is solely between the Reader and the Publisher.

9C.5 Disputes Between Parties

  • 9C.5.1 Any disputes, claims, or disagreements arising from published announcements, press releases, or events | including but not limited to disputes over accuracy, misleading information, ticket sales, event outcomes, or business dealings | are strictly matters between the Publisher and the affected third party (Reader or subject of the content).
  • 9C.5.2 Collab. is not a party to such disputes and has no obligation to mediate, adjudicate, or become involved. Users involved in disputes release Collab. from any claims related to the published content.

9C.6 Comprehensive Disclaimer of Liability

  • 9C.6.1 To the fullest extent permitted by South African law, Collab. disclaims all liability related to the Publication Service, including but not limited to:
  • The accuracy, legality, or completeness of any published content.
  • Financial or reputational loss suffered by a Reader who relies on published information.
  • Losses suffered by a Publisher (e.g., low event turnout).
  • Any defamation, infringement, or other legal violations contained within user-published content.
  • The success or failure of any announced initiative or promoted event.

9C.7 Right to Remove Content

  • 9C.7.1 Collab. reserves the right to refuse, edit, or remove any announcement, press release, or event listing at its sole discretion, without notice or liability, particularly if the content is suspected to be false, unlawful, infringing, misleading, or in breach of these Terms or the Acceptable Use Policy.

SECTION 10: DIRECTORY LISTINGS & ADVERTISING SERVICES

10.1 Business Listings & Directory Placement

Collab. allows Businesses, Freelancers, and Consultants to:

  • Publish service listings
  • Advertise offerings
  • Appear in curated directories

All listings are subject to review and approval by Collab. prior to publication.

Approval does not imply endorsement, certification, or recommendation.

10.2 Advertise My Business / Services

Businesses may advertise without creating a freelancer profile by:

  • Creating a Client account
  • Selecting “Advertise My Business/Services”
  • Uploading business information, services, pricing, and instructions

Listings are published only after verification and approval.

10.3 Verification Scope for Advertisers

Advertiser verification may include:

  • Business registration documents
  • Website or verified social media accounts
  • Logo and branding assets

Verification is limited to legitimacy checks and does not extend to service quality.

10.4 Content Accuracy & Legal Responsibility

Advertisers warrant that:

  • All information is accurate and lawful
  • Claims are truthful and substantiated
  • Services comply with applicable laws

Collab. shall not be liable for misleading or unlawful advertisements.

10.5 Right to Refuse, Edit or Remove Listings

Collab. reserves the right to:

  • Reject listings
  • Edit formatting for consistency
  • Remove listings at any time

without liability or obligation to provide reasons.

10.6 No Performance Guarantees

Collab. does not guarantee:

  • Leads
  • Conversions
  • Sales
  • Engagement results

Advertising outcomes depend on multiple factors outside Collab.’s control.

10.7 Separation of Advertising & Service Delivery

Collab. is not responsible for:

  • Services rendered by Advertisers
  • Client satisfaction
  • Disputes arising from advertised services

SECTION 11: SOCIAL MEDIA PROMOTION & MARKETING SERVICES

11.1 Optional Promotional Services

Collab. may offer optional social media and marketing promotion services to verified Businesses, Freelancers, and Consultants, including:

  • Publishing approved content on Collab.’s social media platforms
  • Promoting directory listings or services
  • Amplifying brand visibility

These services are promotional only and do not constitute endorsement.

11.2 Eligibility for Promotion

Social media promotion is limited to brands that:

  • Have a legitimate business presence
  • Own or lawfully use provided branding assets
  • Maintain a website or verified social media accounts

Collab. reserves the right to refuse promotion.

11.3 Content Submission & Approval

Promoted Users may:

  • Provide their own copy, design, and creative direction

All promotional content:

  • Requires written approval prior to posting
  • May be edited for format, compliance, or platform suitability

11.4 Intellectual Property Warranties

Users warrant that:

  • All logos, images, copy, and assets provided are owned or licensed
  • Content does not infringe third-party rights

Collab. shall not be liable for IP infringement in promotional materials supplied or approved by Users.

11.5 No Guarantee of Marketing Outcomes

Collab. does not guarantee:

  • Engagement
  • Reach
  • Sales
  • Leads
  • Brand growth

Marketing results depend on external factors beyond Collab.’s control.

11.6 Removal & Platform Changes

Collab. may:

  • Remove promotional content
  • Adjust schedules
  • Comply with platform policy changes

without liability.

11.7 Indemnity for Promotional Content

Users agree to indemnify Collab. against:

  • Advertising claims
  • IP disputes
  • Regulatory penalties

arising from promotional content.

SECTION 12: PROJECT WORKFLOW & ENGAGEMENT PROCESS

12.1 Standard Engagement Flow

Unless otherwise agreed in writing, engagements on Collab. follow this general process:

  1. Client searches or browses services
  2. Client submits a project request, consultation request, or enquiry
  3. Freelancer, Consultant, or Advertiser responds with a quote or proposal
  4. Scope, deliverables, timelines, and pricing are agreed
  5. Client pays the required 50% deposit via Collab.
  6. Work commences
  7. Deliverables are submitted
  8. Revisions (if applicable) are completed
  9. Client approves work
  10. Final 50% payment is released
  11. Client may rate and review the service provider

12.2 Quotes & Scope Definition

All quotes must clearly specify:

  • Scope of work
  • Deliverables
  • Timelines
  • Number of revisions
  • Total fees

Any work outside the agreed scope requires a new or revised agreement.

Collab. is not responsible for unclear or incomplete scopes.

12.3 Deposits & Payment Milestones

Unless stated otherwise:

  • A 50% deposit is required before work begins
  • Remaining payment is due upon completion and approval

Failure to pay may result in:

  • Work suspension
  • Withholding of deliverables

12.4 Revisions Policy

Unless otherwise agreed:

  • Clients are entitled to three (3) revisions
  • Revisions apply only to the original scope
  • Additional revisions may incur extra fees

12.5 Client Responsibilities

Clients must:

  • Provide timely feedback
  • Approve or request revisions within reasonable timeframes
  • Not unreasonably withhold approval

Delays caused by Clients may extend timelines.

12.6 Completion & Approval

Work is deemed complete when:

  • Deliverables match the agreed scope
  • Revisions are exhausted or approved

Approval triggers release of final payment.

12.7 Abandoned Projects

If a Client becomes unresponsive:

  • After reasonable attempts to contact
  • For a defined period

the project may be deemed abandoned, and funds may be released accordingly.

12.8 Platform Role

Collab. facilitates:

  • Communication
  • Payments
  • Workflow tracking

but does not manage or supervise work execution.

SECTION 13: PAYMENTS, FEES, DEPOSITS & COMMISSIONS

(Note: The detailed Commission & Fees Policy is in Section 38.5 below)

13.1 Payment Facilitation Role

Collab. facilitates payments between Users through secure third-party payment processors.

Collab.:

  • Is not a bank or financial institution
  • Does not hold funds as a trustee
  • Does not provide escrow or financial advice

All payments are processed electronically in accordance with ECTA.

13.2 Accepted Payment Methods

Payments may be made using:

  • Approved electronic payment methods
  • South African payment gateways

Availability of payment methods may change without notice.

13.3 Deposits

Unless otherwise agreed:

  • A 50% deposit is required before work begins
  • Deposits confirm intent to proceed

Deposits may be:

  • Non-refundable once work has commenced
  • Used to cover time, resources, and opportunity cost

13.4 Final Payments

Final payment becomes due when:

  • Work is completed in accordance with the agreed scope; or
  • The Client approves deliverables; or
  • Revision limits are exhausted

Failure to release payment may result in account suspension and legal action.

13.5 Platform Fees & Commissions

Collab. may charge:

  • Commission on completed transactions
  • Listing or advertising fees
  • Promotional or featured placement fees

Fees:

  • Are disclosed before confirmation
  • May vary by service or category
  • Are non-refundable unless required by law

13.6 Deductions & Payouts

Freelancers and Consultants acknowledge that:

  • Platform fees or commissions will be deducted
  • Payouts are subject to payment processor timelines

Collab. is not responsible for delays caused by third-party processors.

13.7 Taxes

Users are solely responsible for:

  • VAT registration and compliance
  • Income tax obligations
  • Withholding taxes (if applicable)

Collab. does not provide tax advice and does not deduct taxes on behalf of Users unless legally required.

13.8 Chargebacks & Disputes

Users acknowledge that:

  • Chargebacks may result in account suspension
  • Collab. may reverse payouts where required
  • Administrative fees may apply

Collab. reserves the right to recover funds where fraud is suspected.

13.9 No Payment Guarantee

Collab. does not guarantee:

  • Payment completion
  • Client solvency
  • Freelancer performance

All transactions are entered into at Users’ own risk.

13.10 Service-Specific Rates & Quotations

  • 13.10.1 Collab. offers various services (including but not limited to platform commissions, featured listings, advertising packages, social media promotion, and other promotional services). The fees for these services are not displayed as standard pricing on the Platform.
  • 13.10.2 Rates Upon Request: All fees for services offered directly by Collab. (as opposed to fees set by Freelancers or Consultants) are provided on a custom quotation basis. Final pricing depends on the specific scope, duration, placement, and objectives of the requested service.
  • 13.10.3 No Binding Quote Until Issued: Any discussions or preliminary estimates regarding service fees are non-binding. A binding agreement for Collab.’s services is only formed upon Collab.’s issuance of a formal written quote or invoice and the User’s acceptance and payment as required.
  • 13.10.4 Transparency: Collab. is committed to transparency and will provide a detailed breakdown of costs in any formal quotation upon request before an agreement is concluded.

SECTION 14: ESCROW-STYLE PAYMENTS & RELEASE CONDITIONS

14.1 Escrow-Style Facilitation (Not True Escrow)

Collab. may or may not facilitate escrow-style payment handling for convenience and risk mitigation.

Users expressly acknowledge that:

  • Collab. is not a licensed escrow agent
  • Collab. does not act as a trustee or fiduciary
  • Funds are processed via third-party payment processors

The term “escrow” is used descriptively only.

14.2 Holding of Funds

Where applicable:

  • Deposits and payments may be temporarily held
  • Funds are released in accordance with agreed milestones

Collab. does not earn interest on held funds and is not responsible for interest claims.

14.3 Release Conditions

Funds may be released when:

  • The Client approves completed work
  • Revision limits are exhausted
  • The agreed timeline expires without dispute
  • A project is deemed abandoned

Release decisions are based on:

  • Platform records
  • Communication logs
  • Scope and milestone agreements

14.4 Client Obligations Regarding Approval

Clients must:

  • Review deliverables promptly
  • Keep all communication on one (1) email thread
  • Approve or request revisions in good faith
  • Not unreasonably delay approval

Failure to respond within a reasonable timeframe may result in automatic release of funds.

14.5 Freelancer & Consultant Obligations

Service providers must:

  • Deliver work in line with agreed scope
  • Respond to revision requests within reasonable timeframes

Failure to deliver may result in delayed or withheld payment.

14.6 Disputed Funds

In the event of a dispute:

  • Funds may be temporarily frozen
  • Collab. may request information from both parties
  • Keep all communication on one (1) email thread

Collab. does not adjudicate professional disputes and does not guarantee outcomes.

14.7 Administrative Intervention

Collab. reserves the right to:

  • Make administrative determinations
  • Release funds based on available evidence
  • Deduct fees for dispute handling

Such decisions are final for platform purposes.

14.8 No Financial Liability

Collab. shall not be liable for:

  • Loss of funds due to User actions
  • Processor failures
  • Banking delays

Users agree that payment facilitation is used at their own risk.

SECTION 15: REVISIONS, DELIVERABLES & ACCEPTANCE

15.1 Deliverables

Deliverables are the specific outputs agreed to in the accepted quote, proposal, or scope of work.

Only deliverables expressly listed form part of the engagement.

Anything not listed is deemed out of scope.

15.2 Included Revisions

Unless otherwise agreed in writing:

  • Clients are entitled to three (3) revisions
  • Revisions must relate directly to the original scope
  • Revisions do not include new concepts, features, or directions

15.3 Excluded Changes

The following are not considered revisions:

  • New ideas or additional work
  • Changes to approved concepts
  • Scope expansions
  • Rework due to Client-provided errors

Such changes may incur additional fees.

15.4 Revision Timeframes

Clients must submit revision requests:

  • Clearly
  • Within a reasonable timeframe

Failure to do so may be deemed acceptance.

15.5 Acceptance of Work

Work is deemed accepted when:

  • The Client approves deliverables in writing or via the Platform
  • No revision request is submitted within a reasonable period
  • The maximum number of revisions is exhausted

Acceptance triggers payment release.

15.6 No Perpetual Revisions

Clients acknowledge that:

  • Unlimited revisions are not permitted
  • Collab. does not enforce creative preferences

Disputes over subjective satisfaction are not grounds for non-payment.

15.7 Platform Role

Collab.:

  • Does not evaluate creative or professional quality
  • Does not decide whether work is “good enough”
  • Relies on scope and communication records only

SECTION 16: REVIEWS, RATINGS & FEEDBACK

16.1 Purpose of Reviews

The Platform allows Clients and service providers to leave reviews and ratings to:

  • Share experiences
  • Promote transparency
  • Improve service quality

Reviews represent personal opinions, not statements of fact.

16.2 Review Standards

Reviews must:

  • Be honest and based on actual engagements
  • Not be defamatory, abusive, or misleading
  • Not contain hate speech or unlawful content

False or malicious reviews are prohibited.

16.3 No Review Manipulation

Users may not:

  • Buy or sell reviews
  • Incentivise positive feedback
  • Retaliate with false reviews

Collab. may remove manipulated or abusive reviews.

16.4 Moderation & Removal

Collab. reserves the right to:

  • Moderate reviews
  • Remove reviews at its discretion
  • Disable review functionality

without obligation to provide reasons.

16.5 No Liability for Reviews

Collab. shall not be liable for:

  • User-generated reviews
  • Opinions expressed by Users
  • Reputational impact resulting from reviews

16.6 No Right to Edit or Remove

Users acknowledge that:

  • Reviews are not editable once submitted
  • Removal is not guaranteed

16.7 Use of Feedback

Collab. may:

  • Use anonymised feedback for analytics
  • Improve Platform services

SECTION 17: FREELANCER & CONSULTANT OBLIGATIONS

17.1 Independent Contractor Status

Freelancers and Consultants confirm that they:

  • Operate as independent contractors
  • Are not employees, agents, or representatives of Collab.
  • Have no authority to bind Collab.

17.2 Truthful Information

Freelancers and Consultants warrant that:

  • All information provided is accurate and current
  • Qualifications, credentials, and experience are truthful
  • Services offered are lawful

Misrepresentation may result in immediate termination.

17.3 Legal & Regulatory Compliance

Service providers are solely responsible for:

  • Holding required licences or registrations
  • Complying with professional standards
  • Adhering to applicable laws and codes of conduct

Collab. does not verify regulatory compliance beyond platform checks.

17.4 Intellectual Property Warranties

Freelancers and Consultants warrant that:

  • All work delivered is original or lawfully licensed
  • No stolen designs, content, or proprietary materials are used
  • They have the legal right to use portfolio content

17.5 Portfolio Legitimacy

All portfolio content must:

  • Be the User’s own work; or
  • Be used with express permission

Use of another company’s or organisation’s work without legal rights is prohibited.

17.6 Confidentiality

Service providers must:

  • Protect Client confidential information
  • Use information solely for the agreed engagement

17.7 No Circumvention

Freelancers and Consultants may not:

  • Bypass Collab.’s payment systems
  • Solicit Clients off-platform

17.8 Indemnity

Freelancers and Consultants agree to indemnify Collab. against:

  • IP infringement claims
  • Professional negligence
  • Misrepresentation
  • Regulatory penalties

SECTION 18: CLIENT & BUSINESS OBLIGATIONS

18.1 Lawful Use & Engagement

Clients and Businesses must:

  • Use the Platform for lawful purposes only
  • Engage service providers in good faith
  • Not request unlawful, unethical, or infringing work

Collab. reserves the right to suspend Users who request prohibited services.

18.2 Accurate Briefs & Information

Clients warrant that:

  • All briefs, instructions, and materials are accurate
  • Provided information does not infringe third-party rights
  • They have authority to request the work

Collab. is not responsible for errors caused by inaccurate briefs.

18.3 Timely Communication & Cooperation

Clients must:

  • Respond within reasonable timeframes
  • Provide feedback and approvals promptly
  • Not deliberately delay projects

Delays may result in extended timelines or payment release.

18.4 Payment Obligations

Clients agree to:

  • Pay deposits and final amounts when due
  • Not withhold payment unreasonably
  • Not initiate chargebacks without valid cause

Non-payment may result in account suspension and legal action.

18.5 Use of Deliverables

Unless otherwise agreed:

  • Clients receive rights to use deliverables upon full payment
  • Ownership transfer is subject to IP terms between parties

Collab. does not determine IP ownership.

18.6 Respectful Conduct

Clients may not:

  • Harass or threaten service providers
  • Abuse messaging systems
  • Demand work outside scope without compensation

18.7 No Circumvention

Clients may not:

  • Solicit off-platform transactions
  • Share contact details to bypass fees

18.8 Indemnity

Clients and Businesses agree to indemnify Collab. against:

  • Claims arising from briefs or materials provided
  • IP infringement related to supplied content
  • Disputes with service providers

SECTION 19: INTELLECTUAL PROPERTY RIGHTS

19.1 Collab. Intellectual Property

All intellectual property relating to the Platform, including but not limited to:

  • The Collab. name, logo, trademarks
  • Website design, layout, code, databases
  • Platform features, workflows, and analytics
  • Content created by or for Collab.

is owned by or licensed to Collab. and protected under South African intellectual property laws.

Users may not copy, reproduce, modify, distribute, or exploit Collab.’s intellectual property without prior written consent.

19.2 User-Generated Content

Users retain ownership of content they submit, including:

  • Listings
  • Portfolios
  • Profiles
  • Reviews
  • Promotional materials

By submitting content, Users grant Collab. a non-exclusive, royalty-free, worldwide licence to:

  • Host
  • Display
  • Reproduce
  • Promote

such content solely for Platform operation, marketing, and promotional purposes.

19.3 No Ownership Transfer to Collab.

Nothing in these Terms transfers ownership of User content to Collab.

This licence terminates when content is removed, except where required for legal or archival purposes.

19.4 Third-Party Intellectual Property

Users warrant that:

  • They own or are licensed to use submitted content
  • Content does not infringe third-party IP rights

Collab. shall not be liable for infringement arising from User content.

19.5 Deliverables & Project IP

Ownership of project deliverables:

  • Is determined between the Client and service provider
  • May be governed by separate agreements

Collab. does not:

  • Determine IP ownership
  • Enforce IP transfers

19.6 Infringement Claims

If Collab. receives notice of alleged infringement, it may:

  • Remove content
  • Suspend accounts
  • Request supporting documentation

without liability.

19.7 No Platform Use of Client IP

Unless expressly agreed:

  • Collab. does not claim ownership of Client materials
  • Collab. does not reuse Client IP beyond Platform functionality

SECTION 20: PORTFOLIO USE & OWNERSHIP WARRANTIES

20.1 Lawful Portfolio Representation

All Freelancers, Consultants, and Advertisers who upload or display portfolio material warrant that:

  • The work is their own original creation; or
  • They have explicit, lawful permission to display the work

Portfolio content must accurately reflect the User’s actual involvement.

20.2 Employment & Third-Party Work

Where portfolio work was created:

  • During employment
  • Under contract
  • For another organisation or client

the User warrants that:

  • They are legally permitted to showcase the work
  • Display does not breach confidentiality, IP, or employment agreements

“Work done while employed” does not automatically grant usage rights.

20.3 No Misappropriation or Misrepresentation

Users may not:

  • Claim credit for work they did not perform
  • Display another individual’s or company’s work as their own
  • Use stock, templates, or AI-generated work without disclosure where required

20.4 Collab. Verification & Removal Rights

Collab. may:

  • Request proof of portfolio ownership
  • Temporarily unpublish listings
  • Remove disputed portfolio content

without liability or obligation to provide reasons.

20.5 No Liability for Portfolio Disputes

Collab. shall not be liable for:

  • Portfolio ownership disputes
  • Claims by third parties
  • Damages arising from misrepresented work

Responsibility rests solely with the User.

20.6 Indemnity

Users agree to indemnify Collab. against:

  • IP infringement claims
  • Employment-related disputes
  • Damages, costs, or legal fees

arising from portfolio content.

SECTION 21: CONFIDENTIALITY & DATA PROTECTION

21.1 Confidential Information

“Confidential Information” includes, but is not limited to:

  • Business plans, strategies, and trade secrets
  • Client data, financial information, and personal information
  • Project briefs, specifications, and communications
  • Any non-public information disclosed during an engagement

21.2 Confidentiality Obligations

Users agree to:

  • Keep all Confidential Information strictly confidential
  • Use such information solely for the purpose of the relevant engagement
  • Not disclose Confidential Information to any third party without consent

These obligations survive termination of an account or engagement.

21.3 Exclusions

Confidential Information does not include information that:

  • Is publicly available through no fault of the receiving party
  • Was lawfully known prior to disclosure
  • Is required to be disclosed by law or court order

21.4 Platform Communications

All communications conducted through the Platform:

  • Are subject to monitoring for security and compliance
  • May be accessed to investigate disputes or misuse

Collab. does not read private communications unless necessary for legitimate platform purposes.

21.5 User Responsibility for Data

Users are responsible for:

  • Safeguarding information shared through the Platform
  • Ensuring secure handling of Client or business data
  • Complying with confidentiality obligations applicable to their profession

Collab. is not responsible for data misuse by Users.

21.6 Security Measures

Collab. implements reasonable technical and organisational safeguards to protect data but:

  • Does not guarantee absolute security
  • Is not liable for breaches beyond reasonable control

21.7 Breach Notification & Protocol

Users must promptly notify Collab. if they become aware of:

  • Unauthorised access
  • Data breaches
  • Confidentiality violations

Collab.’s Breach Response Protocol:

  1. Notification Timeline: Collab. will notify affected Users within 72 hours of confirming a data breach affecting their personal information
  2. Regulatory Reporting: Where required by POPIA, Collab. will report breaches to the Information Regulator within the prescribed timeframe
  3. Remediation: Collab. will implement appropriate remediation measures and provide guidance to affected Users
  4. Cooperation: Users agree to cooperate with breach investigations and mitigation efforts

SECTION 22: POPIA COMPLIANCE (SOUTH AFRICA) – INTEGRATED PRIVACY FRAMEWORK

22.1 Commitment to POPIA

Collab. is committed to processing personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and applicable South African data protection laws.

Data Protection Officer Contact:

  • Name: [To be appointed]
  • Email: privacy@collabza.co.za
  • Physical Address: [Collab. Registered Address]

22.2 Personal Information Collected

Collab. may collect and process personal information including:

  • Names, contact details, and account information
  • Business details and credentials
  • Verification documentation
  • Payment-related information (processed via third parties)
  • Usage data and platform interactions
  • Communications and correspondence

22.3 Purpose of Processing

Personal information is processed for purposes including:

  • Account creation and management
  • Verification and fraud prevention
  • Facilitating engagements and payments
  • Platform analytics and improvements
  • Legal and regulatory compliance
  • Marketing and promotional activities (with consent)

Information is not processed for unrelated purposes without consent.

22.4 Lawful Basis for Processing

Collab. processes personal information on the basis of:

  • User consent (obtained during registration and for specific purposes)
  • Performance of a contract (Platform Terms of Service)
  • Legal obligations (tax, regulatory, compliance)
  • Legitimate business interests (platform security, fraud prevention, service improvement)

Users consent to such processing by using the Platform.

22.5 Data Sharing & Third Parties

Personal information may be shared with:

  • Payment processors (for transaction processing)
  • Verification providers (for identity and business verification)
  • Analytics and hosting providers (for platform operation)
  • Marketing partners (only with explicit consent)
  • Regulatory authorities (where legally required)
  • Professional advisors (lawyers, accountants)

Data Processing Agreements: All third-party processors are bound by data processing agreements that comply with POPIA requirements.

Collab. does not sell personal information.

22.6 User Responsibilities Under POPIA

Users who receive personal information through the Platform must:

  • Process such information lawfully and only for the agreed purpose
  • Implement reasonable security safeguards
  • Notify Collab. of any data breaches involving platform data
  • Comply with their own POPIA obligations as independent responsible parties

Collab. is not responsible for POPIA breaches by Users in their independent capacity.

22.7 Data Retention & Deletion

Specific Retention Periods:

  • Account data: 3 years after last activity or account closure
  • Transaction records: 5 years for tax and compliance purposes
  • Verification documents: 1 year after account closure
  • Communications: 2 years from date of communication
  • Marketing data: Until consent is withdrawn or 3 years of inactivity

Retention Criteria: Information is retained only as long as necessary for:

  • Legal and contractual requirements
  • Business operations
  • Dispute resolution
  • Historical analytics (anonymized where possible)

Deletion Process: Upon expiration of retention periods or valid deletion request:

  • Data is securely erased from active systems
  • Backups are purged according to backup rotation schedules
  • Confirmation of deletion is provided where requested

22.8 Data Subject Rights

Users have the right to:

  • Access: Request access to their personal information
  • Correction: Request correction of inaccurate or incomplete information
  • Deletion: Request deletion of personal information (subject to legal obligations)
  • Restriction: Request restriction of processing
  • Objection: Object to processing based on legitimate interests
  • Portability: Request data portability where applicable
  • Withdraw Consent: Withdraw consent at any time (does not affect prior processing)

Request Procedure: Rights requests may be made via:

  • Platform privacy dashboard
  • Email to privacy@collabza.co.za
  • Written request to Data Protection Officer

Response Timeline: Collab. will respond to valid requests within 21 days as required by POPIA.

22.9 Cross-Border Transfers

Where personal information is transferred outside South Africa:

  • Safeguards: Appropriate safeguards are implemented including:
  • Standard contractual clauses approved by the Information Regulator
  • Binding corporate rules for intra-group transfers
  • Adequacy decisions where applicable
  • Jurisdictions: Primary transfers may occur to:
  • EU/EEA countries (with adequacy decisions)
  • Countries with approved protection measures
  • Cloud service provider locations with POPIA-compliant agreements
  • Transparency: Users will be notified of significant transfers to new jurisdictions
  • User Consent: By using the Platform, Users consent to necessary cross-border transfers for platform operation

22.10 Security Safeguards

Collab. implements reasonable technical and organisational measures including:

  • Encryption: Data encryption in transit and at rest
  • Access Controls: Role-based access with authentication
  • Network Security: Firewalls, intrusion detection, regular security audits
  • Training: Staff training on data protection
  • Incident Response: Documented breach response procedures

Limitation: While reasonable measures are implemented, absolute security cannot be guaranteed in digital environments.

22.11 Automated Processing & AI Transparency

Where AI or algorithmic tools are used:

  • Disclosure: Users will be informed of significant automated decisions
  • Human Review: Human review of automated decisions is available upon request
  • Purpose: Automated processing purposes are disclosed in specific contexts
  • Bias Mitigation: Reasonable steps are taken to prevent discriminatory automated processing

22.12 Cookies & Tracking Technologies

The Platform uses:

  • Essential Cookies: Required for platform functionality
  • Analytics Cookies: For service improvement (with consent options)
  • Marketing Cookies: Only with explicit opt-in consent

Control: Users can manage cookie preferences through browser settings and platform consent tools.

22.13 Children’s Data

The Platform is not intended for children under 18. Collab. does not knowingly collect data from children without parental consent.

22.14 Policy Updates

This privacy framework may be updated to reflect:

  • Legal changes
  • Platform developments
  • Enhanced protection measures

Users will be notified of material changes.

SECTION 23: CONSUMER PROTECTION ACT (CPA) & ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT (ECTA)

23.1 Application of the Consumer Protection Act

Collab. acknowledges the application of the Consumer Protection Act 68 of 2008 (“CPA”) where applicable under South African law.

However, Users expressly acknowledge that:

  • Collab. operates as an intermediary platform, not the supplier of services
  • Services are supplied by independent third-party Users
  • Collab. is not the producer, distributor, or retailer of services

Accordingly, CPA obligations relating to service quality, defects, or performance rest solely with the service provider, not Collab.

23.2 CPA Limitations for Digital Marketplaces

To the extent permitted by the CPA:

  • Collab. disclaims liability for service outcomes
  • Collab. does not warrant fitness for purpose
  • Collab. does not guarantee service quality or timelines

Clients are encouraged to conduct independent due diligence before engaging service providers.

23.3 Cooling-Off Rights

Where CPA cooling-off rights apply:

  • Such rights apply between the Client and the service provider
  • Collab. is not responsible for enforcing cooling-off remedies

Digital services that have commenced may limit cooling-off rights in accordance with the CPA.

23.4 Electronic Transactions & Validity

In terms of the Electronic Communications and Transactions Act 25 of 2002 (ECTA):

  • Electronic communications are legally valid
  • Contracts may be concluded electronically
  • Electronic records constitute admissible evidence

Users consent to:

  • Electronic contracting
  • Electronic notices
  • Digital record-keeping

23.5 Platform Records

Platform records, including:

  • Messages
  • Transaction logs
  • Payment confirmations
  • Timestamps

may be used as prima facie evidence in disputes.

23.6 No Waiver of Statutory Rights

Nothing in these Terms excludes rights that cannot be lawfully excluded under South African law.

SECTION 24: DISCLAIMERS (PLATFORM LIABILITY EXCLUSIONS)

24.1 Platform Provided “As Is”

Collab. is provided on an “as is” and “as available” basis.

To the fullest extent permitted by South African law, Collab. makes no representations or warranties regarding:

  • The accuracy, completeness, or reliability of listings
  • The quality, legality, or suitability of services
  • Continuous availability or error-free operation

24.2 No Professional Advice

Collab. does not provide:

  • Legal advice
  • Financial advice
  • Medical or wellness advice
  • Tax or compliance advice

Any information obtained through the Platform is for general information purposes only and does not replace professional advice.

24.3 Independent Contractors

All freelancers, consultants, and businesses:

  • Operate as independent contractors
  • Are not employees, partners, agents, or representatives of Collab.

Collab. does not supervise, direct, or control how services are performed.

24.4 No Endorsement or Guarantee

Collab. does not:

  • Endorse any User, service, or listing
  • Guarantee outcomes, results, or satisfaction
  • Warrant that services will meet Client expectations

Ratings, reviews, and verification do not constitute endorsements.

24.5 Third-Party Content & Services

Collab. is not responsible for:

  • User-generated content
  • External websites or links
  • Third-party tools or payment providers

Users access third-party services at their own risk.

24.6 Advertising & Social Media Promotion Disclaimer

Where Collab. promotes verified businesses or services on its social media platforms:

  • Content may be supplied by the business based on approved direction
  • Collab. does not guarantee reach, engagement, or results
  • Collab. is not responsible for claims made by the advertised business

Responsibility for accuracy and legality of promotional content remains with the business.

24.7 Services Obtained at Own Risk

Users acknowledge that:

  • Any services purchased, consulted on, or received via Collab.collective are done at their own risk
  • Collab. is not legally responsible for outcomes, losses, or disputes

24.8 Technical Issues

Collab. is not liable for:

  • Downtime or system interruptions
  • Data loss due to technical failures
  • Cybersecurity incidents beyond reasonable control

SECTION 25: NO EMPLOYMENT, PARTNERSHIP OR AGENCY

25.1 Independent Contractor Relationship

Nothing in these Terms creates an employment relationship between Collab. and any User.

Freelancers, Consultants, and Advertisers:

  • Are not employees of Collab.
  • Are not entitled to employee benefits
  • Are responsible for their own taxes and statutory contributions

25.2 No Partnership or Joint Venture

No User is a partner, joint venturer, or agent of Collab.

Users may not:

  • Bind Collab. to any agreement
  • Represent themselves as Collab. partners
  • Use Collab. branding without permission

25.3 No Agency Relationship

Collab. does not act as agent for any User.

Users transact directly with each other at their own discretion and risk.

SECTION 26: THIRD-PARTY SERVICES & EXTERNAL LINKS

26.1 Third-Party Integration

The Platform may integrate with or link to third-party services including:

  • Payment processors
  • Communication tools
  • Analytics services
  • Social media platforms

26.2 No Endorsement or Liability

Collab.:

  • Does not endorse third-party services
  • Is not responsible for third-party terms or practices
  • Does not guarantee third-party service quality

26.3 User Responsibility

Users are responsible for:

  • Reviewing third-party terms
  • Assessing third-party service suitability
  • Their interactions with third parties

26.4 External Links

Links to external websites are provided for convenience only.

Collab. does not:

  • Control external content
  • Warrant external site accuracy
  • Endorse external site views

SECTION 27: INDEMNITIES

27.1 User Indemnity

Users agree to indemnify and hold harmless Collab., its directors, officers, employees, and partners from any claims, losses, or damages arising from:

  • Breach of these Terms
  • Violation of law
  • Infringement of intellectual property rights
  • Misuse of the Platform
  • Disputes between Users

27.2 Scope of Indemnity

This indemnity includes:

  • Legal costs and attorney fees
  • Settlement amounts
  • Damages awarded
  • Regulatory fines (where caused by User conduct)

27.3 Third-Party Claims

This indemnity covers claims brought by:

  • Clients
  • Other Users
  • Regulators
  • Third parties

27.4 Notification & Cooperation

Users must:

  • Promptly notify Collab. of potential claims
  • Cooperate in defence efforts
  • Not settle claims without Collab. consent

27.5 Survival

Indemnity obligations survive termination of these Terms.

SECTION 28: LIMITATION OF LIABILITY

28.1 Limitation of Liability

To the maximum extent permitted under South African law, Collab. shall not be liable for:

  • Indirect, incidental, consequential, or special damages
  • Loss of profits, revenue, data, or business opportunities
  • Reputational damage or economic loss

This applies whether liability arises in contract, delict, negligence, or otherwise.

28.2 Liability Cap

If Collab. is found liable despite these exclusions:

  • Liability is limited to the total fees paid by the User to Collab. in the preceding 6 months
  • If no fees were paid, liability is limited to ZAR 1,000

28.3 No Liability for User Conduct

Collab. is not liable for:

  • Acts or omissions of Users
  • Misrepresentation, fraud, or negligence by service providers
  • Intellectual property infringement by Users
  • Unlawful or unethical services

28.4 Exceptions

This limitation does not apply to:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Liability that cannot be excluded by law

28.5 Consumer Rights Preservation

Nothing in this section limits liability that cannot be excluded under applicable law, including the CPA where applicable.

SECTION 29: SUSPENSION, TERMINATION & REMOVAL

29.1 Right to Suspend or Terminate

Collab. reserves the right to:

  • Suspend
  • Restrict
  • Terminate

any User account at any time, with or without notice, where:

  • These Terms are breached
  • False or misleading information is provided
  • Fraud, misconduct, or unlawful activity is suspected
  • Platform integrity or User safety is at risk

29.2 Immediate Termination

Immediate termination may occur where:

  • Intellectual property infringement is alleged
  • Criminal or unethical conduct is suspected
  • Verification documents are falsified
  • Platform abuse or manipulation occurs

29.3 Effects of Termination

Upon termination:

  • Access to the Platform ceases
  • Listings, content, and profiles may be removed
  • Pending payments may be withheld pending investigation

29.4 Outstanding Obligations

Termination does not:

  • Release Users from payment obligations
  • Cancel active engagements unless legally required
  • Affect accrued rights or liabilities

29.5 User-Initiated Closure

Users may request account closure by:

  • Following dashboard procedures
  • Contacting Collab. support

Data retention remains subject to legal obligations.

29.6 Survival of Terms

The following sections survive termination:

  • Intellectual Property
  • Confidentiality
  • POPIA
  • Limitation of Liability
  • Indemnity
  • Governing Law & Dispute Resolution

SECTION 30: FRAUD, MISREPRESENTATION & MISUSE

30.1 Prohibited Conduct

Users may not engage in:

  • Fraudulent misrepresentation
  • Identity theft or impersonation
  • Payment fraud or chargeback abuse
  • Platform manipulation or gaming

30.2 Verification Fraud

Providing false verification documents may result in:

  • Immediate termination
  • Legal reporting
  • Forfeiture of funds

30.3 Payment Abuse

Abuse of payment systems including:

  • Unauthorised chargebacks
  • Payment fraud
  • Fee evasion

may result in account suspension and legal action.

30.4 Platform Manipulation

Attempts to manipulate:

  • Ratings and reviews
  • Search results
  • Platform metrics

are strictly prohibited.

30.5 Consequences

Violations may result in:

  • Account termination
  • Legal action
  • Reporting to authorities
  • Permanent ban from the Platform

SECTION 31: DISPUTE RESOLUTION & ARBITRATION

31.1 Internal Resolution

Before instituting legal proceedings, Users agree to:

  • Attempt to resolve disputes through Collab.’s internal resolution processes
  • Engage in good-faith discussions

This does not limit urgent legal relief.

31.2 Mediation

Where disputes cannot be resolved internally:

  • Parties may agree to mediation
  • Mediation shall take place in South Africa
  • Costs are shared unless otherwise agreed

31.3 Arbitration (Optional)

Subject to agreement:

  • Disputes may be referred to arbitration under South African arbitration rules
  • Arbitration will be confidential
  • The arbitrator’s decision is binding

31.4 Court Jurisdiction

Where court proceedings are necessary:

  • South African courts have exclusive jurisdiction
  • Users consent to such jurisdiction

31.5 Consumer Rights

Nothing in this section limits rights under the CPA or other applicable laws.

SECTION 32: GOVERNING LAW & JURISDICTION (SOUTH AFRICA)

32.1 Governing Law

These Terms of Service are governed by and interpreted in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

32.2 Jurisdiction

Users agree that any legal proceedings shall be brought in:

  • The High Court of South Africa; or
  • Appropriate Magistrate’s Court

having jurisdiction over the matter.

32.3 International Users

International Users consent to South African jurisdiction and waive any objection based on forum non conveniens.

32.4 Language

These Terms are drafted in English. In case of translation conflicts, the English version prevails.

SECTION 33: AMENDMENTS TO TERMS

33.1 Right to Amend

Collab. may amend these Terms from time to time to reflect:

  • Legal or regulatory changes
  • Platform updates
  • Operational requirements

33.2 Notification

Users will be notified of material changes via:

  • Platform notifications
  • Email (where provided)
  • Website announcements

33.3 Effective Date

Amendments become effective upon posting unless stated otherwise.

33.4 Continued Use

Continued use after amendments constitutes acceptance.

33.5 Historical Versions

Previous versions are archived and available upon request.

SECTION 34: FORCE MAJEURE

34.1 Definition

“Force Majeure” means events beyond reasonable control including:

  • Natural disasters
  • Power outages and load shedding
  • Cyber incidents
  • Government actions
  • Pandemics or health emergencies

34.2 Effect

Collab. is not liable for delays or failures caused by Force Majeure events.

34.3 Mitigation

Collab. will make reasonable efforts to mitigate Force Majeure impacts.

34.4 Notification

Users will be notified of significant Force Majeure events affecting the Platform.

SECTION 35: SEVERABILITY

35.1 Severability Clause

If any provision is found unlawful or unenforceable:

  • That provision is severed
  • Remaining provisions remain in full force

35.2 Reformation

If possible, invalid provisions will be reformed to achieve original intent.

35.3 No Invalidity

Partial invalidity does not invalidate the entire agreement.

SECTION 36: ENTIRE AGREEMENT

36.1 Complete Agreement

These Terms constitute the entire agreement between Collab. and Users.

36.2 Supersession

These Terms supersede all prior agreements, representations, or understandings.

36.3 No Reliance

Users acknowledge they have not relied on any representation not contained herein.

36.4 Side Agreements

Any side agreements must be in writing and signed by authorised representatives.

SECTION 37: CONTACT INFORMATION

37.1 Official Contact

Legal notices and inquiries may be directed to:

Collab. / Collab Collective

  • Registered Address: [To be completed]
  • Email: legal@collab.co.za
  • Website: www.collab.co.za
  • Phone: [To be completed]

37.2 Data Protection Officer

For privacy matters:

  • Email: privacy@collab.co.za
  • Phone: [To be completed]

37.3 Support

For general support:

  • Email: support@collab.co.za
  • Help Center: [Platform URL]

37.4 Notices

Formal notices must be in writing and sent to the registered address.

SECTION 38: INTEGRATED POLICIES

38.1 PRIVACY POLICY (POPIA-DETAILED)

38.1.1 Legal Framework

Collab. processes personal information in accordance with:

  • Protection of Personal Information Act 4 of 2013 (POPIA)
  • Electronic Communications and Transactions Act 25 of 2002 (ECTA)
  • Applicable South African data protection laws

38.1.2 Information We Collect

  • Identity and contact information (name, email, phone)
  • Business details and credentials (registration numbers, qualifications)
  • Verification documents (ID, business registration, certificates)
  • Platform usage data (logs, analytics, interactions)
  • Payment-related information (processed via secure third parties)
  • Communications and correspondence

38.1.3 Purpose of Collection

Personal information is collected for:

  • Account creation, verification, and management
  • Facilitating engagements and transactions
  • Fraud prevention and security enhancement
  • Platform analytics and service improvement
  • Legal and regulatory compliance
  • Marketing and promotions (with explicit consent)

38.1.4 Information Sharing

Collab. may share information with:

  • Payment processors: For transaction processing (secure, encrypted)
  • Verification providers: For identity and business verification
  • Analytics partners: For service improvement (anonymized where possible)
  • Hosting providers: For platform operation (POPIA-compliant agreements)
  • Regulatory authorities: Where legally required
  • Professional advisors: Lawyers, accountants (under confidentiality)

Data Processing Agreements: All third parties are bound by agreements that comply with POPIA requirements.

No Sale of Data: Collab. does not sell personal information to third parties.

38.1.5 Data Security

Collab. implements:

  • Technical measures: Encryption, firewalls, access controls
  • Organisational measures: Staff training, privacy by design
  • Physical security: Secure facilities, access restrictions

Limitation: While reasonable measures are implemented, no electronic transmission or storage is 100% secure.

38.1.6 Data Subject Rights

Users have rights to:

  • Access: Request access to personal information
  • Correction: Request correction of inaccurate data
  • Deletion: Request deletion (subject to legal obligations)
  • Objection: Object to processing
  • Restriction: Request restriction of processing
  • Portability: Request data portability
  • Withdraw Consent: Withdraw consent at any time

Procedure: Submit requests via privacy@collab.co.za with verification.

Timeline: Responses provided within 21 days as required by POPIA.

38.1.7 Data Retention

Specific retention periods:

  • Account data: 3 years after last activity
  • Transaction records: 5 years for tax/compliance
  • Verification documents: 1 year after account closure
  • Marketing data: Until consent withdrawal or 3 years inactivity

Basis: Retained only as necessary for legal, contractual, or operational purposes.

38.1.8 Cross-Border Transfers

Where transfers occur outside South Africa:

  • Safeguards: Standard contractual clauses, adequacy decisions
  • Transparency: Users notified of significant transfers
  • Consent: By using the Platform, Users consent to necessary transfers

38.1.9 Automated Processing

Where automated tools are used:

  • Transparency: Purposes disclosed
  • Human Review: Available upon request
  • Bias Prevention: Reasonable steps taken

38.1.10 Cookies & Tracking

  • Essential: Required for functionality
  • Analytics: For improvement (consent options)
  • Marketing: Only with explicit opt-in

Control: Manage through browser settings and platform tools.

38.1.11 Children’s Data

Platform not intended for under 18s. No knowing collection without parental consent.

38.1.12 Updates

Policy reviewed regularly. Users notified of material changes.

38.1.13 Contact

Data Protection Officer: privacy@collab.co.za

38.2 ACCEPTABLE USE POLICY

38.2.1 Permitted Use

Users may use the Platform solely for:

  • Professional service discovery and engagement
  • Legitimate business advertising and promotion
  • Professional networking and collaboration
  • Platform-intended functionalities

38.2.2 Prohibited Conduct

Users may not:

A. Illegal Activities
  • Offer or request illegal services
  • Engage in fraudulent activities
  • Violate intellectual property rights
  • Breach confidentiality obligations
B. Misrepresentation
  • Provide false information
  • Impersonate others
  • Fake credentials or qualifications
  • Misrepresent portfolio work
C. Platform Abuse
  • Circumvent fees or payment systems
  • Manipulate ratings or reviews
  • Use bots or automated tools
  • Harvest data or spam Users
D. Harmful Conduct
  • Harass, threaten, or abuse others
  • Discriminate based on protected characteristics
  • Share malicious content or code
  • Disrupt Platform operations
E. Payment Evasion
  • Solicit off-platform transactions
  • Share contact details to bypass systems
  • Encourage fee avoidance

38.2.3 Content Standards

All content must:

  • Be accurate and truthful
  • Respect intellectual property rights
  • Not be defamatory or discriminatory
  • Comply with applicable laws

38.2.4 Communication Standards

Messaging must be:

  • Professional and respectful
  • Related to legitimate engagements
  • Free from spam or unsolicited marketing

38.2.5 Enforcement

Collab. may:

  • Remove violating content
  • Suspend or terminate accounts
  • Report illegal activity to authorities
  • Withhold payments in cases of fraud

38.2.6 Reporting

Users should report violations via:

  • Platform reporting tools
  • Email to compliance@collab.co.za

38.2.7 Zero Tolerance

Collab. maintains zero tolerance for:

  • Fraud and scams
  • Intellectual property theft
  • Harassment and abuse
  • Platform manipulation

38.3 REFUND & CANCELLATION POLICY

38.3.1 Platform Role

Collab.:

  • Is not the service provider
  • Does not guarantee service outcomes
  • Facilitates payments but does not hold funds as escrow

38.3.2 Deposits

General rule:

  • 50% deposit required before work commences
  • Deposits may be non-refundable once work begins
  • Specific terms should be agreed between Users

38.3.3 Cancellations

Cancellation terms:

  • Governed by agreement between Client and service provider
  • Should be specified in quotes/proposals
  • Collab. may assist but does not enforce terms

38.3.4 Refunds

Refund considerations:

  • Non-delivery: Service not provided as agreed
  • Material breach: Significant deviation from scope
  • Mutual agreement: Both parties agree to refund
  • Platform error: Technical issue causing loss

38.3.5 Dispute Process

For payment disputes:

  1. Direct resolution: Parties attempt to resolve directly
  2. Platform assistance: Collab. may review communications
  3. Evidence consideration: Based on scope and deliverables
  4. Administrative decision: Collab. may make binding platform decision

38.3.6 Chargebacks

Chargeback policy:

  • May result in account suspension
  • Administrative fees may apply
  • Platform may reverse payments based on evidence

38.3.7 CPA Considerations

Where CPA applies:

  • Cooling-off rights between Client and provider
  • Collab. not responsible for enforcing CPA rights
  • Digital service commencement may limit rights

38.3.8 No Guarantee

Collab. does not guarantee:

  • Refund outcomes
  • Dispute resolutions
  • Service quality assessments

38.4 VERIFICATION & TRUST POLICY

38.4.1 Verification Purpose

Verification aims to:

  • Enhance platform trust and safety
  • Reduce fraud and misrepresentation
  • Provide basic legitimacy checks

38.4.2 Verification Process

Process includes:

  • Identity verification: Government ID for individuals
  • Business verification: Registration documents for companies
  • Credential checks: Qualifications where applicable
  • Portfolio review: Work sample authenticity

38.4.3 Verification Levels

  • Basic: Email and phone verification
  • Standard: Identity/business document verification
  • Enhanced: Additional credential or reference checks

38.4.4 No Guarantee

Verification does not guarantee:

  • Service quality or outcomes
  • Professional competence
  • Regulatory compliance
  • Ongoing performance

38.4.5 Anonymity Model

Public profiles show:

  • Skills and experience
  • Portfolio samples
  • Ratings and reviews
  • Pseudonyms (not real names)

38.4.6 Portfolio Authenticity

Users must:

  • Own or have rights to portfolio work
  • Not misrepresent involvement
  • Not use others’ work without permission

38.4.7 Re-verification

Collab. may:

  • Re-verify Users periodically
  • Request updated documents
  • Suspend pending verification

38.4.8 Misrepresentation Consequences

False information may result in:

  • Immediate suspension
  • Profile removal
  • Legal reporting
  • Permanent ban

38.4.9 User Responsibility

Users remain responsible for:

  • Accuracy of information
  • Ongoing compliance
  • Professional conduct

38.4.10 Trust Indicators

Platform provides:

  • Verification badges
  • Rating systems
  • Review mechanisms
  • Performance metrics

38.5 COMMISSION & FEES POLICY

38.5.1 Platform Fees

Collab. may charge:

A. Transaction Commissions
  • Percentage of completed transaction value
  • Disclosed before engagement confirmation
  • Deducted from payout to service provider
B. Listing Fees
  • For featured or premium listings
  • Monthly or annual subscription options
  • Clearly displayed before purchase
C. Advertising Fees
  • For promotional placements
  • Social media promotion packages
  • Custom campaign pricing
D. Service Fees
  • For additional platform services
  • Consultancy or support services
  • Custom development work

38.5.2 Fee Disclosure

All fees:

  • Clearly displayed before commitment
  • Included in quotes and invoices
  • Subject to change with notice

38.5.3 Payment Processing

  • Third-party processors handle payments
  • Collab. not responsible for processor delays
  • Processing fees may apply

38.5.4 Payouts

Service providers receive:

  • Transaction value minus commission
  • Payouts according to processor schedules
  • Minimum payout thresholds may apply

38.5.5 Tax Responsibility

Users are responsible for:

  • VAT registration and compliance
  • Income tax obligations
  • Withholding taxes (if applicable)

Collab. does not:

  • Provide tax advice
  • Deduct taxes unless legally required
  • File tax returns on behalf of Users

38.5.6 Fee Changes

Collab. may:

  • Update fees with reasonable notice
  • Grandfather existing arrangements
  • Provide notice of changes

38.5.7 Disputes & Chargebacks

  • Chargebacks may incur administrative fees
  • Disputed payments may be withheld
  • Fraudulent activity may result in fee forfeiture

38.5.8 Refund of Fees

Platform fees are generally:

  • Non-refundable
  • Earned upon service provision
  • Refundable only where legally required

38.5.9 Transparency

Collab. provides:

  • Clear fee breakdowns
  • Transaction history
  • Payout reports
  • Tax documentation where applicable

ACCEPTANCE & ACKNOWLEDGEMENT

By accessing or using the Collab. Platform, you acknowledge that:

  1. You have read and understood these comprehensive Terms of Service and Integrated Policies
  2. You agree to be bound by all provisions contained herein
  3. You have legal capacity to enter into this agreement
  4. You consent to electronic contracting and communications
  5. You understand that Collab. operates as an intermediary platform only
  6. You accept the privacy and data protection framework
  7. You acknowledge the limitations of liability and indemnity provisions
  8. You agree to South African law and jurisdiction

FINAL USER ACKNOWLEDGEMENT & LEGAL CONFIRMATION

By accessing, registering on, or using the Collab. Platform in any capacity (as a Client, Freelancer, Consultant, Advertiser, or any other User category), you hereby make the following binding acknowledgements and confirmations:

  1. Ultimate Risk Assumption: You accept and agree that your use of the Platform and any services obtained through it is entirely at your own risk. Collab. acts solely as an intermediary and provides the Platform “as is,” with all faults, as expressly detailed in these Terms.
  2. Binding Legal Agreement: Your registration, login, or use of the Platform constitutes your electronic signature and signifies your unconditional acceptance to be legally bound by these Comprehensive Terms of Service and all Integrated Policies. Your agreement is valid and enforceable under the Electronic Communications and Transactions Act (ECTA).
  3. No Defence of Non-Reading: You expressly waive any right to claim that you did not read, understand, or have the opportunity to review these Terms. Ignorance of these Terms is not and will not be accepted as a defence in any dispute, claim, or legal proceeding.
  4. Prohibition on Defamatory Statements: You agree not to make, publish, or disseminate any false, defamatory, disparaging, or malicious statements about Collab., its services, operations, or representatives on social media, review platforms, or any other public or private forum. This includes, but is not limited to, false claims about contracts, services not rendered, or the legal status of agreements.
  5. Legal Recourse for Slander/Defamation: Collab. reserves all legal rights to take immediate and serious action against any individual or entity that engages in slander, libel, defamation, or the malicious publication of untrue statements that harm its reputation or business. This may include, but is not limited to:
  • Issuing cease and desist letters.
  • Initiating civil claims for damages.
  • Pursuing litigation for defamation under South African law.
  • Reporting the matter to relevant authorities.
  1. Affirmation of Understanding: By proceeding, you affirm that you are of legal capacity, have read this document, and understand that it is a legally binding contract.

Last Updated: 30 January 2026

Effective Date: 30 January 2026

Previous Version: [Not applicable – Initial comprehensive version]

Contact for Questions: email us here

Last updated: March 3, 2026

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