HirePro (PTY) LTD T&Cs

Registration Number: 2025 / 256835 / 07

Version: 2.0

TABLE OF CONTENTS

PART A: GENERAL PROVISIONS

1. Definitions and Interpretation

2. Acceptance of Terms

3. Platform Description and Services

4. Eligibility and Registration

PART B: INDEPENDENT CONTRACTOR FRAMEWORK

5. Employment Status and Classification

6. Section 200A Labour Relations Act Compliance

PART C: DATA PROTECTION AND PRIVACY

7. Protection of Personal Information Act Compliance

8. Data Processing and Security

PART D: PLATFORM OPERATIONS

9. Staff User Obligations and Conduct

10. Business User Obligations and Conduct

11. Shift Booking and Fulfilment Process

12. Vetting and Background Verification

PART E: FINANCIAL TERMS

13. Fee Structure and Payment Terms

14. Rate Setting and Minimum Wage Compliance

15. Tax and Statutory Obligations

16. Refund Policy

17. Cancellation Policy

PART F: LIABILITY AND RISK ALLOCATION

18. Limitation of Liability

19. Indemnification

20. Insurance Requirements

21. Occupiers' Liability and Workplace Safety

PART G: SAFETY AND COMPLIANCE

22. Sexual Harassment and Discrimination Policy

23. Health and Safety Requirements

24. Disciplinary Procedures and Deactivation

PART H: DISPUTE RESOLUTION

25. Dispute Resolution Framework

26. Arbitration Procedures

27. Statutory Rights Preservation

PART I: GENERAL LEGAL PROVISIONS

28. Intellectual Property Rights

29. Confidentiality

30. Termination

31. Force Majeure

32. General Terms

33. Governing Law and Jurisdiction

PART A: GENERAL PROVISIONS

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these Terms and Conditions, unless the context indicates otherwise:

"Arbitration Act" means the Arbitration Act 42 of 1965, as amended.

"BCEA" means the Basic Conditions of Employment Act 75 of 1997, as amended.

"Business User" means any individual, company, close corporation, trust or other legal entity registered on the Platform to book Staff Users for hospitality services, including but not limited to restaurants, hotels, event venues, catering companies, bars, lodges, private households, conference centres, and catering services.

"Cancellation Fee" means the fee charged by HireProStaff to a Business User who cancels a confirmed Shift, calculated in accordance with the Cancellation Policy set out in Section 17.

"CCMA" means the Commission for Conciliation, Mediation and Arbitration established under the Labour Relations Act.

"Consumer Protection Act" or "CPA" means the Consumer Protection Act 68 of 2008, as amended.

"Criminal Background Check" means the official criminal record verification conducted through the South African Police Service Automated Fingerprint Identification System (SAPS AFIS), being the legally recognized standard for criminal record checks in South Africa.

"Data Subject" has the meaning ascribed to it in POPIA, being the person to whom personal information relates.

"Deactivation" means the temporary or permanent suspension of a User's access to the Platform, whether initiated by HireProStaff for policy violations or requested by the User.

"Employment Equity Act" means the Employment Equity Act 55 of 1998, as amended.

"Experience Level" means the classification assigned by HireProStaff to a Staff User based on their verified work experience, qualifications, certifications, references, and demonstrated competence, which determines their applicable Rate Level.

"Fee" or "Platform Fee" means the service fee charged by HireProStaff for facilitating connections between Staff Users and Business Users, calculated as a percentage of the Shift Rate and included in the Total Shift Cost.

"Gross Misconduct" means conduct that is so serious it justifies immediate termination of the service relationship without notice, including but not limited to theft, violence, gross insubordination, intoxication, sexual harassment, serious breach of safety rules, or fraudulent conduct.

"Gross Negligence" means conduct that falls significantly below the standard ordinarily expected of a reasonable person and involves a conscious and voluntary disregard of the need to exercise reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property or both.

"HireProStaff," "Platform," "we," "us," or "our" means HireProStaff (Pty) Ltd, a company duly incorporated under the laws of the Republic of South Africa, with registration number [to be inserted], and having its principal place of business at [address], Cape Town, Western Cape, Republic of South Africa.

"Independent Contractor" means a person who is not an employee and who provides services to another party under a contract for services, retaining control over the manner and means of performing the work, bearing their own business risk, and not being economically dependent on any single client.

"Information Regulator" means the Information Regulator established under POPIA, being the supervisory authority responsible for monitoring and enforcing compliance with POPIA.

"Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

"Labour Relations Act" or "LRA" means the Labour Relations Act 66 of 1995, as amended.

"Minimum Wage" means the national minimum wage as determined under the National Minimum Wage Act 9 of 2018, as amended, or the applicable sectoral determination rate pursuant to Sectoral Determination 14, whichever is higher.

"Non-Delegable Duty" means a legal duty that cannot be discharged by entrusting its performance to another party, and for which the duty-bearer remains liable notwithstanding delegation to an independent contractor, particularly in the context of occupiers' liability for premises safety.

"Occupiers' Liability" means the common law duty of care owed by a person in control of premises to persons entering those premises, which duty is non-delegable under South African law and requires the occupier to take reasonable steps to guard against reasonably foreseeable harm.

"OHSA" means the Occupational Health and Safety Act 85 of 1993, as amended, and includes all regulations promulgated thereunder.

"Personal Information" has the meaning ascribed to it in POPIA, being information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person, including but not limited to information relating to race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person.

"Platform" means the HireProStaff digital marketplace platform, including the website located at www.hireprostaff.co.za, mobile applications (iOS and Android), application programming interfaces (APIs), and all related technology infrastructure, software, databases, and systems that facilitate connections between Staff Users and Business Users.

"POPIA" means the Protection of Personal Information Act 4 of 2013, as amended.

"Prepayment" means the Total Shift Cost that must be paid by the Business User to HireProStaff before a Shift booking is confirmed and posted on the Platform.

"Rate Level" means the hourly rate assigned by HireProStaff to a Staff User based on their Experience Level, which represents the standard rate for that Staff User's services and complies with applicable minimum wage legislation.

"Refund" means the return of all or part of the Prepayment to the Business User in accordance with the Refund Policy set out in Section 16.

"Responsible Party" has the meaning ascribed to it in POPIA, being the public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information.

"SAPS AFIS" means the South African Police Service Automated Fingerprint Identification System, being the official biometric system for conducting criminal record checks in the Republic of South Africa.

"Section 200A Presumption" means the rebuttable presumption of employment created by Section 200A of the Labour Relations Act where certain factors enumerated in that section are present.

"Sectoral Determination 14" means Sectoral Determination 14: Hospitality Sector, South Africa, as published and amended from time to time by the Minister of Employment and Labour in terms of Section 51 of the BCEA.

"Sexual Harassment" means unwelcome conduct of a sexual nature that violates a person's dignity or creates a hostile, degrading, humiliating or offensive environment, as defined in Section 6 of the Employment Equity Act and the Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace published in terms of Section 87(1)(a) of the Employment Equity Act.

"Shift" means a discrete period of work with defined start and end times, booked by a Business User through the Platform and accepted by a Staff User, for the provision of specified hospitality services at a designated location.

"Shift Rate" means the hourly or daily rate set by HireProStaff for a Staff User's services based on their Experience Level and Rate Level, which rate must meet or exceed the applicable Minimum Wage and sectoral determination rates.

"Special Personal Information" has the meaning ascribed to it in Section 26 of POPIA, including information concerning a person's religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information, criminal behavior to the extent that such information relates to the alleged commission by a Data Subject of any offense, or any proceedings in respect of any offense allegedly committed by a Data Subject or the disposal of such proceedings.

"Staff User" means an individual registered on the Platform as an independent contractor to provide hospitality services to Business Users, including but not limited to waiters, waitresses, bartenders, baristas, chefs, sous chefs, kitchen assistants, event staff, ushers, hosts, hostesses, housekeeping personnel, room attendants, porters, and any other hospitality service providers.

"Terms" or "Agreement" means these Terms and Conditions of Service, including all schedules, annexures, policies referenced herein, and any amendments thereto made from time to time in accordance with Section 2.3.

"Total Shift Cost" means the aggregate amount payable by the Business User for a Shift, comprising the Shift Rate multiplied by the Shift duration plus the Platform Fee, taxes, and any applicable surcharges.

"User" means any person who accesses or uses the Platform, whether as a Staff User, Business User, or visitor, and includes both natural and juristic persons.

"Vicarious Liability" means the legal doctrine under which one party may be held liable for the delicts or torts committed by another party with whom they have a particular legal relationship, typically arising from an employment relationship or where the principal exercises sufficient control over the agent's actions to justify attribution of liability.

"Wilful Misconduct" means intentional wrongful conduct with knowledge that the conduct is harmful or with reckless disregard of its harmful consequences.

1.2 Interpretation

In these Terms, unless the context clearly indicates otherwise:

1.2.1 Words importing the singular include the plural and vice versa;

1.2.2 Words importing one gender include the other genders and neuter;

1.2.3 A reference to a natural person includes a juristic person and vice versa;

1.2.4 Headings and subheadings are for convenience only and shall not affect the interpretation of these Terms;

1.2.5 References to any statute, regulation, ordinance, or other law shall include all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting such statute, regulation, ordinance, or law;

1.2.6 The words "include," "including," "such as," "for example," and "in particular" shall not limit the generality of any preceding words and shall be construed as if they were followed by "without limitation";

1.2.7 Where any period is prescribed, such period shall be reckoned exclusively of the first day and inclusively of the last day unless the last day falls on a Saturday, Sunday, or public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding business day which is not a Saturday, Sunday, or public holiday;

1.2.8 The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation thereof (contra proferentem rule) shall not apply to these Terms;

1.2.9 Where figures are referred to in numerals and words, and there is a conflict between the two, the words shall prevail, unless the context indicates a contrary intention;

1.2.10 References to "days" mean calendar days unless expressly stated to be "business days";

1.2.11 References to "writing" or "written" include email and other electronic communications unless expressly stated otherwise;

1.2.12 The use of the word "or" shall not be exclusive and shall be interpreted to mean "and/or" where the context so requires;

1.2.13 Any reference to "herein," "hereof," "hereto," and similar expressions shall be construed as references to these Terms as a whole and not to any particular section or provision.

2. ACCEPTANCE OF TERMS

2.1 BINDING AGREEMENT

CRITICAL LEGAL NOTICE - READ CAREFULLY

THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING THE PLATFORM, CLICKING "ACCEPT," "I AGREE," OR ANY SIMILAR BUTTON, CREATING AN ACCOUNT, REGISTERING AS A USER, BOOKING A SHIFT, ACCEPTING A SHIFT, OR MAKING PAYMENT THROUGH THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT:

2.1.1 You have read these Terms in their entirety;

2.1.2 You understand these Terms completely;

2.1.3 You agree to be bound by these Terms and all policies referenced herein;

2.1.4 These Terms constitute a valid, binding, and enforceable agreement between you and HireProStaff;

2.1.5 You have had the opportunity to seek independent legal advice regarding these Terms;

2.1.6 If you do not agree to these Terms, you must immediately cease all use of the Platform and may not create an account or use any Platform services.

2.2 Capacity and Authority

By accepting these Terms, you warrant, represent, and undertake that:

2.2.1 You are at least 18 years of age and possess full legal capacity to enter into binding contracts under the laws of the Republic of South Africa;

2.2.2 You have full legal capacity (sui juris) and are not under any legal disability, curatorship, or other incapacity that would prevent you from entering into this Agreement;

2.2.3 If accepting these Terms on behalf of a company, close corporation, trust, partnership, or other juristic person, you:

- Have the necessary authority, power, and capacity to bind such entity;

- Are duly authorized by such entity's governing documents to enter into this Agreement;

- Will provide proof of such authority upon request by HireProStaff;

2.2.4 You are not prohibited by any law, statute, regulation, court order, arbitration award, contractual obligation, or any other legal impediment from entering into this Agreement or performing your obligations hereunder;

2.2.5 All information provided during registration and thereafter is true, accurate, current, complete, and not misleading in any respect;

2.2.6 You are legally entitled to work in the Republic of South Africa, whether as a South African citizen, permanent resident, or holder of a valid work permit or visa;

2.2.7 You have not been convicted of any criminal offense involving dishonesty, fraud, theft, violence, or sexual offenses, or if you have been so convicted, you have disclosed such conviction during the registration process;

2.2.8 You are not currently subject to any disciplinary proceedings, criminal prosecution, or civil litigation that would materially affect your ability to perform obligations under these Terms;

2.2.9 You understand that any misrepresentation regarding your capacity, authority, or eligibility constitutes a material breach of these Terms and may result in immediate Deactivation and potential legal action.

2.3 Amendments to Terms

2.3.1 Right to Amend

HireProStaff reserves the unilateral right to amend, modify, supplement, or replace these Terms from time to time at its sole discretion for any reason, including but not limited to:

- Compliance with new or amended legislation;

- Regulatory or industry requirements;

- Improvement of Platform operations and functionality;

- Enhancement of user safety and security;

- Addressing changing business needs;

- Responding to market conditions;

- Mitigating identified risks or liabilities.

2.3.2 Notification of Material Amendments

Users will be notified of material amendments that substantively affect their rights or obligations at least thirty (30) calendar days before the effective date of such amendments through the following means:

- Email to the registered email address;

- In-Platform notification prominently displayed upon login;

- SMS notification to the registered mobile number (where applicable).

2.3.3 Notification of Non-Material Amendments

Non-material amendments, including administrative, typographical, or clarifying changes, may be implemented with immediate effect and will be notified to Users through Platform notification and by updating the "Last Modified" date at the top of these Terms.

2.3.4 Deemed Acceptance

Continued use of the Platform after the effective date of amendments constitutes your unqualified acceptance of and agreement to be bound by the revised Terms. Continued use includes but is not limited to:

- Logging into your account;

- Booking or accepting Shifts;

- Accessing Platform features;

- Communicating through the Platform;

- Making or receiving payments through the Platform.

2.3.5 Right to Reject Amendments

If you do not accept amended Terms, you must:

- Cease all use of the Platform immediately;

- Submit a written request for account deactivation to support@hireprostaff.co.za;

- Complete all outstanding Shift obligations before deactivation;

- Settle all outstanding payments before deactivation.

2.3.6 No Retroactive Effect

Amendments to Terms shall not have retroactive effect and shall apply only to Shifts booked after the effective date of the amendments, unless:

- Required by law;

- Necessary to protect Platform integrity or User safety;

- Expressly stated otherwise in the amendment notice.

2.3.7 Version Control

HireProStaff maintains archived versions of these Terms. Users may request copies of previous versions by contacting legal@hireprostaff.co.za.

3. PLATFORM DESCRIPTION AND SERVICES

3.1 Nature of Platform Services

3.1.1 Digital Marketplace Model

HireProStaff operates a sophisticated digital marketplace platform that facilitates connections between experienced, vetted independent hospitality professionals (Staff Users) and businesses or individuals requiring temporary or ad-hoc hospitality services (Business Users) within the Republic of South Africa.

3.1.2 FUNDAMENTAL DISCLAIMER OF EMPLOYMENT AGENCY STATUS

HIREPROSTAFF IS NOT:

- An employment agency as defined in the Labour Relations Act;

- A labour broker as defined in the Labour Relations Act;

- A temporary employment service (TES) as defined in Section 198A of the Labour Relations Act;

- A private employment agency as defined by the Private Employment Agencies Convention, 1997 (No. 181) of the International Labour Organization;

- An employer of Staff Users;

- An entity that places employees with Business Users;

- A party to the service contracts formed between Staff Users and Business Users.

HIREPROSTAFF'S SOLE FUNCTION is to provide technological infrastructure and administrative services that enable independent contractors to connect with businesses requiring their services on a transaction-by-transaction basis.

3.1.3 Platform Services Provided

HireProStaff provides the following services exclusively:

(a) Technology Infrastructure:

- Secure web and mobile application platforms;

- User registration and profile management systems;

- Digital identity verification systems;

- Encrypted communication channels;

- Cloud-based data storage and processing.

(b) Matching and Connection Services:

- Shift posting and listing functionality;

- Search and filtering tools;

- Automated matching algorithms based on location, skills, availability, and Experience Level;

- Real-time notification systems.

- Criminal background checks through SAPS AFIS;

- Identity document verification;

- Work history and reference verification;

- Skills and qualification verification;

- Ongoing monitoring and re-verification processes.

(d) Payment Processing:

- Secure payment gateway integration;

- Prepayment collection and holding in trust;

- Payment disbursement to Staff Users;

- Invoicing and financial record generation;

- Tax documentation and reporting assistance.

(e) Administrative Support:

- Customer support services;

- Dispute resolution facilitation;

- Documentation and record-keeping;

- Compliance monitoring and reporting.

(f) Quality Assurance:

- Rating and review systems;

- Performance tracking and analytics;

- Quality control mechanisms;

- Continuous improvement initiatives.

(g) Insurance Coordination:

- Coordination of insurance coverage where applicable;

- Claims assistance for covered events.

3.2 Limited Role and Disclaimers

3.2.1 Strict Limitation of HireProStaff's Role

HireProStaff's role is strictly and exclusively limited to providing the technological platform and related administrative services described in Section 3.1.3. HireProStaff expressly disclaims any role beyond platform provision.

3.2.2 What HireProStaff Does NOT Do

HireProStaff explicitly does NOT:

(a) Employment-Related Functions:

- Employ, engage, or contract Staff Users as employees, workers, or agents;

- Exercise employer-like control over Staff Users;

- Provide employee benefits, paid leave, or statutory benefits to Staff Users;

- Deduct UIF, PAYE, or SDL on behalf of Staff Users;

- Accept liability for employment-related claims from or against Staff Users;

- Make employment decisions for Business Users;

- Supervise, manage, or direct Staff Users during Shifts.

(b) Work Performance Control:

- Control the manner, means, or methods by which Staff Users perform their work;

- Dictate work techniques, procedures, or professional approaches;

- Provide work tools, equipment, or uniforms (unless specifically agreed for a particular booking);

- Determine break schedules or rest periods during Shifts;

- Impose dress codes beyond basic professional standards;

- Monitor Staff Users' work performance in real-time.

- ~~Set Staff User rates~~ [CORRECTED: HireProStaff DOES set rates based on Experience Level];

- Negotiate rates on behalf of either party;

- Guarantee specific income levels to Staff Users;

- Interfere with the economic relationship between Staff Users and Business Users.

NOTE: HireProStaff sets Rate Levels for Staff Users based on verified experience, qualifications, and competence assessments. This rate-setting function is performed to ensure quality standards, market consistency, and legal compliance with minimum wage requirements, and does not create an employment relationship.

(d) Service Guarantees:

- Guarantee the availability of Staff Users for any particular Shift or location;

- Guarantee the quality, skill level, or performance of any Staff User;

- Guarantee that Staff Users will accept Shift bookings;

- Guarantee that booked Staff Users will attend or complete Shifts;

- Accept liability for Staff User performance, misconduct, or negligence;

- Guarantee that Business Users will honor bookings or treat Staff Users appropriately.

(e) Relationship Management:

- Mediate disputes beyond providing a facilitation framework;

- Make binding decisions in disputes between Users;

- Accept responsibility for relationship breakdowns;

- Compel Users to continue relationships after disputes.

3.3 Direct Contractual Relationship Between Users

3.3.1 Formation of Independent Service Contract

When a Business User books a Staff User for a Shift through the Platform, and the Prepayment is received and processed by HireProStaff, a direct, independent service contract (locatio conductio operarum) is formed between the Business User and the Staff User. This service contract is:

- Governed by the common law of contract in South Africa;

- Subject to these Terms as the framework agreement;

- Independent of and separate from any agreement between Users and HireProStaff;

- A contract for services, not a contract of employment (locatio conductio operis, not locatio conductio operarum).

3.3.2 HireProStaff's Non-Party Status

HireProStaff is expressly NOT:

- A party to the service contract between Staff Users and Business Users;

- A principal, agent, partner, or joint venturer with either User;

- Liable for the performance, breach, or termination of the service contract;

- Responsible for enforcing the service contract;

- Guarantor or surety for either party's performance.

3.3.3 Direct Responsibility of Parties

The following responsibilities rest exclusively with the contracting parties:

(a) Business User Responsibilities:

- Providing clear job descriptions and expectations;

- Providing necessary equipment, tools, and materials;

- Ensuring workplace safety and OHSA compliance;

- Providing necessary instruction and orientation;

- Supervising and directing work performance;

- Assessing work quality and providing feedback;

- Managing workplace conduct and discipline;

- Complying with all applicable laws during the Shift.

(b) Staff User Responsibilities:

- Attending punctually and completing the full Shift duration;

- Performing services with reasonable skill and care;

- Following lawful instructions and venue policies;

- Maintaining professional conduct throughout the Shift;

- Using equipment and materials responsibly;

- Complying with health and safety requirements;

- Reporting incidents or problems immediately.

3.3.4 Platform as Facilitator Only

HireProStaff's role as facilitator means:

- We provide the infrastructure for Users to connect;

- We process payments as a trusted intermediary;

- We offer dispute resolution facilitation;

- We maintain quality standards through ratings and deactivation;

- We do NOT intervene in the day-to-day service relationship;

- We do NOT make decisions about work performance or disciplinary matters during Shifts;

- Ultimate responsibility for the service relationship rests with the contracting parties.

3.4 No Agency or Partnership

3.4.1 Nothing in these Terms shall be construed as:

- Creating an agency, partnership, joint venture, or fiduciary relationship between HireProStaff and any User;

- Authorizing any User to act as agent for HireProStaff;

- Creating any relationship of employer-employee between HireProStaff and any User;

- Granting any User authority to bind HireProStaff to contracts or obligations;

- Creating vicarious liability for HireProStaff for User actions.

3.4.2 Users expressly acknowledge that they have no authority to and shall not:

- Hold themselves out as representatives, agents, or employees of HireProStaff;

- Make representations or warranties on behalf of HireProStaff;

- Commit HireProStaff to any contracts, agreements, or obligations;

- Use HireProStaff's name, branding, or intellectual property without express written authorization.

4. ELIGIBILITY AND REGISTRATION

4.1 General Eligibility Requirements

All Users seeking to register on and use the Platform must satisfy the following mandatory eligibility criteria:

4.1.1 Age Requirement

Be at least eighteen (18) years of age at the time of registration. HireProStaff does not permit minors to register as Users under any circumstances.

4.1.2 Identity Documentation

Hold a valid South African identity document (green bar-coded ID book or smart ID card) issued by the Department of Home Affairs, or possess a valid work permit or visa issued by the Department of Home Affairs that authorizes the holder to work in the Republic of South Africa.

4.1.3 Legal Capacity

Possess full legal capacity to enter into binding contracts and not be subject to any legal disability, curatorship, administration order, sequestration, liquidation, or business rescue proceedings that would impair contractual capacity.

4.1.4 Information Accuracy

Provide accurate, current, complete, and truthful registration information in all respects, and understand that any false, misleading, or incomplete information constitutes a material breach of these Terms.

4.1.5 Information Currency

Undertake to maintain accurate account information throughout the duration of Platform use and to update information within seven (7) business days of any change.

4.1.6 No Prior Violations

Not have been previously banned, suspended, or deactivated from the Platform for violations of these Terms, unless HireProStaff has expressly agreed in writing to lift such ban or suspension.

4.1.7 No Conflicting Obligations

Not be subject to any court orders, arbitration awards, contractual non-compete clauses, or other legal impediments that would prohibit Platform use or service provision/receipt.

4.2 Staff User Specific Requirements

In addition to the general requirements in Section 4.1, individuals seeking to register as Staff Users must satisfy the following additional criteria:

4.2.1 Experience and Competence

Possess demonstrable experience, skills, training, or qualifications relevant to the hospitality services they intend to offer through the Platform. Evidence may include:

- Previous employment records in the hospitality sector;

- Vocational training certificates or diplomas;

- Professional certifications (e.g., sommelier certification, culinary qualifications);

- Trade test certificates;

- Reference letters from previous employers or clients;

- Demonstrable work portfolio.

4.2.2 Vetting Consent

Provide explicit, informed, written consent to all vetting and verification procedures described in Section 12, including but not limited to:

- Criminal background checks via SAPS AFIS;

- Identity verification;

- Reference verification;

- Skills assessment;

- Social media screening (where applicable);

- Ongoing monitoring and re-verification.

4.2.3 Criminal Background Check

Successfully complete and pass the Criminal Background Check conducted through SAPS AFIS. Staff Users understand that:

- Any undisclosed prior convictions will result in immediate Deactivation;

- Convictions for offenses involving dishonesty, fraud, theft, violence, sexual offenses, or drug offenses may result in registration denial;

- HireProStaff reserves the right to deny registration based on criminal history assessment;

- False declarations regarding criminal history constitute fraud and may result in criminal prosecution.

4.2.4 Tax Registration

Provide valid South African Revenue Service (SARS) tax registration information, including:

- Income tax reference number;

- Proof of tax registration;

- Acknowledgment of tax compliance obligations as an independent contractor.

4.2.5 Professional Licenses

Where required by law or regulation, hold and maintain valid professional licenses, permits, or registrations, including but not limited to:

- Food handler certificates where applicable;

- Liquor service permits where applicable;

- Driver's license for delivery or driving roles;

- Any other sector-specific licensing requirements.

4.2.6 Health Requirements

Meet health and hygiene standards required for hospitality work, including:

- Possessing a valid health certificate where required by law for food handling;

- Being free from communicable diseases that would pose health risks in hospitality settings;

- Maintaining appropriate standards of personal hygiene;

- Disclosing any medical conditions that could affect safe work performance.

4.2.7 Right to Work

Have the unrestricted legal right to work in the Republic of South Africa as an independent contractor, demonstrated by:

- South African citizenship and valid ID document; OR

- Permanent residence status and valid permanent residence permit; OR

- Valid work visa or permit that permits independent contractor work in the hospitality sector.

4.2.8 Bank Account

Maintain a valid South African bank account in the Staff User's own name for payment receipt, and provide accurate banking details for payment processing.

4.2.9 Communication Capability

Have access to a functional mobile phone with SMS and data capability, and maintain a valid email address for Platform communications.

4.3 Business User Specific Requirements

In addition to the general requirements in Section 4.1, entities or individuals seeking to register as Business Users must satisfy the following additional criteria:

4.3.1 Legitimate Business Operation

Operate or intend to use Staff Users for a legitimate business requiring hospitality services, including but not limited to:

- Registered restaurants, cafes, or food service establishments;

- Hotels, lodges, guesthouses, or accommodation facilities;

- Event venues or conference centers;

- Catering companies;

- Bars, pubs, or nightclubs;

- Private households or estates requiring hospitality staff;

- Corporate entities requiring hospitality services for events or functions.

4.3.2 Business Registration and Licensing

Provide valid business registration documentation, which may include:

- Company registration certificate (CK1 or equivalent) from CIPC;

- Close corporation registration certificate;

- Trust deed and letter of authority;

- Business registration certificate for sole proprietors;

- Any applicable business licenses or permits (e.g., liquor licenses, food service permits);

- Valid tax clearance certificate or tax compliance status letter.

4.3.3 Physical Address Verification

Provide a verifiable physical business address or residential address within the Republic of South Africa where services will be rendered, and consent to verification of such address.

4.3.4 Tax Compliance

Be registered with SARS for applicable taxes and provide:

- VAT registration number (where applicable);

- Income tax reference number;

- PAYE registration number (where the Business User has employees);

- Proof of tax compliance status.

4.3.5 Insurance Coverage

Maintain adequate insurance coverage as specified in Section 20, including at minimum:

- Public liability insurance with minimum coverage of R5,000,000 per occurrence;

- Employers' liability insurance where the Business User employs staff;

- Property and contents insurance for business premises;

- Professional indemnity insurance where applicable.

Proof of insurance must be provided upon registration and annually thereafter.

4.3.6 Health and Safety Compliance

Have appropriate health and safety protocols, systems, and documentation in place to comply with OHSA, including:

- Written health and safety policy (where required by law);

- Risk assessments for work environments;

- Emergency procedures and first aid provisions;

- Incident reporting mechanisms;

- Fire safety compliance;

- Food safety compliance (where applicable).

4.3.7 Workplace Safety

Warrant that all premises where Staff Users will be required to work:

- Are safe and free from foreseeable hazards;

- Comply with OHSA and all applicable building, fire, and safety regulations;

- Have adequate lighting, ventilation, and sanitation facilities;

- Are appropriate for the services to be performed;

- Do not expose Staff Users to unacceptable levels of risk.

4.3.8 Financial Capability

Demonstrate financial capability to honor Shift bookings and make Prepayments, which may be verified through:

- Bank statements;

- Credit checks;

- Financial references;

- Payment history on the Platform.

4.4 Registration Process and Verification

4.4.1 Application Submission

Prospective Users must complete the online registration form, providing all requested information accurately and completely. Incomplete applications will not be processed.

4.4.2 Document Submission

Users must upload clear, legible copies of all required documentation, including but not limited to:

- Identity documents or work permits;

- Business registration documents;

- Proof of address;

- Banking details;

- Qualifications or certifications;

- Insurance certificates;

- Tax registration documentation.

4.4.3 Verification Rights

HireProStaff reserves the comprehensive right to verify all information provided during registration through any lawful means, including but not limited to:

- Third-party verification services;

- Direct contact with referenced employers, clients, or educational institutions;

- Credit bureaus and financial institutions;

- SAPS and Department of Home Affairs systems;

- SARS tax verification systems;

- Social media and publicly available information;

- On-site inspections of business premises.

4.4.4 Verification Cooperation

Users expressly consent to and agree to fully cooperate with all verification procedures, including:

- Responding promptly to requests for additional information or documentation;

- Attending in-person verification meetings if requested;

- Submitting to interviews or skills assessments;

- Authorizing third parties to release information to HireProStaff;

- Bearing any costs associated with obtaining required documentation.

4.4.5 Processing Timeline

HireProStaff will endeavor to process registration applications within ten (10) business days of receipt of complete documentation, but does not guarantee any specific processing timeline. Complex verifications may require additional time.

4.4.6 Registration Denial

HireProStaff reserves the absolute right to deny registration to any applicant for any reason, including but not limited to:

- Failure to meet eligibility requirements;

- Provision of false, misleading, or incomplete information;

- Failure to pass vetting procedures;

- Adverse criminal history;

- Poor credit history or financial instability;

- Negative references or work history;

- Presentation of risk to Platform integrity or other Users;

- Previous violations of these Terms or similar platform terms;

- Any other reason deemed appropriate by HireProStaff in its sole discretion.

No reasons for denial need be provided, and no appeal process exists. Registration denial does not entitle the applicant to any compensation or damages.

4.4.7 Account Activation

Upon successful completion of verification, HireProStaff will activate the User's account and provide login credentials. Account activation does not guarantee:

- For Staff Users: Bookings, Shifts, or income;

- For Business Users: Availability of specific Staff Users or successful bookings.

4.4.8 Ongoing Verification

Even after account activation, HireProStaff reserves the right to:

- Request updated documentation at any time;

- Re-verify information periodically;

- Conduct ongoing monitoring of User activity;

- Suspend accounts pending verification updates;

- Deactivate accounts for failure to maintain eligibility requirements.

4.4.9 One Account Per Person/Entity

Each individual or juristic person may maintain only one (1) account on the Platform. Creation of multiple accounts is prohibited and will result in deactivation of all accounts and potential legal action for fraud.

4.4.10 Account Security

Users are solely responsible for:

- Maintaining confidentiality of login credentials;

- All activity occurring under their accounts;

- Immediately notifying HireProStaff of unauthorized access or security breaches;

- Using strong passwords and enabling two-factor authentication where available;

- Logging out of accounts when using shared or public devices.

HireProStaff shall not be liable for any losses arising from unauthorized account access where the User has failed to maintain adequate security.

PART B: INDEPENDENT CONTRACTOR FRAMEWORK

5. EMPLOYMENT STATUS AND CLASSIFICATION

5.1 FUNDAMENTAL ACKNOWLEDGMENT OF INDEPENDENT CONTRACTOR STATUS

CRITICAL LEGAL NOTICE - READ VERY CAREFULLY AND UNDERSTAND FULLY

BY ACCEPTING THESE TERMS, STAFF USERS EXPLICITLY, UNEQUIVOCALLY, AND IRREVOCABLY ACKNOWLEDGE, UNDERSTAND, AGREE, AND CONFIRM:

YOU ARE AN INDEPENDENT CONTRACTOR.

YOU ARE NOT:

- An employee of HireProStaff;

- An employee of any Business User;

- A worker as defined in any labour legislation;

- An agent of HireProStaff or any Business User;

- Entitled to employment benefits, statutory or otherwise;

- Covered by employment legislation except where expressly applicable to independent contractors.

5.1.1 Fundamental Nature of Classification

This acknowledgment of independent contractor status is fundamental, essential, and central to:

- Your entire relationship with the Platform;

- Your legal rights and obligations;

- Your tax status and obligations;

- Your entitlement (or lack thereof) to employment benefits;

- Your assumption of business risk;

- The legal structure of the Platform and its operations.

This classification CANNOT be altered, modified, or negated by:

- Conduct of the parties;

- Repeated bookings or regular work patterns;

- Development of working relationships;

- Length of time using the Platform;

- Volume of Shifts worked;

- Any other circumstances whatsoever.

5.1.2 Informed Understanding

Staff Users explicitly acknowledge that they understand that as independent contractors:

(a) No Employment Benefits:

- You are NOT entitled to any employment benefits whatsoever, including but not limited to:

- Annual leave;

- Sick leave;

- Family responsibility leave;

- Maternity or parental leave;

- Study leave;

- Notice pay upon termination;

- Severance pay;

- Pension or provident fund contributions;

- Medical aid contributions;

- Any other statutory or contractual benefits provided to employees.

(b) No Unemployment Insurance Fund (UIF):

- You are NOT covered by the Unemployment Insurance Act;

- No UIF contributions will be made on your behalf;

- You are NOT entitled to unemployment benefits;

- You cannot claim unemployment insurance through the Platform work;

- You must make alternative provision for periods of unemployment.

- You are NOT entitled to any paid leave under the BCEA or any other legislation;

- Time not worked is not compensated;

- You must make your own provision for rest periods, holidays, and sick time;

- Declining Shifts due to illness, vacation, or personal reasons results in no income for those periods.

(d) Tax and Statutory Obligations:

- You are solely responsible for ALL tax payments, including income tax;

- You must register with SARS as a taxpayer;

- You must submit your own tax returns;

- You must make provisional tax payments where required;

- You must maintain accurate financial records;

- HireProStaff will NOT deduct PAYE, UIF, or SDL from your payments;

- You will receive IRP5 or IT3(a) certificates reflecting payments received;

- You are responsible for VAT registration and payment if your income exceeds the threshold.

(e) Insurance and Risk:

- You must arrange your OWN insurance coverage, including:

- Personal accident and injury insurance;

- Public liability insurance;

- Professional indemnity insurance;

- Income protection or disability insurance;

- Any other appropriate insurance for your circumstances;

- You bear all business risks associated with independent contractor work;

- You are not covered by any insurance provided by HireProStaff or Business Users unless expressly stated.

(f) No Labour Law Protections:

- You are NOT subject to the disciplinary procedures in the Labour Relations Act;

- You have NO protection against unfair dismissal under the LRA;

- You have NO right to refer disputes to the CCMA or Bargaining Councils;

- You are NOT protected by collective bargaining agreements;

- You have NO right to strike or engage in industrial action;

- Labour law protections do not apply except where legislation expressly extends protections to independent contractors.

(g) Business Expenses:

- You bear your OWN business expenses, including:

- Transportation costs to and from Shifts;

- Professional attire and uniforms;

- Mobile phone and data costs;

- Professional tools and equipment;

- Professional development and training costs;

- Any other costs of doing business.

5.1.3 Voluntary Agreement

Staff Users acknowledge that:

- This independent contractor classification is NOT imposed upon them;

- They VOLUNTARILY choose to work as independent contractors;

- They have carefully considered the implications of independent contractor status;

- They have been advised to seek independent legal and tax advice if uncertain;

- They accept full responsibility for the consequences of independent contractor classification.

5.1.4 Alternative Employment

Staff Users acknowledge that:

- They are free to seek traditional employment elsewhere if they prefer employee status;

- Use of the Platform is entirely voluntary;

- No coercion, duress, or undue influence has been applied;

- They may cease using the Platform at any time without penalty.

5.2 Control and Independence Factors

Staff Users maintain complete independence, autonomy, and control over their work, specifically demonstrated by the following factors:

5.2.1 Rate Levels Determined by HireProStaff Based on Experience

IMPORTANT CLARIFICATION:

(a) Experience-Based Rate Setting:

- HireProStaff assigns Rate Levels to Staff Users based on their verified Experience Level;

- Experience Level is determined through objective assessment of:

- Years of relevant hospitality experience;

- Formal qualifications and certifications;

- Specialized skills and expertise;

- References and work history verification;

- Performance ratings from previous Shifts;

- Skills assessments conducted by HireProStaff.

(b) Purpose of Rate Setting:

HireProStaff's rate-setting function serves the following legitimate purposes:

- Ensuring compliance with National Minimum Wage Act and Sectoral Determination 14;

- Maintaining quality standards across the Platform;

- Providing market-consistent pricing to Business Users;

- Preventing exploitation and ensuring fair compensation;

- Enabling efficient marketplace operation;

- Reducing negotiation friction and transaction costs;

- Protecting both Users from market abuse.

- Staff Users' assigned Rate Level is clearly communicated during registration and onboarding;

- Rate Levels are subject to periodic review and may be increased based on:

- Improved qualifications or certifications;

- Consistent high performance ratings;

- Additional experience gained;

- Inflation and market rate adjustments;

- Staff Users will be notified of Rate Level changes;

- Historical rate information is available in User accounts.

(d) Rate Flexibility for Lower-Level Shifts:

- Staff Users may accept Shifts with rates BELOW their assigned Rate Level at their discretion;

- This flexibility allows Staff Users to:

- Fill gaps in their schedules;

- Gain experience in new areas;

- Maximize income during slow periods;

- Build relationships with new Business Users;

- Staff Users may NOT accept Shifts ABOVE their assigned Rate Level unless they have been promoted to a higher Experience Level;

- This restriction ensures service quality and Business User expectations are met.

(e) No Employment Relationship Created:

- HireProStaff's rate-setting function does NOT create an employment relationship;

- Rate setting is a marketplace regulation function, not an employer control function;

- Many digital platforms set rates or fees without creating employment relationships;

- Rate setting ensures platform integrity and legal compliance;

- Courts have recognized that rate regulation alone does not create employment (see Uber BV v Aslam [UK], Razak v Uber South Africa Technology Services [SA]);

- Staff Users remain independent contractors with autonomy over:

- Which Shifts to accept or decline;

- When to work and for how long;

- Whether to work at all on any given day;

- Work methods and techniques employed;

- Multiple client relationships.

5.2.2 Absolute Work Acceptance Discretion

Staff Users have unfettered, absolute discretion to accept or decline any Shift opportunity without penalty, restriction, or consequence, specifically:

(a) No Compulsion:

- Staff Users are NEVER required to accept any Shift;

- No minimum acceptance rate is required or expected;

- No quotas or targets for Shift acceptance exist;

- Staff Users may decline Shifts for ANY reason or NO reason;

- No explanations or justifications for declinations are required.

(b) No Penalties:

- Declining Shifts carries ZERO penalties, including:

- No account deactivation or suspension;

- No reduction in Rate Level;

- No demotion or negative status changes;

- No negative ratings or reviews from HireProStaff;

- No reduced visibility in search results (except as affected by availability settings);

- No financial penalties or forfeiture;

- No negative records maintained.

- Staff Users set their own availability through the Platform;

- Availability can be changed at any time without notice;

- Staff Users may set themselves as "unavailable" indefinitely;

- No minimum availability is required;

- "Unavailable" status does not affect account standing.

(d) No Adverse Consequences:

- Low acceptance rates do NOT result in:

- Account deactivation;

- Warnings or disciplinary action;

- Communication from HireProStaff pressuring acceptance;

- Any other negative outcome.

(e) Right to Be Selective:

- Staff Users may accept only Shifts that:

- Are convenient to their schedules;

- Offer preferred types of work;

- Are at desirable locations;

- Meet their personal or financial preferences;

- Align with their availability and other commitments.

5.2.3 Multi-Platform and Multi-Client Freedom

Staff Users enjoy complete freedom to work for multiple parties and platforms simultaneously, specifically:

(a) Competing Platforms:

- Staff Users may register on and work for competing hospitality staffing platforms simultaneously;

- No exclusivity is required or expected;

- Staff Users may allocate their time and services as they choose among platforms;

- HireProStaff imposes NO restrictions on multi-platform work;

- Staff Users may openly discuss or promote other platforms.

(b) Direct Client Relationships:

- Staff Users may maintain direct, private client relationships OUTSIDE the Platform;

- Staff Users may seek and accept work directly from businesses without using the Platform;

- Staff Users may develop ongoing independent contractor relationships with businesses met through the Platform AFTER the initial engagement;

- No prohibition on direct dealings exists (subject to Section 29 confidentiality obligations);

- Staff Users may advertise their services independently through any channels.

- Staff Users may maintain full-time or part-time employment elsewhere;

- Staff Users may operate other businesses or freelance ventures;

- Staff Users may pursue any other income-generating activities;

- No restrictions on outside work exist;

- Platform work may constitute the User's primary, secondary, tertiary, or minimal income source at their discretion.

(d) Client Diversification Encouraged:

- Staff Users are ENCOURAGED to diversify their client base;

- Reliance on any single platform or client is inadvisable;

- Economic independence is a hallmark of independent contractor status;

- HireProStaff supports Staff Users in building sustainable, diversified businesses.

5.2.4 Operational Independence

Staff Users maintain complete operational independence over how they conduct their business, specifically:

(a) Tools and Equipment:

- Staff Users generally provide their own professional tools and equipment, including:

- Professional attire and uniforms;

- Personal tools of the trade (e.g., sommelier tools, chef knives);

- Transportation to and from Shifts;

- Mobile devices for communication;

- Any other personal equipment.

- Where Business Users provide equipment due to venue-specific requirements (e.g., branded uniforms, specialized tools), such provision is:

- Incidental and temporary;

- Required by the nature of the venue, not the work;

- Comparable to a contractor using a client's premises;

- Not indicative of an employment relationship.

(b) Work Methods:

- Staff Users apply their own professional judgment, experience, and expertise;

- Staff Users determine HOW to perform tasks within industry standards;

- Business Users may specify OUTCOMES but not METHODS;

- Staff Users use their own techniques, approaches, and professional practices;

- No standardized procedures or scripts are imposed by HireProStaff;

- Professional autonomy is expected and encouraged.

- Staff Users manage their own schedules and calendars;

- Staff Users decide how many hours per day, week, or month to work;

- No minimum or maximum hours are imposed;

- Staff Users can work intensively for periods and then take time off;

- Complete flexibility in work patterns is maintained.

(d) Professional Development:

- Staff Users are responsible for their own:

- Skills development and training;

- Professional certifications and licenses;

- Industry knowledge updates;

- Career progression planning;

- HireProStaff does not provide or require training (except Platform usage training);

- Staff Users invest in their own professional growth.

(e) Business Administration:

- Staff Users maintain their own business records;

- Staff Users handle their own tax affairs;

- Staff Users manage their own insurance and risk;

- Staff Users make their own business decisions;

- Complete business autonomy is maintained.

5.3 Nature of Engagement

5.3.1 Discrete Transaction Basis

Each Shift represents a separate, discrete, independent transaction between a Staff User and Business User, specifically:

(a) No Continuing Relationship:

- Each Shift is a separate contract for services;

- Completion of one Shift creates NO obligation or expectation of future Shifts;

- No ongoing service relationship exists between Shifts;

- Gaps between Shifts are expected, normal, and do not affect relationship;

- Each Shift must be separately booked and accepted.

(b) No Cumulative Relationship:

- Multiple Shifts do NOT accumulate into an ongoing employment relationship;

- The legal character of each Shift remains identical regardless of volume;

- Repeated bookings do NOT transform the relationship into employment;

- Each Shift is analyzed independently for classification purposes.

- Acceptance of past Shifts creates NO obligation to accept future Shifts;

- Staff Users may work once and never again without consequence;

- Business Users may book a Staff User once and never again without consequence;

- Either party may terminate the relationship at any time by simply not booking/accepting future Shifts.

(d) Economic Independence Maintained:

- Staff Users are not economically dependent on any single Business User;

- Staff Users are not economically dependent on HireProStaff;

- Income from any single source should not constitute Staff User's primary livelihood;

- Economic risk is borne by the Staff User, not spread across an employer.

5.3.2 No Integration into HireProStaff Operations

Staff Users are NOT integrated into HireProStaff's business operations or organizational structure, demonstrated by:

(a) Organizational Separation:

- Staff Users are NOT part of HireProStaff's organization chart;

- Staff Users have NO reporting relationship to HireProStaff management;

- Staff Users do NOT attend HireProStaff team meetings;

- Staff Users do NOT participate in HireProStaff strategic planning;

- Staff Users are NOT subject to HireProStaff's internal policies (except Platform usage policies).

(b) No Mandatory Training:

- HireProStaff does NOT provide or require hospitality skills training;

- Platform usage training is limited to technical navigation;

- Professional competence is the Staff User's responsibility;

- Continued professional development is self-directed.

- Staff Users do NOT represent HireProStaff to Business Users or the public;

- Staff Users do NOT hold themselves out as HireProStaff employees or agents;

- Staff Users do NOT use HireProStaff business cards, email addresses, or other corporate identity;

- Staff Users provide services in their own names to Business Users.

(d) No HireProStaff Branding:

- Staff Users do NOT wear HireProStaff uniforms (except optional branded apparel for marketing);

- Staff Users wear venue-appropriate attire or Business User uniforms;

- Staff Users are NOT identified as "HireProStaff staff" during Shifts;

- Visual association with HireProStaff is minimal and incidental.

(e) No Corporate Culture Participation:

- Staff Users are NOT part of HireProStaff's corporate culture;

- Staff Users do NOT attend social events or team-building activities;

- Staff Users do NOT receive corporate communications (except Platform-related notices);

- No sense of belonging to a "HireProStaff team" is created or encouraged.

5.3.3 Business User Integration (Not HireProStaff)

Importantly, during Shifts, Staff Users MAY be temporarily integrated into the Business User's operations, which integration:

- Is directed by and for the benefit of the Business User, NOT HireProStaff;

- Reflects the Staff User's service contract with the Business User;

- Does NOT create an employment relationship with the Business User (due to discrete engagement nature);

- Is consistent with independent contractor status where contractors work on client premises.

5.4 Economic Independence

5.4.1 Staff User Acknowledgment

Staff Users explicitly acknowledge, understand, and agree that they:

(a) Are Not Economically Dependent:

- Are NOT economically dependent on HireProStaff for their livelihood;

- Do NOT derive the majority of their income from HireProStaff Shifts;

- Maintain multiple income sources and revenue streams;

- Have diversified their economic activities;

- Can sustain themselves without Platform income.

(b) Multiple Income Sources:

- Earn income from various sources, which may include:

- Other digital platforms;

- Direct client relationships;

- Traditional employment;

- Other business ventures;

- Freelance work;

- Investments;

- Platform income supplements rather than replaces other income.

- Bear their own business risks, including:

- Periods of low or no bookings;

- Cancellations and no-shows;

- Market fluctuations affecting demand;

- Seasonal variations in hospitality work;

- Competition from other Staff Users;

- Expenses exceeding income in some periods;

- Do NOT have risk borne or guaranteed by HireProStaff or Business Users;

- Accept profit-and-loss risk inherent in independent business operation.

(d) Profit and Loss Responsibility:

- Are responsible for their own profit and loss;

- Must manage expenses to ensure profitability;

- May suffer losses in some periods (e.g., high expenses, low bookings);

- May earn substantial profits in busy periods;

- Economic outcomes are uncertain and variable;

- No guaranteed income or profit margin exists.

(e) Entrepreneurial Opportunity:

- Have the opportunity for entrepreneurial gain;

- Can increase income through:

- Superior service and high ratings;

- Building a strong reputation;

- Increasing availability and accepting more Shifts;

- Developing specialized skills commanding higher rates;

- Efficient business management;

- Business success depends on Staff User's own efforts and acumen.

5.4.2 What HireProStaff Does NOT Provide

To further emphasize economic independence, HireProStaff expressly does NOT:

(a) No Income Guarantees:

- Guarantee any minimum income, earnings, or bookings;

- Promise any particular volume of work;

- Ensure consistent Shift availability;

- Provide income during slow periods or downtime.

(b) No Financial Support:

- Provide salary advances, loans, or financial assistance;

- Cover business expenses or losses;

- Subsidize equipment, tools, or professional development;

- Offer financial planning or advisory services.

- Offer any form of financial security or stability;

- Provide insurance or income protection;

- Guarantee future work or income;

- Accept responsibility for Staff User financial wellbeing.

(d) No Investment in Staff User Success:

- Do NOT invest capital in Staff User businesses;

- Do NOT provide business development support;

- Do NOT share in Staff User profits or losses;

- Maintain arms-length, transactional relationship only.

5.4.3 Financial Variability Acknowledgment

Staff Users acknowledge and accept that:

- Income will vary significantly from week to week and month to month;

- Some periods will be lucrative; others will be slow or non-existent;

- Hospitality work is inherently seasonal and variable;

- Financial planning must account for income variability;

- Staff Users bear sole responsibility for managing variable income;

- No complaints about income variability will be entertained.

6. SECTION 200A LABOUR RELATIONS ACT COMPLIANCE

6.1 Recognition of Statutory Presumption

6.1.1 Acknowledgment of Section 200A

The parties acknowledge and recognize that Section 200A of the Labour Relations Act 66 of 1995, as amended, creates a rebuttable presumption that a person is an employee if one or more of the following factors are present:

(a) The manner in which the person works is subject to the control or direction of another person;

(b) The person's hours of work are subject to the control or direction of another person;

(d) The person has worked for that other person for an average of at least 40 hours per month over the last three months;

(e) The person is economically dependent on the other person for whom they work or render services;

(f) The person is provided with tools of trade or work equipment by the other person;

(g) The person only works for or renders services to one person.

6.1.2 Purpose of This Section

This Section 6 specifically addresses how the relationship between HireProStaff, Staff Users, and Business Users has been structured to ensure that:

- The Section 200A presumption does NOT arise in the relationship between HireProStaff and Staff Users;

- If the presumption were alleged to arise, it can be SUCCESSFULLY REBUTTED with clear evidence;

- The independent contractor classification withstands legal scrutiny;

- All parties' intentions and actual conduct align with independent contractor status.

6.2 Rebuttal of Employment Factors

The following comprehensive analysis demonstrates why each Section 200A factor either does NOT apply or is clearly rebutted:

6.2.1 Factor (a): Manner of Work Performance - NO CONTROL

✓ SECTION 200A(a) REBUTTED:

(i) No HireProStaff Control:

- HireProStaff does NOT control or direct the manner in which Staff Users perform their work during Shifts;

- HireProStaff is NOT present at Business User venues during Shifts;

- HireProStaff does NOT supervise, monitor, or oversee work performance;

- HireProStaff does NOT provide instructions on how to perform hospitality tasks;

- HireProStaff does NOT dictate work methods, techniques, or approaches;

- HireProStaff's involvement ends once the Shift is booked and payment processed.

(ii) Business User Direction is Outcome-Based:

- Business Users may specify DESIRED OUTCOMES (e.g., "serve tables," "prepare dishes," "clean rooms");

- Business Users do NOT dictate the specific manner, methods, or techniques used to achieve outcomes;

- Staff Users apply their own professional judgment, skills, and experience;

- Staff Users use industry-standard methods they have developed through training and experience;

- Direction given by Business Users is comparable to a client instructing an independent contractor on deliverables, not an employer controlling an employee.

(iii) Professional Autonomy:

- Staff Users are hired BECAUSE they possess professional competence and expertise;

- Business Users rely on Staff Users' independent professional judgment;

- Staff Users make autonomous decisions about:

- Specific techniques and methods to use;

- How to prioritize tasks;

- How to handle unexpected situations;

- Professional best practices application;

- This professional autonomy is the essence of independent contractor status.

(iv) Comparison to Employees:

- Unlike employees who are trained, supervised, and directed in work methods:

- Staff Users arrive with pre-existing professional competence;

- Staff Users require minimal supervision;

- Staff Users self-direct their work within outcome parameters;

- Staff Users are assessed on results, not compliance with prescribed methods.

6.2.2 Factor (b): Working Time Control - NO TIME CONTROL

✓ SECTION 200A(b) REBUTTED:

(i) Absolute Shift Acceptance Discretion:

- Staff Users have COMPLETE control over when they work;

- Staff Users decide:

- Whether to work at all on any given day, week, or month;

- How many hours per day, week, or month to work;

- Which specific Shifts to accept from available opportunities;

- When to make themselves available or unavailable;

- NO minimum hours are required or imposed;

- NO schedules or rosters are created by HireProStaff;

- Staff Users can work intensively for periods and then take extended breaks.

(ii) Within-Shift Time is Client-Directed:

- Once a Shift is accepted, the Shift has defined start and end times (e.g., "2:00 PM to 10:00 PM");

- This is comparable to any service contract with defined deliverables (e.g., a plumber agreeing to work on specific days);

- Business Users determine when services are needed (outcome), not how Staff Users structure their overall working time;

- Staff Users are free to accept or reject Shifts at particular times;

- The fact that a Shift has defined hours does not constitute "control over working hours" in the Section 200A sense.

(iii) No Overall Time Control:

- HireProStaff has ZERO control over Staff Users' overall working time;

- Staff Users determine their total working hours across all clients and platforms;

- Staff Users can work 0 hours, 10 hours, or 60+ hours per week at their sole discretion;

- No expectations, targets, or requirements regarding working time exist.

(iv) Comparison to Employees:

- Employees have prescribed working hours, shifts, or rosters set by employers;

- Employees cannot refuse assigned hours without permission;

- Employees are required to work specified schedules;

- Staff Users have none of these restrictions - they unilaterally control when they work.

6.2.3 Factor (c): Part of Organization - NO INTEGRATION

✓ SECTION 200A(c) REBUTTED:

(i) No Integration into HireProStaff:

As detailed in Section 5.3.2, Staff Users are NOT integrated into HireProStaff's organization:

- Not on organizational charts;

- No reporting lines to HireProStaff management;

- No participation in meetings, training, or corporate culture;

- No HireProStaff email addresses or business cards;

- Not held out as HireProStaff employees or agents;

- Not wearing HireProStaff uniforms or branding during work;

- Not subject to HireProStaff's internal policies or procedures.

(ii) HireProStaff is a Platform, Not a Hospitality Business:

- HireProStaff's core business is TECHNOLOGY PLATFORM provision, not hospitality services;

- Staff Users are hospitality professionals, not technology workers;

- Staff Users do NOT form part of HireProStaff's technology operations;

- Staff Users are customers/users of the platform, not organizational members;

- The relationship is B2B (business-to-business), not employer-employee.

(iii) Temporary Integration into Business User Operations:

- Staff Users may be temporarily integrated into Business User operations during Shifts;

- This integration:

- Is directed by the Business User, not HireProStaff;

- Reflects the service contract between Staff User and Business User;

- Is temporary and limited to the specific Shift duration;

- Does NOT create employment with the Business User due to discrete, transactional nature;

- Is comparable to independent contractors working on client premises.

(iv) Multiple Client Model:

- Staff Users work for multiple Business Users;

- Staff Users do not become "part of" each Business User's organization;

- The multi-client model prevents organizational integration;

- Staff Users maintain independent professional identity across all engagements.

6.2.4 Factor (d): 40-Hour Threshold - UNLIKELY AND NON-DETERMINATIVE

✓ SECTION 200A(d) ADDRESSED:

(i) Platform Designed for Flexibility:

- The Platform is specifically designed to facilitate FLEXIBLE, AD-HOC work;

- Most Staff Users work LESS than 40 hours per month through HireProStaff;

- The typical use case is SUPPLEMENTAL income, not full-time work;

- Staff Users are encouraged to diversify across multiple platforms and clients.

(ii) If 40-Hour Threshold Exceeded:

- Some Staff Users may, by choice, work more than an average of 40 hours per month;

- This alone does NOT create employment under Section 200A;

- Factor (d) is just ONE factor; presumption arises only if one OR MORE factors present;

- Even if factor (d) is present, the presumption is REBUTTABLE;

- Clear evidence (all other factors) rebuts any presumption arising from hours worked.

(iii) Hours Worked ≠ Employment:

- Courts have recognized that volume of work alone does not determine status;

- Independent contractors may work substantial hours for single clients;

- The nature of the relationship (control, integration, economic dependence) is determinative;

- Other factors comprehensively demonstrate independent contractor status;

- Factor (d), if present, is far outweighed by the absence of all other factors.

6.2.5 Factor (e): Economic Dependence - NO DEPENDENCE

✓ SECTION 200A(e) REBUTTED:

(i) No Economic Dependence on HireProStaff:

As detailed in Section 5.4, Staff Users are NOT economically dependent on HireProStaff:

- Staff Users have multiple income sources;

- Staff Users work for multiple platforms and clients;

- Platform income is typically supplemental, not primary;

- Staff Users can sustain themselves without HireProStaff income;

- Economic risk is borne by Staff Users, not HireProStaff.

(ii) Multi-Platform and Multi-Client Reality:

- Most Staff Users are registered on multiple platforms;

- Most Staff Users maintain direct client relationships;

- Many Staff Users have other employment or businesses;

- Diversification is encouraged and expected;

- Single-source dependence is contrary to Platform design and usage.

(iii) No HireProStaff Financial Support:

- HireProStaff provides NO financial support, guarantees, or assistance;

- No minimum income is guaranteed;

- Staff Users bear full risk of income variability;

- Economic insecurity rests with Staff User, not HireProStaff;

- This contrasts sharply with employment relationships where employer bears economic risk.

(iv) Statistical Evidence:

[HireProStaff should maintain and be able to produce statistical evidence showing]:

- Average percentage of Staff Users' total income derived from Platform;

- Average number of hours worked per Staff User per month;

- Evidence of multi-platform registration (where verifiable);

- Evidence that most Staff Users work below 40-hour threshold;

- Demonstrable economic independence.

6.2.6 Factor (f): Tools and Equipment - MINIMAL PROVISION

✓ SECTION 200A(f) REBUTTED:

(i) Staff Users Provide Own Tools:

As detailed in Section 5.2.4(a), Staff Users generally provide their own:

- Professional attire and uniforms;

- Personal professional tools (chef knives, sommelier tools, etc.);

- Transportation to and from Shifts;

- Mobile devices and communication tools;

- Any other personal equipment necessary for professional practice.

(ii) Business User Equipment Provision is Venue-Specific:

- Where Business Users provide equipment, it is due to venue-specific requirements:

- Venue-branded uniforms;

- Large commercial kitchen equipment (ovens, refrigerators);

- Specialized venue equipment (POS systems, glassware, crockery);

- Safety equipment required by venue (fire safety gear, first aid kits);

- Such provision is:

- Incidental and temporary;

- Required by the nature of the venue, not the nature of the work;

- Comparable to an independent contractor using a client's premises and facilities;

- Not indicative of employment (e.g., a contractor using a client's Wi-Fi, office space, or tools does not become an employee).

(iii) HireProStaff Provides NO Work Equipment:

- HireProStaff provides ZERO physical tools or equipment for Shift performance;

- HireProStaff provides ONLY digital platform access (software, not physical tools);

- Platform access is analogous to Uber's app or Airbnb's website - it's marketplace infrastructure, not work tools;

- No investment in Staff User's physical tools or work equipment is made.

(iv) Comparison to Traditional Employment:

- Employees typically receive ALL necessary tools and equipment from employers;

- Employees do not invest in work equipment;

- Staff Users must invest in their own professional tools and attire;

- This capital investment is a hallmark of independent contractor status.

6.2.7 Factor (g): Single Client - EXPLICITLY PREVENTED

✓ SECTION 200A(g) REBUTTED:

(i) Multi-Client Model Designed:

- Platform is SPECIFICALLY DESIGNED for Staff Users to work for multiple Business Users;

- Staff Users work for numerous different Business Users;

- Each Business User books Staff Users for discrete Shifts;

- No exclusivity arrangements exist;

- No restrictions on working for other parties exist.

(ii) Active Multi-Client Encouragement:

- Staff Users are ACTIVELY ENCOURAGED to:

- Work for multiple Business Users through the Platform;

- Maintain direct client relationships outside the Platform;

- Register on competing platforms;

- Diversify their client base for economic stability;

- HireProStaff's business model depends on Staff Users serving multiple Business Users.

(iii) Statistical Reality:

[HireProStaff should maintain and produce evidence]:

- Average number of different Business Users each Staff User works for per month;

- Evidence that the vast majority of Staff Users work for multiple Business Users;

- Demonstrable multi-client engagement patterns.

(iv) Single-Client Scenario:

- If a Staff User chooses to work exclusively for one Business User, it is:

- The Staff User's voluntary choice;

- Not required or encouraged by HireProStaff;

- Inadvisable and contrary to Platform model;

- Still within a multi-client framework (other Business Users remain available);

- Even in this scenario, other factors (no control, no integration, no economic dependence) rebut presumption.

6.3 Staff User Attestation and Confirmation

6.3.1 Initial Registration Attestation

Upon registration, Staff Users must review and accept the following attestation:

"INDEPENDENT CONTRACTOR STATUS ATTESTATION

I, HEREBY CONFIRM, ACKNOWLEDGE, AND ATTEST THAT:

1. Independent Contractor Status:

I understand that I am registering on the HireProStaff Platform as an INDEPENDENT CONTRACTOR, not as an employee. I am not an employee of HireProStaff or any Business User.

2. No Employment Relationship:

I understand that no employment relationship exists or will exist between myself and HireProStaff or between myself and any Business User, regardless of the number of Shifts I work or the duration of my Platform use.

3. Control and Autonomy:

I understand and agree that:

- I have complete control over whether to accept or decline Shifts;

- I determine my own working hours and schedule;

- I am not subject to control over how I perform my work;

- I apply my own professional judgment and expertise;

- I am not integrated into HireProStaff's organization.

4. Rate Setting:

I understand that HireProStaff sets my Rate Level based on my verified experience, qualifications, and skills, and that this rate-setting function:

- Is a marketplace regulation function, not an employer control function;

- Ensures compliance with minimum wage legislation;

- Maintains Platform quality and market consistency;

- Does not create an employment relationship.

5. Economic Independence:

I confirm that:

- I am not economically dependent on HireProStaff for my livelihood;

- I maintain or intend to maintain multiple income sources;

- I bear my own business risks;

- I am responsible for my own profit and loss;

- Platform income supplements rather than replaces other income.

6. Multi-Client Engagement:

I understand that I am free to and encouraged to:

- Work for multiple Business Users;

- Use competing platforms;

- Maintain direct client relationships;

- Engage in other employment or business;

- Diversify my income sources.

7. No Employment Benefits:

I understand that as an independent contractor:

- I am not entitled to any employment benefits (leave, UIF, etc.);

- I must make my own tax payments and statutory contributions;

- I must arrange my own insurance coverage;

- I bear all business expenses;

- I am not protected by certain labour legislation.

8. Voluntary Relationship:

I confirm that:

- I voluntarily choose to work as an independent contractor;

- No coercion or duress has been applied;

- I have had the opportunity to seek independent legal advice;

- I accept full responsibility for the consequences of independent contractor status;

- I may cease using the Platform at any time without penalty.

9. Legal Advice Opportunity:

I acknowledge that:

- I have been advised to seek independent legal and tax advice if uncertain about my status;

- I understand the implications of independent contractor classification;

- I have made an informed decision to proceed.

BY ACCEPTING THIS AGREEMENT I AGREE I HAVE READ, UNDERSTOOD, AND ACCEPT THIS ATTESTATION.

6.3.2 Ongoing Shift-by-Shift Confirmation

Each time a Staff User accepts a Shift, the Platform presents a confirmation screen stating:

"By accepting this Shift, you confirm that you are acting as an independent contractor and not as an employee. You understand that you have freely chosen to accept this Shift and may decline future Shifts without penalty."

Staff Users must affirmatively click "I Confirm" to proceed.

6.3.3 Annual Re-Attestation

On each anniversary of registration, Staff Users must re-confirm their understanding and acceptance of independent contractor status by reviewing and accepting an updated attestation.

6.3.4 Legal Effect of Attestations

These attestations:

- Evidence Staff Users' informed understanding of their status;

- Demonstrate voluntary acceptance of independent contractor classification;

- Rebut any claims of ignorance or misunderstanding;

- Provide evidentiary weight in any classification dispute;

- Do NOT preclude legal challenges (courts may look beyond form to substance) but strengthen HireProStaff's position.

6.4 Consequences of Status Challenge

6.4.1 Possibility of Challenge

Despite the clear independent contractor framework, HireProStaff acknowledges that:

- Staff Users retain the legal right to challenge their classification;

- Courts and tribunals have ultimate authority to determine employment status;

- Classification is determined by the substance of the relationship, not just its form;

- Litigation risk cannot be entirely eliminated.

6.4.2 If Employment Status Determined

In the event that a court, tribunal, or arbitrator determines that an employment relationship exists despite this Agreement and all safeguards:

(a) Limited Scope:

- The determination applies ONLY to the specific Staff User(s) involved in the proceeding;

- It does NOT automatically affect other Staff Users' status;

- Each relationship must be assessed independently;

- HireProStaff will vigorously defend the independent contractor classification for other Users.

(b) Remediation:

- HireProStaff reserves the right to modify Platform operations to ensure compliance;

- Affected Staff User(s) must cooperate in regularizing their status;

- HireProStaff may offer alternative arrangements or terminate the relationship;

- No inference should be drawn regarding other Users.

- A determination in one case does NOT constitute an admission for other cases;

- HireProStaff reserves the right to appeal adverse determinations;

- HireProStaff will continue to operate the Platform on an independent contractor basis unless legislation requires otherwise.

6.4.3 Indemnification for Misclassification Claims

Staff Users who have provided false information, misrepresented their circumstances, or acted contrary to independent contractor status (e.g., by behaving as employees, demanding employment benefits, or creating apparent employment relationships) agree to indemnify HireProStaff for any losses arising from such conduct (see Section 19 for full indemnification provisions).

6.5 Preservation of Rights

6.5.1 Staff User Rights

Nothing in these Terms prevents Staff Users from:

- Seeking legal advice regarding their status;

- Challenging their classification through appropriate legal channels;

- Exercising statutory rights that apply to independent contractors;

- Pursuing claims for genuine employment status if they believe they meet the criteria.

6.5.2 HireProStaff Rights

Nothing in these Terms prevents HireProStaff from:

- Defending its business model and independent contractor classification;

- Producing evidence of the true nature of the relationship;

- Appealing adverse determinations;

- Modifying Platform operations to ensure compliance with law.

PART C: DATA PROTECTION AND PRIVACY

7. PROTECTION OF PERSONAL INFORMATION ACT COMPLIANCE

7.1 POPIA Compliance Framework

7.1.1 Statutory Obligation

HireProStaff is fully committed to protecting personal information in strict accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and all applicable data protection regulations.

7.1.2 Responsible Party Status

HireProStaff acts as the Responsible Party (as defined in POPIA) for all personal information collected, processed, and stored through the Platform.

7.1.3 Comprehensive Privacy Policy

This section must be read in conjunction with HireProStaff's comprehensive Privacy Policy, available at www.hireprostaff.co.za/privacy, which forms an integral part of these Terms.

7.1.4 Information Regulator Registration

HireProStaff is registered with the Information Regulator as required by Section 56 of POPIA [Registration Number: to be inserted upon registration].

7.2 Lawful Processing of Personal Information

7.2.1 Legal Basis for Processing

Personal information is processed ONLY on the following lawful grounds as required by Section 11 of POPIA:

(a) Consent (Section 11(1)(a)):

- Express, informed consent provided by Data Subjects during registration;

- Specific consent for sensitive processing operations;

- Freely given, specific, informed, and unambiguous consent;

- Consent may be withdrawn at any time (subject to contractual obligations).

(b) Performance of Contract (Section 11(1)(b)):

- Processing necessary to perform obligations under these Terms;

- Processing necessary to take steps at Data Subject's request before entering contract;

- Essential processing for Platform functionality and service delivery.

- Processing required to comply with South African law, including:

- Tax legislation (Income Tax Act, VAT Act);

- Labour legislation (verification of work authorization);

- Financial services legislation (FICA, POCA);

- Criminal procedure legislation (cooperation with law enforcement);

- Court orders and lawful demands from regulatory authorities.

(d) Legitimate Interest (Section 11(1)(f)):

- Processing necessary for legitimate interests pursued by HireProStaff, including:

- Platform security and fraud prevention;

- Service improvement and analytics;

- Network and information security;

- Internal administrative purposes;

- Protection of HireProStaff's legal rights;

- Such processing does NOT override Data Subjects' fundamental rights and freedoms.

(e) Protection of Data Subject (Section 11(1)(d)):

- Processing necessary to protect the life or health of the Data Subject;

- Emergency situations requiring immediate action.

7.2.2 Purpose Specification (Section 13)

Personal information is collected and processed EXCLUSIVELY for the following specified, explicit, and legitimate purposes:

(a) User Registration and Account Management:

- Creating and maintaining User accounts;

- Verifying User identity and credentials;

- Managing User profiles and preferences;

- Communicating account-related information.

(b) Shift Booking and Facilitation:

- Matching Staff Users with Business Users;

- Processing Shift bookings and confirmations;

- Facilitating communication between Users;

- Coordinating Shift logistics and timing.

- Processing Prepayments from Business Users;

- Disbursing payments to Staff Users;

- Generating invoices and financial records;

- Calculating and remitting Platform Fees;

- Tax documentation and reporting.

(d) Vetting and Background Verification:

- Conducting Criminal Background Checks (with separate explicit consent);

- Verifying work history and references;

- Assessing skills and qualifications;

- Ongoing monitoring for Platform safety.

(e) Platform Safety and Security:

- Detecting and preventing fraud and abuse;

- Investigating policy violations and misconduct;

- Protecting Users from harm;

- Maintaining Platform integrity;

- Enforcing these Terms.

(f) Legal and Regulatory Compliance:

- Complying with statutory obligations;

- Responding to lawful requests from authorities;

- Cooperating with law enforcement investigations;

- Defending legal claims and proceedings;

- Meeting tax and financial reporting requirements.

(g) Service Improvement and Analytics:

- Analyzing Platform usage patterns;

- Improving User experience and functionality;

- Developing new features and services;

- Conducting market research;

- Aggregated, anonymized statistical analysis.

(h) Communication:

- Sending transactional communications (bookings, payments, confirmations);

- Providing customer support;

- Sending important Platform updates and policy changes;

- Marketing communications (where consent obtained).

7.2.3 Processing Limitation (Section 10)

Personal information shall NOT be processed for purposes other than those specified above unless:

- Further processing is compatible with the original purpose;

- Data Subject provides explicit consent for new purpose;

- Processing is required by law.

7.2.4 Data Minimization

HireProStaff collects and processes ONLY personal information that is:

- Adequate for the purposes specified;

- Relevant to the purposes specified;

- Not excessive given the purposes specified;

- Necessary for the lawful performance of Platform functions.

7.3 Criminal Background Checks and Special Personal Information

EXPLICIT WRITTEN CONSENT REQUIRED FOR SPECIAL PERSONAL INFORMATION PROCESSING

7.3.1 Special Personal Information Definition

Section 26 of POPIA defines "special personal information" as information concerning:

- Religious or philosophical beliefs;

- Race or ethnic origin;

- Trade union membership;

- Political persuasion;

- Health or sex life;

- Biometric information;

- Criminal behavior or alleged offenses.

7.3.2 Prohibition and Exceptions

Section 26 of POPIA prohibits processing of special personal information UNLESS one of the exceptions in Sections 27-32 applies.

7.3.3 Criminal Background Checks - Separate Written Consent

CRITICAL REQUIREMENT:

Criminal background checks constitute processing of special personal information (criminal behavior) under Section 26 and require EXPLICIT, SEPARATE, WRITTEN CONSENT from Staff Users.

BY PROCEEDING WITH CRIMINAL BACKGROUND VERIFICATION, STAFF USERS ACKNOWLEDGE:

(a) Separate Consent Form:

- You will receive a separate, standalone "Criminal Background Check Consent Form";

- This form must be signed digitally or physically before ANY criminal checks commence;

- The consent form provides detailed information about:

- What information will be collected;

- How it will be collected (SAPS AFIS fingerprinting);

- How it will be used (safety screening);

- How long it will be retained;

- Your right to withdraw consent;

- Consequences of withdrawing consent or withholding consent.

(b) Voluntary but May Be Required:

- Consent to criminal background checks is VOLUNTARY;

- You have the right to refuse consent;

- HOWEVER, refusal may result in:

- Registration application denial;

- Account deactivation;

- Exclusion from certain Shift opportunities;

- Business User preferences for verified Staff Users.

- You may withdraw consent at any time by written notice to privacy@hireprostaff.co.za;

- Withdrawal of consent may result in account deactivation;

- Previously collected information may be retained for legal compliance periods;

- Withdrawal does not affect lawfulness of processing before withdrawal.

7.3.4 SAPS AFIS Fingerprinting Standard

7.3.4.1 Exclusive Method

Criminal background checks are conducted EXCLUSIVELY through the South African Police Service Automated Fingerprint Identification System (SAPS AFIS), being the legally recognized and reliable standard for criminal record verification in the Republic of South Africa.

7.3.4.2 Alternative Methods Not Accepted

Name-based searches, online checks, or other non-biometric methods are NOT accepted as they:

- Do not meet reliability standards;

- Cannot definitively link records to individuals;

- May miss relevant convictions;

- Do not comply with best practices for pre-engagement screening.

7.3.4.3 Fingerprinting Process

The SAPS AFIS process involves:

(i) Consent and Authorization:

- Staff User signs consent form;

- HireProStaff provides authorization letter for fingerprinting.

(ii) Fingerprinting Appointment:

- Staff User schedules appointment at:

- Designated SAPS station; OR

- Authorized private fingerprinting agency.

- Staff User must bring:

- Original ID document;

- Authorization letter from HireProStaff;

- Appointment confirmation.

(iii) Biometric Capture:

- All ten (10) fingerprints are captured electronically;

- Biometric data is submitted to SAPS AFIS;

- Quality checks ensure accurate capture.

(iv) Processing Time:

- Standard processing: 5-15 business days;

- Results communicated via secure channels;

- Expedited processing may be available in urgent circumstances.

(v) Results Communication:

- Results provided directly to HireProStaff;

- Staff User notified of outcome (cleared/not cleared);

- Detailed results provided to Staff User upon request;

- Adverse findings trigger pre-adverse action notice (opportunity to dispute/explain).

7.3.4.4 Cost Responsibility

The cost of criminal background checks may be:

- Borne by Staff Users as a business expense; OR

- Subsidized or paid by HireProStaff (at HireProStaff's discretion); OR

- Included in registration fees where applicable.

The party responsible for costs will be clearly communicated during the consent process.

7.3.5 Social Media and Publicly Available Information Screening

7.3.5.1 Scope of Social Media Screening

HireProStaff may review publicly available social media profiles and online presence as part of comprehensive vetting, including:

- Facebook, LinkedIn, Twitter/X, Instagram;

- Public posts, comments, photos, and videos;

- Professional profiles and recommendations;

- News articles and public records.

7.3.5.2 Special Personal Information Risk

Social media screening may inadvertently reveal special personal information, including:

- Religious or philosophical beliefs (religious posts, affiliations);

- Race or ethnic origin (photos, cultural content);

- Political persuasion (political posts, party affiliations);

- Health information (health updates, medical discussions);

- Sexual orientation (relationship status, LGBTQ+ content).

7.3.5.3 Separate Consent Required

Due to the risk of encountering special personal information, EXPLICIT WRITTEN CONSENT for social media screening is included in the separate "Vetting Consent Form."

7.3.5.4 Limited Use

Information obtained from social media screening is used ONLY for:

- Assessing professional suitability;

- Identifying safety concerns (violence, discrimination, harassment);

- Verifying accuracy of application information;

- NOT for discriminatory purposes based on protected characteristics.

7.3.5.5 Non-Discrimination Commitment

HireProStaff commits to NOT using special personal information revealed through social media for discriminatory purposes prohibited by the Employment Equity Act or Constitution.

7.4 Data Subject Rights Under POPIA

Data Subjects have the following rights under POPIA, which HireProStaff respects and facilitates:

7.4.1 Right of Access (Section 23)

(a) Request Confirmation:

- Data Subjects may request written confirmation of whether HireProStaff holds their personal information;

- Free initial request; reasonable fee for subsequent requests.

(b) Request Description:

- Data Subjects may request a description of:

- Personal information held;

- Categories of information;

- Purposes of processing;

- Recipients or categories of recipients;

- Source of information (where possible);

- Processing methods.

- Data Subjects may request a copy of their personal information;

- Provided in understandable form;

- Electronic format preferred.

(d) Response Timeframe:

- HireProStaff responds within ten (10) business days of receiving a valid request;

- Extensions may be granted for complex requests (with notice);

- Refusals must be justified in writing.

(e) How to Request:

- Email: privacy@hireprostaff.co.za

- Subject line: "POPIA Access Request"

- Include: Full name, ID number, registered email, specific information requested.

7.4.2 Right to Correction and Deletion (Section 24)

(a) Right to Correct:

- Data Subjects may request correction of inaccurate, incomplete, misleading, or outdated personal information;

- HireProStaff will correct information within fifteen (15) business days;

- Corrections will be communicated to third parties where necessary;

- Data Subject will be notified of corrections made.

(b) Right to Delete:

Data Subjects may request deletion of personal information where:

- The information is no longer necessary for the purpose collected;

- Data Subject withdraws consent (where consent was basis for processing);

- Data Subject objects and no overriding legitimate grounds exist;

- Information was unlawfully obtained or processed;

- Law requires deletion;

- Data Subject is a child and information was collected unlawfully.

HireProStaff may refuse deletion where retention is required for:

- Legal obligation compliance;

- Establishment, exercise, or defense of legal claims;

- Legitimate business purposes;

- Public interest purposes;

- Archival, research, or statistical purposes (with safeguards).

(d) Response Timeframe:

- HireProStaff responds within twenty (20) business days;

- Refusals must be justified in writing;

- Appeals may be lodged with the Information Regulator.

(e) How to Request:

- Email: privacy@hireprostaff.co.za

- Subject line: "POPIA Correction Request" or "POPIA Deletion Request"

- Include: Full name, ID number, specific information to correct/delete, reasons.

7.4.3 Right to Object (Section 11(3))

(a) Objection to Direct Marketing:

- Data Subjects may object to personal information processing for direct marketing purposes;

- Objection is FREE and must be honored immediately;

- No marketing communications will be sent after objection;

- Does not affect transactional or service-related communications.

(b) Objection to Legitimate Interest Processing:

- Data Subjects may object to processing based on legitimate interests;

- HireProStaff must cease processing UNLESS:

- Compelling legitimate grounds override Data Subject's interests; OR

- Processing is necessary for establishment, exercise, or defense of legal claims.

- Email: privacy@hireprostaff.co.za

- Subject line: "POPIA Objection"

- Click "Unsubscribe" in marketing emails (for marketing objections).

7.4.4 Right to Lodge Complaints

(a) Internal Complaints:

- Data Subjects may lodge complaints about POPIA non-compliance with HireProStaff;

- Email: privacy@hireprostaff.co.za

- Phone: [to be inserted]

- Response within ten (10) business days.

(b) Information Regulator Complaints:

Data Subjects have the RIGHT to lodge complaints directly with the Information Regulator:

- Email: complaints.IR@justice.gov.za

- Phone: 012 406 4818

- Address: 33 Hoofd Street, Forum III, 3rd Floor Braampark, Braamfontein, Johannesburg

- Website: www.justice.gov.za/inforeg

- HireProStaff will NOT retaliate against Data Subjects who exercise their rights or lodge complaints;

- Retaliation includes deactivation, rate reduction, negative treatment, or discrimination;

- Retaliation is prohibited by POPIA and will result in enforcement action.

7.5 International Transfer of Personal Information

7.5.1 Section 72 POPIA Compliance

Section 72 of POPIA restricts transfer of personal information outside the Republic of South Africa UNLESS the recipient jurisdiction has adequate data protection laws or appropriate safeguards are in place.

7.5.2 When International Transfers Occur

International transfers of personal information may occur when:

- Cloud hosting services use international servers;

- Payment processors operate internationally;

- Analytics services process data internationally;

- Third-party software providers are located internationally;

- Business Users are located outside South Africa.

7.5.3 Safeguards for International Transfers

Where international transfers occur, HireProStaff ensures compliance through:

(a) Adequacy Determination:

- Transfer only to countries with data protection laws substantially similar to POPIA;

- European Union member states (GDPR compliance);

- Countries with adequacy determinations by the Information Regulator.

(b) Standard Contractual Clauses:

- Data Processing Agreements with standard contractual clauses approved by the Information Regulator;

- Contractual obligations to maintain POPIA-equivalent protections;

- Right to audit and inspect recipient's data practices.

- Explicit consent from Data Subjects for specific international transfers where required;

- Clear disclosure of destination countries and risks.

(d) Binding Corporate Rules:

- For multi-national service providers with binding corporate rules approved by supervisory authorities.

7.5.4 Notification of International Transfers

Data Subjects will be notified of international transfers through:

- Privacy Policy disclosure;

- Consent forms where applicable;

- Specific notices for significant transfers.

7.5.5 Data Subject Rights Preserved

International transfers do NOT diminish Data Subjects' rights under POPIA:

- All POPIA rights remain enforceable;

- Complaints may still be lodged with the Information Regulator;

- HireProStaff remains liable for recipient's POPIA violations.

7.6 Data Retention and Deletion

7.6.1 Retention Principles

Personal information is retained ONLY for as long as:

- Necessary for the purposes for which it was collected;

- Required by law or regulation;

- Necessary for establishment, exercise, or defense of legal claims.

7.6.2 Retention Periods

The following retention periods apply:

| Data Category | Retention Period | Legal Basis |

|--------------|------------------|-------------|

| Registration Information (name, ID, contact details) | Duration of account + 5 years after deactivation | Income Tax Act (5-year retention), contractual liability (prescription periods) |

| Financial Records (payments, invoices, tax documents) | 5 years from transaction date | Income Tax Act s29, VAT Act s55, Financial Intelligence Centre Act |

| Shift Records (bookings, completions, ratings) | 3 years from Shift completion | Labour law documentation requirements, dispute resolution |

| Vetting Records (criminal checks, references) | 2 years from last update or account deactivation, whichever is later | Risk management, verification accuracy |

| Communications (messages, emails, support tickets) | 1 year from last communication | Dispute resolution, customer service quality |

| Marketing Consent | Until consent withdrawn + 3 months | POPIA Section 69, marketing compliance |

| Complaint Records | 3 years from complaint resolution | Information Regulator guidance, dispute management |

| Legal Claims | Duration of claim + 3 years after resolution | Prescription Act (debt prescription), evidence preservation |

| Minors' Data (unlawfully collected) | Immediate deletion upon discovery | POPIA Section 35, child protection |

7.6.3 Automatic Deletion

Upon expiry of retention periods:

- Personal information is AUTOMATICALLY flagged for deletion;

- Automated deletion processes execute quarterly;

- Manual review ensures no legal holds or ongoing claims require extended retention;

- Deletion is irreversible.

7.6.4 Secure Deletion Procedures

Deletion is conducted through:

- Permanent deletion from production databases;

- Permanent deletion from backup systems within thirty (30) days;

- Overwriting of storage media (DoD 5220.22-M standard);

- Physical destruction of hardware where applicable;

- Confirmation certificates generated and retained;

- Third-party processor deletion confirmations obtained.

7.6.5 Exceptions to Deletion

Personal information may be retained beyond standard periods where:

- Ongoing legal proceedings require preservation;

- Regulatory investigation is underway;

- Fraud or criminal investigation necessitates retention;

- Data Subject has expressly consented to longer retention;

- Anonymization is applied for statistical purposes.

7.6.6 Anonymization Alternative

Where personal information has historical or statistical value, HireProStaff may:

- Anonymize data instead of deleting;

- Remove all identifiers and pseudonymous identifiers;

- Aggregate data for statistical analysis;

- Retain anonymized data indefinitely.

Anonymization is irreversible and prevents re-identification.

7.7 Data Breach Notification and Response

7.7.1 Data Breach Definition

A "data breach" means unauthorized access to, acquisition of, or loss of personal information that compromises:

- Confidentiality of personal information;

- Integrity of personal information;

- Availability of personal information.

7.7.2 Notification to Information Regulator

MANDATORY TIMELINE:

HireProStaff must notify the Information Regulator of data breaches "as soon as reasonably possible" after becoming aware, interpreted as:

- Within seventy-two (72) hours of becoming aware of the breach; OR

- If not possible within 72 hours, with reasons for delay.

Notification Content:

Notification to the Information Regulator must include:

- Description of the breach and circumstances;

- Categories and approximate number of Data Subjects affected;

- Categories and approximate number of records affected;

- Name and contact details of HireProStaff's Information Officer;

- Likely consequences of the breach;

- Measures taken or proposed to address the breach;

- Measures taken or proposed to mitigate harm;

- Recommendations for Data Subjects to protect themselves (where applicable).

7.7.3 Notification to Data Subjects

MANDATORY TIMELINE:

HireProStaff must notify affected Data Subjects "as soon as reasonably possible" where the breach is likely to cause serious harm.

"Serious Harm" Determination:

Serious harm includes:

- Identity theft or fraud risk;

- Financial loss risk;

- Physical harm risk;

- Psychological harm or humiliation;

- Reputational damage;

- Discrimination or other significant adverse effects.

Notification Content:

Notification to Data Subjects must include:

- Description of the breach in plain language;

- Categories of personal information affected;

- Measures taken by HireProStaff to address the breach;

- Recommendations for protective action (e.g., password changes, fraud alerts);

- Contact details for further information and assistance;

- Steps HireProStaff is taking to prevent recurrence.

Notification Methods:

- Individual email to each affected Data Subject;

- SMS notification where email not available;

- In-Platform notification;

- Physical letter where electronic communication not possible;

- Public notice where individual notification not reasonably practicable.

7.7.4 Public Notification

Where the Information Regulator directs, or where the breach affects a large number of Data Subjects, HireProStaff will:

- Publish public notice on www.hireprostaff.co.za;

- Issue press release to major South African media;

- Publish notice in national newspapers;

- Coordinate with the Information Regulator on messaging.

7.7.5 Breach Response Protocol

Upon discovering or receiving notice of a data breach, HireProStaff will immediately:

(i) Containment (0-24 hours):

- Isolate affected systems;

- Disable compromised accounts or access points;

- Preserve evidence for investigation;

- Engage cybersecurity incident response team;

- Implement emergency security measures.

(ii) Investigation (24-72 hours):

- Determine scope and extent of breach;

- Identify affected Data Subjects and data categories;

- Assess root cause and vulnerability exploited;

- Determine whether breach is ongoing or contained;

- Assess risk of harm to Data Subjects.

(iii) Notification (72 hours):

- Notify Information Regulator within 72 hours;

- Begin notification to affected Data Subjects;

- Prepare public communications if necessary.

(iv) Remediation (Ongoing):

- Implement fixes to prevent recurrence;

- Enhance security measures;

- Conduct post-incident review;

- Update security policies and procedures;

- Retrain staff on data protection.

(v) Cooperation with Authorities:

- Fully cooperate with Information Regulator investigation;

- Cooperate with law enforcement if criminal activity involved;

- Provide all requested information and documentation;

- Implement corrective measures as directed.

7.7.6 No Penalty for Good Faith Reporting

Users who discover data breaches or security vulnerabilities and report them responsibly to security@hireprostaff.co.za will NOT face:

- Account deactivation;

- Legal action;

- Retaliation of any kind.

This "good faith reporting" exception does NOT apply to individuals who:

- Caused or contributed to the breach;

- Exploited the breach for personal gain;

- Disclosed the breach publicly before responsible disclosure to HireProStaff.

8. DATA PROCESSING AND SECURITY

8.1 Technical and Organizational Measures

HireProStaff implements comprehensive, industry-standard technical and organizational measures to ensure personal information security as required by Section 19 of POPIA:

8.1.1 Technical Security Measures

(a) Encryption:

- Data in Transit: Minimum TLS 1.2 (Transport Layer Security) for all data transmitted between users and servers;

- Data at Rest: AES-256 encryption (Advanced Encryption Standard) for all stored personal information;

- Database Encryption: Field-level encryption for highly sensitive data (ID numbers, financial information);

- Encryption Key Management: Secure key storage with Hardware Security Modules (HSM) or equivalent.

(b) Access Controls:

- Multi-Factor Authentication (MFA): Required for all administrative access;

- Role-Based Access Control (RBAC): Access granted on need-to-know principle;

- Least Privilege Principle: Users granted minimum access necessary for job functions;

- Access Logging: All access to personal information logged and audited;

- Automated Access Revocation: Immediate access termination upon staff departure;

- Regular Access Reviews: Quarterly reviews of user access rights.

- Firewalls: Enterprise-grade firewalls protecting all network boundaries;

- Intrusion Detection/Prevention Systems (IDS/IPS): Real-time monitoring and blocking of malicious activity;

- Virtual Private Networks (VPN): Required for remote administrative access;

- Network Segmentation: Separation of production, development, and administrative networks;

- DDoS Protection: Distributed Denial of Service attack mitigation.

(d) Application Security:

- Secure Development Lifecycle: Security integrated into all development phases;

- Code Reviews: Regular security-focused code reviews;

- Vulnerability Scanning: Automated scanning for known vulnerabilities;

- Penetration Testing: Annual third-party penetration testing;

- Security Patches: Prompt application of security updates (within 48 hours of critical patches);

- Web Application Firewall (WAF): Protection against common web attacks (SQL injection, XSS, CSRF).

(e) Data Backup and Recovery:

- Regular Backups: Daily incremental and weekly full backups;

- Encrypted Backups: All backups encrypted with AES-256;

- Offsite Storage: Geographic redundancy with backups stored in multiple locations;

- Backup Testing: Quarterly restoration testing;

- Disaster Recovery Plan: Documented procedures for rapid recovery;

- Recovery Time Objective (RTO): 24 hours for critical systems;

- Recovery Point Objective (RPO): Maximum 24-hour data loss.

(f) Security Monitoring:

- 24/7 Security Operations Center (SOC): Continuous monitoring of security events;

- Security Information and Event Management (SIEM): Centralized logging and analysis;

- Automated Alerting: Real-time alerts for suspicious activity;

- Threat Intelligence: Integration with global threat intelligence feeds;

- Security Incident Response Team: Dedicated team for incident response.

(g) Endpoint Security:

- Antivirus/Antimalware: Enterprise-grade endpoint protection;

- Device Management: Mobile Device Management (MDM) for company devices;

- Device Encryption: Full disk encryption on all devices storing personal information;

- Secure Configuration: Hardened device configurations;

- Remote Wipe: Capability to remotely erase data from lost/stolen devices.

8.1.2 Organizational Security Measures

(a) Information Security Policy:

- Comprehensive written Information Security Policy;

- Board-approved and executive-sponsored;

- Regularly reviewed and updated (annual minimum);

- Covers all aspects of information security;

- Compliance mandatory for all personnel.

(b) Personnel Security:

- Background Checks: Criminal background checks for all employees with access to personal information;

- Confidentiality Agreements: All employees, contractors, and third parties sign confidentiality agreements before access;

- Security Training: Mandatory annual security and POPIA training for all personnel;

- Specialized Training: Enhanced training for personnel handling sensitive personal information;

- Security Awareness: Ongoing security awareness campaigns (phishing simulations, security tips);

- Disciplinary Measures: Clear consequences for security policy violations.

- Secure Data Centers: Personal information stored in Tier III or higher data centers with:

- 24/7 physical security and video surveillance;

- Biometric access controls;

- Redundant power and cooling;

- Fire suppression systems;

- Environmental monitoring;

- Office Security: Restricted access to offices, locked server rooms;

- Clean Desk Policy: No personal information left unattended;

- Secure Disposal: Shredding of physical documents, secure erasure of electronic media.

(d) Incident Response:

- Incident Response Plan: Documented procedures for security incidents and data breaches;

- Incident Response Team: Designated team with defined roles and responsibilities;

- Regular Drills: Annual incident response exercises;

- Post-Incident Review: Lessons learned and process improvements after each incident.

(e) Business Continuity and Disaster Recovery:

- Business Continuity Plan (BCP): Documented procedures for maintaining operations during disruptions;

- Disaster Recovery Plan (DRP): Technical procedures for system recovery;

- Regular Testing: Annual BCP/DRP testing;

- Communication Plans: Clear communication protocols for stakeholders during incidents.

(f) Compliance and Auditing:

- Internal Audits: Quarterly internal security audits;

- External Audits: Annual independent third-party security audits;

- Penetration Testing: Annual penetration testing by certified ethical hackers;

- Vulnerability Assessments: Quarterly vulnerability scans;

- Compliance Monitoring: Ongoing POPIA compliance monitoring;

- Audit Logs: Comprehensive audit trails for all personal information access and processing.

(g) Third-Party Management:

- Vendor Security Assessments: Security evaluation before engaging third-party processors;

- Data Processing Agreements: Mandatory agreements with all processors;

- Ongoing Monitoring: Regular reviews of third-party security practices;

- Right to Audit: Contractual right to audit third-party processors;

- Incident Notification: Requirement for processors to immediately report security incidents.

8.2 Third-Party Processors and Data Processing Agreements

8.2.1 Operator and Processor Obligations

All third-party operators and processors engaged by HireProStaff must:

(a) Data Processing Agreements:

- Enter into written Data Processing Agreements (DPAs) complying with POPIA Section 21;

- DPAs must specify:

- Subject matter and duration of processing;

- Nature and purpose of processing;

- Types of personal information processed;

- Categories of Data Subjects;

- Processor obligations and restrictions;

- Security measures required;

- Breach notification requirements;

- Sub-processor authorization and requirements;

- Audit rights;

- Data return or deletion upon termination.

(b) Process Only on Instructions:

- Process personal information ONLY on documented instructions from HireProStaff;

- No processing for processor's own purposes;

- Immediately notify HireProStaff if instructions appear to violate POPIA.

- Implement security measures equivalent to or exceeding HireProStaff's standards;

- Regularly review and update security measures;

- Provide evidence of security compliance upon request.

(d) Confidentiality:

- Ensure all personnel accessing personal information are bound by confidentiality;

- Provide security training to personnel;

- Limit access to authorized personnel only.

(e) Sub-Processors:

- Obtain prior written authorization for sub-processors;

- Impose same data protection obligations on sub-processors;

- Remain fully liable for sub-processor actions.

(f) Assist HireProStaff:

- Assist with Data Subject rights requests;

- Assist with data breach notifications;

- Assist with compliance audits and assessments;

- Provide information necessary for HireProStaff's POPIA compliance.

(g) Audit and Inspection:

- Allow HireProStaff or authorized auditors to inspect facilities and records;

- Provide information and documentation upon request;

- Cooperate fully with compliance audits.

(h) Breach Notification:

- Notify HireProStaff immediately upon discovering any data breach or security incident;

- Provide full details of breach circumstances, scope, and impact;

- Cooperate with breach investigation and remediation.

(i) Data Return or Deletion:

- Upon termination of services:

- Return all personal information to HireProStaff; OR

- Securely delete all personal information;

- Provide certification of deletion;

- Delete personal information from backups within specified timeframe.

8.2.2 Key Third-Party Processors

HireProStaff engages the following categories of third-party processors:

(a) Cloud Hosting and Infrastructure:

- Providers: [e.g., Amazon Web Services, Microsoft Azure, Google Cloud Platform - to be specified]

- Purpose: Platform hosting, data storage, computing resources

- Data Processed: All Platform data including personal information

- Location: South African data centers primarily; international backup locations with safeguards

(b) Payment Processors:

- Providers: Paystack, [other payment gateways - to be specified]

- Purpose: Processing Prepayments, disbursements to Staff Users, fee collection

- Data Processed: Financial information, transaction details, banking details

- Location: South Africa and international (with PCI-DSS compliance)

- Providers: SAPS AFIS authorized agencies, [reference checking services - to be specified]

- Purpose: Criminal background checks, reference verification, identity verification

- Data Processed: Identity information, biometric data, criminal records, work history

- Location: South Africa

(d) Communication Services:

- Providers: [SMS gateway providers, email service providers - to be specified]

- Purpose: Transactional notifications, marketing communications, customer support

- Data Processed: Contact details, communication preferences, message content

- Location: South Africa and international

(e) Analytics and Performance Monitoring:

- Providers: [Google Analytics, Mixpanel, or similar - to be specified]

- Purpose: Platform usage analytics, performance monitoring, user behavior analysis

- Data Processed: Usage data, device information, anonymized user data

- Location: International (with anonymization and safeguards)

(f) Customer Support:

- Providers: [Zendesk, Intercom, or similar - to be specified]

- Purpose: Customer support ticket management, live chat, help desk

- Data Processed: Contact details, support communications, account information

- Location: International (with data processing agreements)

8.2.3 Updated Processor List

An updated list of all data processors is maintained and available upon request by contacting privacy@hireprostaff.co.za.

8.3 User Security Obligations

Users play a critical role in data security and MUST:

8.3.1 Account Security:

- Maintain strict confidentiality of login credentials (username and password);

- NEVER share login credentials with any other person;

- Use strong, unique passwords:

- Minimum 12 characters;

- Combination of uppercase, lowercase, numbers, and special characters;

- Not easily guessable (no "password123" or birthdates);

- Unique to HireProStaff (not reused from other sites);

- Change passwords immediately if compromise suspected;

- Enable two-factor authentication (2FA) where available.

8.3.2 Device Security:

- Use secure devices to access the Platform;

- Keep devices and software updated with latest security patches;

- Install reputable antivirus/antimalware software;

- Do not access the Platform from public or untrusted devices;

- Lock devices when unattended;

- Use device encryption where available.

8.3.3 Network Security:

- Use secure, trusted internet connections;

- Avoid public Wi-Fi for sensitive transactions;

- Use VPN when accessing from public networks;

- Ensure home/office networks are password-protected.

8.3.4 Phishing and Social Engineering:

- Be vigilant against phishing emails and SMS;

- Verify legitimacy of communications claiming to be from HireProStaff;

- Never click suspicious links or download suspicious attachments;

- HireProStaff will NEVER ask for passwords via email or SMS;

- Report suspected phishing to security@hireprostaff.co.za.

8.3.5 Logging Out:

- Always log out after using the Platform, especially on shared devices;

- Close browser windows after logging out;

- Do not select "remember me" on shared devices.

8.3.6 Reporting Security Concerns:

- Immediately report suspected security breaches to security@hireprostaff.co.za;

- Report unauthorized account access;

- Report lost or stolen devices with Platform access;

- Report any suspicious Platform behavior.

8.3.7 Liability for User Negligence:

HireProStaff shall NOT be liable for any losses, damages, or data breaches arising from:

- User failure to maintain account security;

- User sharing of credentials;

- User use of weak or compromised passwords;

- User access from insecure devices or networks;

- User response to phishing or social engineering attacks;

- Any other user negligence regarding security obligations.

Users may be held liable for losses suffered by HireProStaff or other Users due to the User's security negligence.

PART D: PLATFORM OPERATIONS

9. STAFF USER OBLIGATIONS AND CONDUCT

9.1 Professional Standards

Staff Users undertake to maintain the highest professional standards in all interactions and service delivery:

9.1.1 Professionalism:

- Conduct themselves professionally, courteously, and respectfully at all times;

- Maintain a positive, helpful attitude;

- Demonstrate commitment to service excellence;

- Uphold the reputation of the hospitality industry;

- Act as ambassadors for professional hospitality services.

9.1.2 Punctuality:

- Arrive at Shift locations at the specified start time (or 15 minutes early where requested);

- Plan route and travel time to ensure punctual arrival;

- Account for traffic, parking, and venue access procedures;

- Notify Business User immediately if delay is unavoidable (minimum 1 hour advance notice where possible).

9.1.3 Appearance and Dress Code:

- Dress appropriately for the Shift and venue type;

- Wear clean, pressed, professional hospitality attire;

- Adhere to Business User's dress code requirements communicated in Shift details;

- Maintain excellent personal grooming and hygiene;

- Remove visible piercings or cover tattoos if requested by Business User;

- Wear required uniforms or branded attire where provided.

9.1.4 Skill and Care:

- Perform all services with reasonable skill, care, and diligence;

- Apply professional expertise and industry best practices;

- Work efficiently and productively;

- Pay attention to detail;

- Take pride in work quality;

- Seek clarification if uncertain about tasks or expectations.

9.1.5 Following Instructions:

- Follow all lawful, reasonable instructions from Business Users or their designated representatives;

- Comply with venue policies, procedures, and protocols;

- Adapt to venue-specific requirements and preferences;

- Ask questions if instructions are unclear;

- Do NOT refuse reasonable instructions related to the Shift scope.

9.1.6 Hygiene Standards:

- Maintain impeccable personal hygiene;

- Wash hands frequently, especially in food service roles;

- Wear appropriate hair restraints in food preparation areas;

- Comply with health and safety hygiene protocols;

- Do not work while ill with communicable diseases;

- Report any illnesses or injuries to Business Users.

9.1.7 Respectful Treatment:

- Treat all persons with dignity, courtesy, and respect, including:

- Business Users and their staff;

- Venue guests and customers;

- Fellow Staff Users;

- Vendors and suppliers;

- Use polite, professional language;

- Remain calm and composed in stressful situations;

- Handle complaints or difficult situations with grace and professionalism.

9.2 Compliance Obligations

Staff Users must comply with all applicable laws, regulations, and industry standards:

9.2.1 Legal Compliance:

- Comply with ALL South African laws and regulations applicable to hospitality work;

- Comply with venue-specific regulations and licensing requirements;

- Cooperate with regulatory inspections or audits;

- Report any illegal activities or safety violations observed.

9.2.2 Work Authorization:

- Maintain valid work authorization in South Africa at all times;

- Immediately notify HireProStaff if work authorization expires or is revoked;

- Provide updated documentation upon request;

- Understand that working without valid authorization may result in criminal prosecution.

9.2.3 Health Certificates:

- Obtain and maintain valid health certificates where required by law for food handling;

- Renew certificates before expiration;

- Provide copies to HireProStaff and Business Users upon request;

- Immediately disclose any health conditions that preclude safe food handling.

9.2.4 Venue-Specific Training:

- Complete any mandatory venue-specific orientation or training before commencing Shifts;

- Attend safety briefings and inductions;

- Familiarize yourself with venue layout, emergency exits, and procedures;

- Review and acknowledge venue policies.

9.2.5 Policy Adherence:

- Adhere to Business User's:

- Service standards and protocols;

- Uniform and appearance policies;

- Social media and photography policies;

- Confidentiality and data protection policies;

- Alcohol and substance policies;

- Any other reasonable venue policies.

9.2.6 Incident Reporting:

- Immediately report to Business Users:

- Injuries (to self or others);

- Accidents and near-misses;

- Property damage;

- Safety hazards;

- Theft or suspected theft;

- Harassment or discrimination;

- Any other significant incidents;

- Complete incident report forms as required;

- Cooperate with incident investigations.

9.3 Prohibited Conduct

THE FOLLOWING CONDUCT IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDIATE DEACTIVATION WITHOUT NOTICE:

9.3.1 Violence and Threats:

- Physical violence or assault against any person;

- Threats of violence or intimidation;

- Aggressive or menacing behavior;

- Destruction of property;

- Possession of weapons on venue premises (unless authorized security personnel).

CONSEQUENCE: Immediate permanent deactivation + police referral + potential criminal prosecution.

9.3.2 Sexual Harassment:

- Any unwelcome conduct of a sexual nature, including:

- Sexual advances or propositions;

- Requests for sexual favors;

- Sexual comments, jokes, or innuendo;

- Display of sexually explicit materials;

- Unwanted physical contact of a sexual nature;

- Sexual assault or attempted sexual assault;

- See Section 22 for comprehensive Sexual Harassment Policy.

CONSEQUENCE: Immediate permanent deactivation + police referral where criminal conduct + possible civil liability.

9.3.3 Discrimination:

- Discrimination against any person based on:

- Race, ethnicity, or national origin;

- Gender, sex, or gender identity;

- Sexual orientation;

- Age;

- Disability;

- Religion or belief;

- Pregnancy or marital status;

- Any other protected characteristic under the Employment Equity Act or Constitution;

- Hate speech or derogatory comments;

- Refusing to serve customers based on protected characteristics.

CONSEQUENCE: Immediate permanent deactivation + potential legal action + report to Equality Court where appropriate.

9.3.4 Theft and Dishonesty:

- Theft of money, property, food, beverages, or any other items;

- Fraud, embezzlement, or misappropriation;

- Unauthorized removal of venue property;

- Accepting bribes or kickbacks;

- Falsifying records (time sheets, incident reports);

- Misrepresenting qualifications, experience, or credentials;

- Creating fake profiles or impersonating others.

CONSEQUENCE: Immediate permanent deactivation + police referral + civil action for recovery of losses.

9.3.5 Intoxication and Substance Impairment:

- Being under the influence of alcohol during Shifts;

- Being under the influence of illegal drugs during Shifts;

- Consuming alcohol or drugs during Shifts (unless designated tasting duties);

- Possession of illegal substances on venue premises;

- Arriving at Shifts intoxicated or impaired.

CONSEQUENCE: Immediate permanent deactivation + police referral where illegal substances + potential criminal prosecution.

9.3.6 Confidentiality Breaches:

- Disclosing confidential Business User information;

- Disclosing proprietary recipes, methods, or trade secrets;

- Photographing or recording confidential information;

- Sharing customer lists or data;

- Violating non-disclosure obligations;

- See Section 29 for comprehensive Confidentiality obligations.

CONSEQUENCE: Immediate permanent deactivation + civil action for damages + injunctive relief.

9.3.7 Solicitation:

- Soliciting Business Users' customers for personal services or bookings;

- Encouraging customers to book directly instead of through venue;

- Distributing personal business cards or promotional materials without authorization;

- Poaching customers from Business Users;

- Competing directly with Business Users using information gained during Shifts.

CONSEQUENCE: Immediate permanent deactivation + civil action for damages + injunction.

9.3.8 Misrepresentation:

- Misrepresenting qualifications, certifications, or experience on Platform profiles;

- Using fake references or credentials;

- Providing false information during vetting;

- Lying about work history or background;

- Exaggerating skills or capabilities.

CONSEQUENCE: Immediate permanent deactivation + potential fraud charges + blacklisting.

9.3.9 Platform Manipulation:

- Creating multiple fake accounts;

- Writing fake reviews (positive or negative);

- Manipulating ratings or rankings;

- Gaming the Platform algorithm;

- Submitting fraudulent shift completion records;

- Engaging in any conduct designed to manipulate Platform systems.

CONSEQUENCE: Immediate permanent deactivation + all accounts terminated + potential legal action.

9.3.10 Harassment and Bullying:

- Harassment, bullying, or intimidation of any person;

- Creating hostile or offensive environments;

- Persistent unwanted contact or attention;

- Cyberbullying or online harassment;

- Retaliation against persons who report misconduct.

CONSEQUENCE: Immediate permanent deactivation + potential legal action + police referral where criminal.

9.4 Financial Integrity

9.4.1 Payment Through Platform Only:

CRITICAL REQUIREMENT:

- ALL payments for Platform-booked Shifts MUST be processed through the Platform;

- Staff Users MUST NOT accept cash, EFT, or any other direct payments from Business Users for Shifts booked through the Platform;

- This requirement ensures:

- Transaction transparency and record-keeping;

- Platform Fee collection for service provision;

- Tax documentation and compliance;

- Payment protection for both parties;

- Rating and review system integrity.

VIOLATION: Accepting direct payment constitutes:

- Breach of these Terms;

- Fraud against HireProStaff;

- Tax evasion (where payments not declared);

- Immediate permanent deactivation;

- Legal action for recovery of Platform Fees + damages + legal costs.

9.4.2 No Bribery or Corruption:

- Do NOT offer, solicit, accept, or agree to accept bribes or kickbacks in connection with:

- Obtaining Shifts;

- Favorable ratings or reviews;

- Concealing misconduct or policy violations;

- Any other Platform-related matters;

- Do NOT engage in corrupt practices as defined in the Prevention and Combating of Corrupt Activities Act 12 of 2004;

- Report any bribery or corruption attempts to compliance@hireprostaff.co.za.

VIOLATION: Immediate permanent deactivation + police referral + criminal prosecution.

9.4.3 No Fraudulent Practices:

- Do NOT engage in any fraudulent financial practices, including:

- Falsifying Shift hours or completion records;

- Claiming payment for Shifts not worked;

- Inflating expenses or charges;

- Money laundering;

- Identity theft or payment fraud;

- Do NOT assist others in committing fraud.

VIOLATION: Immediate permanent deactivation + police referral + civil action + criminal prosecution.

9.4.4 Rating and Review Integrity:

- Do NOT manipulate the rating or review system by:

- Writing fake reviews;

- Offering incentives for positive reviews;

- Threatening or coercing reviewers;

- Submitting fraudulent ratings;

- Creating fake accounts to boost ratings;

- Maintain honest, authentic ratings and reviews.

VIOLATION: Permanent deactivation + removal of all ratings/reviews + potential legal action.

9.5 Shift Fulfilment Obligations

9.5.1 Commitment to Accepted Shifts

Once a Shift is accepted, Staff Users have made a binding commitment and MUST:

(a) Honor the Commitment:

- Attend and complete the full Shift as booked;

- Work the entire duration from start time to end time;

- NOT leave early without Business User permission;

- NOT take extended unauthorized breaks;

- Treat the commitment as seriously as a traditional employment shift.

(b) Exceptional Circumstances Only:

Shifts may ONLY be cancelled or not completed due to genuine emergencies, including:

- Serious personal illness or injury;

- Serious illness or injury of immediate family member;

- Death in immediate family;

- Serious accident or disaster;

- Other unavoidable circumstances beyond Staff User's reasonable control.

The following are NOT acceptable reasons for cancellation:

- Finding a better paying Shift;

- Changed plans or preferences;

- Inconvenient timing;

- Weather (unless severe and dangerous);

- Minor illnesses that do not preclude safe work;

- Transportation difficulties (should be planned for in advance).

9.5.2 Cancellation Notice Requirements

(a) Advance Notice:

- Provide MINIMUM twelve (12) hours advance notice for cancellations where possible;

- Longer notice is strongly encouraged (24-48 hours preferred);

- Immediate notice where genuine emergency prevents advance notice (e.g., sudden illness, accident).

(b) Notice Procedure:

- Cancel through the Platform's cancellation function;

- Provide brief explanation for cancellation;

- Contact Business User directly via Platform messaging to apologize and explain;

- Do NOT simply fail to show up ("no-show") without cancellation notice.

- If unable to access Platform (e.g., hospitalization), have someone contact HireProStaff on your behalf:

- Emergency Hotline: [number to be inserted]

- Email: support@hireprostaff.co.za

9.5.3 No Substitutes Without Consent:

- Do NOT send a substitute to work the Shift in your place;

- The Business User booked YOU specifically based on your profile, ratings, and experience;

- Unauthorized substitution constitutes breach of contract;

- If you cannot work, you must cancel the Shift through proper channels;

- In exceptional circumstances, you may request permission to send a substitute:

- Request must be made through Platform messaging;

- Both HireProStaff AND Business User must approve in writing;

- Substitute must be a registered, vetted HireProStaff Staff User;

- Approval is at sole discretion of HireProStaff and Business User.

VIOLATION: Unauthorized substitution results in:

- Forfeiture of payment;

- Negative rating;

- Warning or suspension;

- Deactivation for repeated violations.

9.5.4 Shift Check-In and Check-Out:

- Check in through the Platform at Shift start time;

- Check out through the Platform at Shift end time;

- GPS verification may be required to confirm presence at venue;

- Accurate time recording is essential for payment calculation and record-keeping;

- Falsifying check-in/check-out times constitutes fraud.

FAILURE TO CHECK-IN/CHECK-OUT:

- May delay payment processing;

- May require manual verification from Business User;

- Repeated failures may result in warnings or suspension.

9.5.5 Consequences of Cancellations and No-Shows

(a) Legitimate Cancellations (with proper notice and valid reason):

- No penalty;

- No negative impact on account standing;

- Business User receives appropriate refund per Refund Policy (Section 16).

(b) Late Cancellations (less than 12 hours notice without emergency):

- Warning issued for first offense;

- Additional late cancellations may result in:

- Temporary reduction in search visibility;

- Temporary suspension (3-7 days) for repeated violations;

- Permanent deactivation for chronic late cancellations.

No-shows are taken EXTREMELY seriously as they:

- Severely disrupt Business User operations;

- Leave venues understaffed at critical times;

- Damage HireProStaff's reputation;

- Harm other Staff Users by eroding Business User trust.

CONSEQUENCES:

- First No-Show: 7-day suspension + warning;

- Second No-Show: 30-day suspension + final warning;

- Third No-Show: Permanent deactivation;

- Grossly negligent or malicious no-shows (e.g., no-show at major event causing significant damages): Immediate permanent deactivation + potential civil action for damages.

(d) Pattern of Unreliability:

- Staff Users with patterns of cancellations, even if legitimate, may be:

- Subject to reduced search visibility;

- Required to provide medical certificates or proof for future cancellations;

- Asked to reduce their availability or take time off to resolve personal circumstances;

- Deactivated if unreliability continues.

9.5.6 Completion of Full Shift Duration:

- Staff Users must work the ENTIRE Shift duration as booked;

- Do NOT leave early without Business User's express permission;

- Where Shift ends early due to Business User's decision (e.g., slow night, event finishes early):

- Payment for full booked duration is still required;

- Business User may not unilaterally reduce payment;

- This protects Staff User income and compensates for committed availability.

10. BUSINESS USER OBLIGATIONS AND CONDUCT

10.1 Fair Treatment Standards

Business Users undertake to treat all Staff Users with dignity, respect, and fairness:

10.1.1 Dignity and Respect:

- Treat Staff Users as professional service providers, not subordinates;

- Use respectful, courteous language and tone;

- Recognize Staff Users' expertise and professionalism;

- Do NOT engage in demeaning, belittling, or humiliating conduct;

- Create a positive, supportive work environment.

10.1.2 Clear Expectations:

- Provide clear, detailed Shift descriptions when posting Shifts, including:

- Specific tasks and responsibilities;

- Required skills or experience;

- Dress code and appearance requirements;

- Shift duration and timing;

- Venue location and access instructions;

- Any special requirements or considerations;

- Answer Staff User questions about Shift details promptly;

- Clarify expectations before Shift commencement.

10.1.3 Scope of Work:

- Do NOT require Staff Users to perform tasks significantly outside the scope of work described in the Shift posting;

- Additional or different tasks require Staff User consent;

- Substantially different work than described may entitle Staff User to decline or to additional compensation;

- Examples of scope violations:

- Booking a waiter and requiring them to do heavy kitchen cleaning;

- Booking event staff and requiring them to provide transportation;

- Booking one type of work and demanding completely different work.

10.1.4 Equipment and Resources:

- Provide ALL necessary equipment, tools, materials, and resources for Staff Users to perform their tasks effectively;

- Ensure equipment is safe, functional, and appropriate for the tasks;

- Provide adequate quantities of supplies;

- Where Staff Users are expected to provide their own tools (e.g., chef knives), this must be clearly stated in the Shift description.

10.1.5 Adequate Breaks:

- Provide adequate meal and rest breaks during long Shifts in accordance with industry standards and BCEA guidance:

- 30-60 minute meal break for Shifts of 5+ hours;

- 10-15 minute rest breaks for every 3-4 hours of work;

- Meal breaks are unpaid unless otherwise agreed;

- Rest breaks are paid;

- Staff Users must be permitted to leave the work area during breaks;

- Adequate break facilities (seating, access to water, restroom) must be provided.

10.1.6 Non-Discrimination:

- Do NOT discriminate against Staff Users based on:

- Race, ethnicity, or national origin;

- Gender, sex, or gender identity;

- Sexual orientation;

- Age;

- Disability;

- Religion or belief;

- Pregnancy or marital status;

- Any other protected characteristic;

- Base booking decisions on relevant, objective criteria (skills, experience, ratings, availability);

- Do NOT engage in hate speech or derogatory comments;

- See Section 22 for comprehensive Discrimination Policy.

10.2 Workplace Safety Obligations

CRITICAL SAFETY ACKNOWLEDGMENT

AS THE OCCUPIER OF THE PREMISES, BUSINESS USERS BEAR FULL, NON-DELEGABLE RESPONSIBILITY FOR WORKPLACE SAFETY

Business Users must comply with all workplace safety obligations under OHSA and common law:

10.2.1 Safe Work Environment (OHSA Section 8):

Business Users MUST:

- Provide and maintain a working environment that is safe and without risk to the health of Staff Users;

- Eliminate or mitigate hazards to the extent reasonably practicable;

- Ensure premises comply with OHSA and all applicable regulations;

- Conduct regular safety inspections and risk assessments;

- Maintain safe access to and egress from the workplace;

- Provide adequate lighting, ventilation, and temperature control;

- Ensure structural integrity of buildings and equipment.

10.2.2 Safety Equipment and Training (OHSA Sections 8, 9):

Business Users MUST:

- Provide necessary Personal Protective Equipment (PPE) at no cost to Staff Users, including:

- Non-slip footwear (or reimbursement) for kitchen and service staff;

- Cut-resistant gloves for food preparation;

- Aprons and protective clothing where required;

- Fire-resistant clothing where required;

- Any other PPE specific to hazards present;

- Ensure PPE is appropriate, properly maintained, and fits correctly;

- Provide safety training and instruction on:

- Hazard identification;

- Safe work procedures;

- Emergency procedures (fire, evacuation, first aid);

- Proper use of equipment and PPE;

- Hazardous substance handling (where applicable).

10.2.3 Hazard Communication (OHSA Section 8(2)(d)):

Business Users MUST:

- Identify all workplace hazards relevant to Staff Users' tasks;

- Communicate hazards clearly before Shift commencement;

- Provide warnings and signage where hazards cannot be eliminated;

- Inform Staff Users of any dangerous or unusual conditions;

- Provide Safety Data Sheets (SDS) for hazardous substances;

- Ensure Staff Users understand the hazards and protective measures.

10.2.4 First Aid and Emergency Response (OHSA Regulations):

Business Users MUST:

- Maintain adequate first aid facilities and supplies appropriate to venue size and risk;

- Have designated first aiders on duty;

- Have emergency contact numbers readily available;

- Have emergency procedures documented and communicated;

- Maintain functional fire safety equipment (extinguishers, alarms, sprinklers);

- Ensure clear, unobstructed emergency exits;

- Conduct fire drills periodically.

10.2.5 Incident Reporting and Investigation (OHSA Sections 24, 25):

Business Users MUST:

- Report all injuries, incidents, and occupational diseases to the Department of Labour as required by law;

- Investigate incidents to determine root causes;

- Take corrective action to prevent recurrence;

- Maintain incident records for prescribed periods;

- Notify HireProStaff of any incidents involving Staff Users.

10.2.6 Dangerous Tasks (OHSA Section 8):

Business Users MUST NOT:

- Require Staff Users to perform inherently dangerous tasks without:

- Proper training and certification;

- Appropriate safety equipment and safeguards;

- Adequate supervision;

- Informed consent from Staff Users;

- Examples of dangerous tasks requiring special precautions:

- Working at heights (ladders, scaffolding);

- Working with hazardous chemicals;

- Operating dangerous machinery (slicers, meat grinders, deep fryers);

- Working in confined spaces;

- Working alone in isolated areas late at night;

- Handling aggressive or intoxicated patrons.

10.2.7 Occupiers' Liability:

Business Users acknowledge that they owe a non-delegable common law duty of care to all persons on their premises, including Staff Users:

- The duty requires taking reasonable steps to guard against reasonably foreseeable harm;

- The duty cannot be discharged by delegating safety to a contractor (like HireProStaff);

- Business Users remain liable for injuries caused by premises defects or inadequate safety measures;

- See Section 21 for detailed Occupiers' Liability provisions.

10.2.8 Insurance Coverage:

Business Users MUST maintain adequate insurance coverage as specified in Section 20, including public liability insurance covering injuries to Staff Users on premises.

10.3 Payment and Financial Obligations

10.3.1 Prepayment Requirement:

MANDATORY PREPAYMENT:

- ALL Shift bookings require full Prepayment of the Total Shift Cost BEFORE the Shift is confirmed and posted;

- Prepayment includes:

- Shift Rate (Staff User's compensation);

- Platform Fee (HireProStaff's service fee);

- Applicable taxes;

- Any other charges disclosed at booking;

- Prepayment is processed via secure payment gateway;

- Shift is NOT confirmed until payment successfully processes;

- Staff Users will NOT be notified of or able to accept Shifts until Prepayment is received.

RATIONALE:

- Protects Staff Users from non-payment risk;

- Ensures Business User commitment to the booking;

- Streamlines payment processing;

- Reduces disputes and cancellations;

- Enables immediate payment to Staff Users upon Shift completion.

10.3.2 Payment Processing Timeline:

- Prepayment is held in trust by HireProStaff;

- Upon successful Shift completion (check-out confirmed by both parties):

- Staff User payment is released within 24-48 hours;

- Platform Fee is retained by HireProStaff;

- Where Shift completion is disputed, payment is held pending resolution (see Section 25).

10.3.3 No Direct Payment to Staff Users:

- Business Users MUST NOT pay Staff Users directly (cash, EFT, check) for Shifts booked through the Platform;

- All payment must be processed through the Platform;

- Direct payment constitutes:

- Breach of these Terms;

- Attempt to avoid Platform Fees (fraud);

- Immediate account suspension pending investigation;

- Potential permanent deactivation;

- Legal action for recovery of Platform Fees + damages + legal costs.

10.3.4 Additional Compensation:

Where Business Users wish to provide additional compensation beyond the booked Shift Rate (e.g., tips, bonuses, appreciation):

- Such additional amounts may be provided directly to Staff Users in cash or via other means;

- Tips and bonuses are at Business User's sole discretion;

- HireProStaff does not take a percentage of tips or bonuses given outside the Platform;

- Business Users should issue documentation for substantial bonuses to aid Staff Users' tax compliance.

10.3.5 No Unilateral Payment Reduction:

- Business Users may NOT unilaterally reduce the agreed Shift Rate or Total Shift Cost;

- Payment for the full booked Shift duration is required even if:

- The Business User ends the Shift early;

- The venue is less busy than expected;

- The Business User changes their mind about needing services;

- Staff Users have committed their time and declined other opportunities; they are entitled to compensation for committed availability.

EXCEPTION: Where Staff User gross misconduct or Shift abandonment occurs, refunds may be processed per Section 16 Refund Policy.

10.3.6 Receipts and Records:

- HireProStaff provides invoices and receipts for all transactions;

- Business Users must maintain financial records for tax and accounting purposes;

- Detailed transaction history is available in Business User accounts.

10.4 Communication and Professionalism

10.4.1 Timely Communication:

- Respond promptly to Staff User messages and questions (within 24 hours);

- Provide booking confirmations and shift details promptly;

- Notify Staff Users immediately of any changes to Shift details (time, location, scope);

- Be available for communication during Shifts in case of issues or questions.

10.4.2 Respectful Communication:

- Use professional, respectful language in all communications;

- Do NOT use offensive, abusive, or threatening language;

- Do NOT harass or intimidate Staff Users;

- Communicate clearly and avoid misunderstandings.

10.4.3 Accurate Shift Descriptions:

- Provide truthful, accurate Shift descriptions;

- Do NOT misrepresent the nature of work, venue, or conditions;

- Disclose any unusual, challenging, or potentially uncomfortable aspects of the Shift;

- Update Shift descriptions if circumstances change before Shift commencement.

10.4.4 Rating and Review Honesty:

- Provide honest, fair ratings and reviews of Staff Users;

- Base ratings on actual performance, not personal biases or discrimination;

- Provide constructive feedback to help Staff Users improve;

- Do NOT use ratings or reviews as retaliation for legitimate complaints or asserting rights;

- Do NOT write false, defamatory, or malicious reviews.

10.5 Prohibited Business User Conduct

THE FOLLOWING CONDUCT BY BUSINESS USERS IS STRICTLY PROHIBITED:

10.5.1 Harassment and Discrimination:

- Sexual harassment (see Section 22);

- Discrimination based on protected characteristics;

- Bullying, intimidation, or creating hostile environments;

- Retaliation against Staff Users who report violations.

CONSEQUENCE: Immediate account suspension pending investigation → permanent deactivation for confirmed violations + potential legal action + report to appropriate authorities.

10.5.2 Unsafe Conditions:

- Knowingly exposing Staff Users to unsafe conditions without adequate safeguards;

- Failing to warn of known hazards;

- Requiring dangerous tasks without proper training/equipment;

- Inadequate safety measures or equipment.

CONSEQUENCE: Immediate account suspension pending investigation → permanent deactivation for serious violations + potential legal liability + OHSA prosecution where applicable.

10.5.3 Non-Payment or Payment Fraud:

- Disputing legitimate charges to avoid payment;

- Chargeback fraud;

- Attempting to circumvent Platform payment systems;

- Coercing Staff Users to accept direct payment;

- Refusing to pay for completed Shifts without valid grounds.

CONSEQUENCE: Immediate account suspension → payment enforcement + collection action + permanent deactivation + potential criminal prosecution for fraud.

10.5.4 Exploitation:

- Requiring work significantly beyond the Shift scope without additional compensation;

- Denying adequate breaks;

- Excessive working hours (beyond reasonable limits);

- Treating Staff Users as employees while claiming independent contractor status for own benefit.

CONSEQUENCE: Account suspension → permanent deactivation for serious exploitation + potential legal action.

10.5.5 Attempts to Directly Hire Staff Users:

Business Users may develop ongoing relationships with specific Staff Users through the Platform. However:

(a) Initial Engagements:

- First three (3) engagements between a Business User and Staff User MUST be booked through the Platform;

- This compensates HireProStaff for introduction and vetting services;

- Attempts to move off-platform before three engagements constitute breach.

(b) Subsequent Direct Arrangements:

- After three (3) Platform bookings, Business Users and Staff Users MAY enter into direct arrangements if both parties choose;

- HireProStaff does not prohibit ongoing relationships;

- However, parties remain subject to confidentiality obligations regarding Platform information (Section 29).

- Business Users MUST NOT solicit Staff Users to work directly (off-platform) immediately after meeting through the Platform;

- Business Users MUST NOT offer higher compensation to circumvent Platform Fees;

- Staff Users who report such solicitation are protected from retaliation.

CONSEQUENCE: Immediate permanent deactivation + liquidated damages equal to 10x the Platform Fees that would have been earned on the circumvented bookings + legal costs.

11. SHIFT BOOKING AND FULFILMENT PROCESS

11.1 Shift Posting by Business Users

11.1.1 Creating Shift Postings:

Business Users create Shift postings through the Platform by providing:

(a) Essential Shift Information:

- Date and time (start and end);

- Venue location with complete address;

- Type of work/position required (waiter, bartender, chef, etc.);

- Number of Staff Users needed;

- Detailed task description;

- Required skills, experience level, or certifications;

- Dress code and appearance requirements;

- Any special requirements or considerations.

(b) Rate Selection:

- Business Users select the appropriate Experience Level/Rate Level for the Shift;

- Platform displays corresponding hourly/daily rate;

- Total Shift Cost is calculated automatically (Rate × Duration + Platform Fee + taxes);

- Business Users review and confirm Total Shift Cost.

- Business Users proceed to secure payment gateway;

- Full Prepayment of Total Shift Cost is processed;

- Payment confirmation received;

- Shift posting goes live on Platform only after successful payment.

11.1.2 Shift Visibility:

Once payment is confirmed:

- Shift appears in search results for relevant Staff Users;

- Matching algorithm notifies suitable Staff Users;

- Staff Users meeting criteria can view and apply for Shift;

- Shift remains visible until filled or Business User cancels.

11.1.3 Editing Shift Details:

Before Staff User acceptance:

- Business Users may edit Shift details (time, location, description);

- Material changes may require Staff Users who already applied to re-confirm interest;

- Changes to Shift Rate require payment adjustment.

After Staff User acceptance:

- Material changes require Staff User consent;

- Minor changes should be communicated to Staff User via Platform messaging.

11.2 Shift Application and Acceptance by Staff Users

11.2.1 Applying for Shifts:

Staff Users may:

- Browse available Shifts matching their profile and availability;

- View complete Shift details before applying;

- Apply for Shifts they are qualified and available to work;

- Include brief message to Business User with application (optional).

11.2.2 Business User Selection:

Business Users review applicants and:

- View Staff User profiles, ratings, experience, and qualifications;

- Select preferred Staff User(s) for the Shift;

- Send booking confirmation through Platform.

11.2.3 Staff User Acceptance:

Selected Staff Users:

- Receive notification of selection;

- Review final Shift details and confirm acceptance;

- Upon acceptance, binding commitment is formed;

- Shift appears in Staff User's calendar/schedule.

11.2.4 Booking Confirmation:

Upon Staff User acceptance:

- Both parties receive booking confirmation with:

- Complete Shift details;

- Contact information for communication;

- Check-in/check-out instructions;

- Cancellation policy reminder;

- Venue access and parking information;

- Shift status changes to "Confirmed";

- Prepayment remains held in trust pending completion.

11.3 Pre-Shift Communication

11.3.1 Platform Messaging:

- Parties communicate through secure Platform messaging;

- Messages are logged for dispute resolution purposes;

- Parties may exchange:

- Additional Shift details or clarifications;

- Parking and access instructions;

- Uniform or equipment requirements;

- Special requests or accommodations.

11.3.2 Contact Information:

- Upon booking confirmation, parties receive each other's mobile numbers for Shift-day communication;

- Contact information is for Shift coordination only;

- Contact information must not be used for:

- Marketing or solicitation;

- Harassment;

- Off-platform bookings (within first three engagements);

- Any purpose unrelated to the confirmed Shift.

11.3.3 Reminder Notifications:

- Automated reminders sent 24 hours and 2 hours before Shift start;

- Reminders include Shift details and check-in instructions;

- Staff Users should confirm receipt and readiness.

11.4 Shift Check-In and Execution

11.4.1 Check-In Process:

Upon arrival at venue, Staff Users must:

- Check in through Platform app at Shift start time (or up to 15 minutes early);

- GPS location verification confirms presence at venue;

- Check-in time is recorded for payment calculation;

- Business User receives notification of check-in;

- Failure to check in may delay payment or require manual verification.

11.4.2 During the Shift:

Staff Users:

- Perform all assigned tasks with professionalism and competence;

- Follow Business User instructions and venue policies;

- Communicate promptly about any issues or concerns;

- Maintain professional conduct throughout Shift;

- Take authorized breaks as agreed.

Business Users:

- Supervise and direct Staff Users as needed;

- Provide necessary support, equipment, and resources;

- Ensure safe working conditions;

- Address any performance issues promptly and professionally;

- Treat Staff Users with respect and dignity.

11.4.3 Incident Reporting:

If incidents occur during Shift:

- Report immediately to Business User/Staff User (as applicable);

- Document incident with photos/details if safe to do so;

- Report serious incidents (injuries, harassment, theft) to HireProStaff within 24 hours: incidents@hireprostaff.co.za;

- Complete incident report form if required;

- Cooperate with investigations.

11.5 Shift Check-Out and Completion

11.5.1 Check-Out Process:

At Shift end, Staff Users must:

- Check out through Platform app at actual Shift end time;

- GPS location verification confirms presence at venue;

- Check-out time is recorded for payment calculation;

- Business User receives notification of check-out.

11.5.2 Mutual Confirmation:

Both parties confirm:

- Shift was completed satisfactorily;

- Agreed hours were worked;

- No disputes exist regarding performance or completion;

- Confirmation triggers payment release to Staff User.

11.5.3 Dispute Flags:

If either party disputes completion:

- Flag the Shift as "Disputed" through Platform;

- Provide brief explanation of dispute;

- Payment is held pending dispute resolution (Section 25);

- Dispute resolution process is initiated.

11.6 Post-Shift Ratings and Reviews

11.6.1 Mutual Rating System:

Within 48 hours of Shift completion, both parties should:

- Rate each other on 5-star scale;

- Optionally provide written review;

- Ratings consider:

- For Staff Users: Professionalism, skill, punctuality, attitude, reliability;

- For Business Users: Clear communication, safe environment, fair treatment, timely payment.

11.6.2 Rating Integrity:

- Ratings must be honest, fair, and based on actual experience;

- Do NOT use ratings for retaliation or discrimination;

- Do NOT submit false or misleading reviews;

- Do NOT manipulate or game the rating system;

- HireProStaff reserves right to remove fraudulent or abusive reviews.

11.6.3 Impact of Ratings:

- Ratings affect search visibility and booking likelihood;

- Consistently low-rated Users may be subject to review and potential deactivation;

- High ratings enhance credibility and booking opportunities;

- Ratings are visible to all Platform users.

12. VETTING AND BACKGROUND VERIFICATION

12.1 Purpose and Scope of Vetting

12.1.1 Safety and Quality Assurance:

HireProStaff conducts comprehensive vetting to:

- Protect all Platform users from harm;

- Ensure Staff User competence and suitability;

- Verify accuracy of information provided;

- Maintain Platform integrity and reputation;

- Comply with legal due diligence obligations;

- Enable informed booking decisions.

12.1.2 Mandatory for Staff Users:

All Staff Users must successfully complete vetting before:

- Account activation;

- Appearing in search results;

- Being bookable by Business Users.

Registration does not guarantee successful vetting.

12.1.3 Voluntary for Business Users:

Business Users may be subject to verification of:

- Business registration and licenses;

- Tax compliance status;

- Insurance coverage;

- Payment method validity.

12.2 Identity Verification

12.2.1 South African ID Document Verification:

For South African Citizens:

- Upload clear, legible copy of South African ID (green bar-coded book or smart card);

- Verification checks:

- Authenticity (not forged or altered);

- Validity (not expired, not cancelled);

- Match with applicant details (name, date of birth, photo);

- Automated verification through Department of Home Affairs systems where available;

- Manual verification by trained staff where automated systems unavailable.

12.2.2 Work Permit/Visa Verification:

For Foreign Nationals:

- Upload clear, legible copy of valid work permit or visa;

- Upload passport identification page;

- Verification checks:

- Permit validity and expiration date;

- Permit type authorizes independent contractor work in hospitality sector;

- Permit has not been revoked or cancelled;

- Passport validity;

- Verification through Department of Home Affairs systems where possible;

- Applicants must provide updated documentation before permit expiration.

12.2.3 Biometric Verification (Where Applicable):

HireProStaff may require:

- Video verification call to confirm identity and liveness;

- Facial recognition matching photo ID to live face;

- Additional biometric verification for high-risk roles or situations.

12.3 Criminal Background Checks

[Comprehensive criminal background check provisions covered in Section 7.3]

Summary:

- Conducted exclusively through SAPS AFIS fingerprinting;

- Requires separate written consent;

- Processing time: 5-15 business days;

- Results determine eligibility;

- Adverse findings trigger pre-adverse action process (opportunity to dispute/explain);

- Undisclosed convictions or dishonesty result in immediate denial/deactivation.

12.4 Reference and Work History Verification

12.4.1 Reference Checks:

Staff Users must provide:

- Minimum two (2) professional references from hospitality industry;

- References must be from supervisors, managers, or business owners (not peers or subordinates);

- References should be recent (within last 2 years preferred);

- Reference contact information must be accurate and current.

HireProStaff contacts references to verify:

- Dates of employment/engagement;

- Positions held and responsibilities;

- Performance quality and reliability;

- Punctuality and professionalism;

- Reason for separation;

- Eligibility for rehire;

- Any disciplinary issues or concerns.

12.4.2 Employment History Verification:

Where Staff Users claim specific employment history:

- HireProStaff may contact previous employers directly;

- Verify dates, positions, and responsibilities;

- Confirm employment is legitimate and accurately represented;

- Investigate gaps or inconsistencies.

12.4.3 Qualification and Certification Verification:

Where Staff Users claim qualifications or certifications:

- Upload copies of certificates, diplomas, or licenses;

- HireProStaff verifies authenticity with issuing institutions;

- Fake or fraudulent credentials result in immediate denial/deactivation;

- Professional licenses (e.g., sommelier certification) verified with issuing bodies.

12.5 Skills Assessment

12.5.1 Experience-Based Assessment:

HireProStaff assigns Experience Levels based on holistic assessment:

- Years of relevant hospitality experience;

- Types of venues worked (casual, fine dining, hotels, events);

- Positions held (junior, senior, supervisory);

- Formal qualifications and certifications;

- Reference quality and feedback;

- Demonstrated competencies.

12.5.2 Skills Testing (Where Applicable):

For certain specialized roles, HireProStaff may require:

- Online skills assessments or quizzes;

- Practical demonstrations or trials;

- Portfolio reviews;

- Video interviews assessing competence.

12.5.3 Rate Level Assignment:

Based on comprehensive assessment, Staff Users are assigned to a Rate Level:

- Entry Level: Limited experience, basic roles;

- Intermediate Level: Moderate experience, standard roles;

- Advanced Level: Extensive experience, specialized skills;

- Expert Level: Highly experienced, leadership or niche expertise.

Rate Levels determine hourly rates and types of Shifts available.

12.6 Social Media and Online Presence Screening

[Covered in Section 7.3.5]

Summary:

- Review of publicly available social media profiles;

- Assessment of professionalism, red flags, and suitability;

- Requires separate consent due to special personal information risks;

- Not used for discriminatory purposes;

- Used to identify:

- Violent or threatening behavior;

- Discriminatory or hateful conduct;

- Dishonesty or misrepresentation;

- Unprofessional behavior;

- Positive attributes and community involvement.

12.7 Ongoing Monitoring and Re-Verification

12.7.1 Continuous Vetting:

Vetting is not a one-time process:

- HireProStaff monitors User conduct on Platform;

- Ratings and reviews inform ongoing assessment;

- Complaints or incident reports trigger investigations;

- Negative patterns may result in re-vetting or deactivation.

12.7.2 Periodic Re-Verification:

Staff Users may be required to undergo re-verification:

- Annually for high-volume or high-risk Users;

- Every 2 years for standard Users;

- Upon significant Platform changes or policy updates;

- If concerns arise about User suitability.

Re-verification may include:

- Updated criminal background checks;

- Fresh references;

- Updated documentation (ID, permits, qualifications);

- Account suspension until re-verification complete.

12.7.3 Document Expiration Monitoring:

HireProStaff monitors expiration dates of:

- Work permits and visas;

- Health certificates;

- Professional licenses;

- Insurance policies (Business Users).

Users are notified 30-60 days before expiration and must provide updated documentation promptly. Failure to update may result in account suspension.

12.8 Vetting Outcomes

12.8.1 Successful Vetting:

Upon successful completion:

- Account is activated;

- Staff User appears in search results;

- "Verified" badge displayed on profile;

- User may begin accepting/posting Shifts.

12.8.2 Conditional Approval:

In some cases, conditional approval may be granted:

- Pending receipt of additional documentation;

- Subject to successful completion of first Shift(s) with monitoring;

- Limited access until conditions satisfied.

12.8.3 Vetting Denial:

Vetting may be denied for:

- Failure to provide required documentation;

- Provision of false or misleading information;

- Adverse criminal background check results;

- Negative references or work history;

- Failure of skills assessment;

- Any other reasonable grounds related to User suitability.

Denial results in:

- Registration application rejection; OR

- Account deactivation (if vetting performed post-activation);

- No appeal process;

- No refunds of any application or vetting fees paid.

HireProStaff is not required to provide detailed reasons for denial.

12.8.4 Right to Re-Apply:

Denied applicants may re-apply after:

- Minimum 6 months;

- Circumstances that led to denial have changed;

- New documentation or information can be provided;

- HireProStaff discretion to accept or reject re-application.

PART E: FINANCIAL TERMS

13. FEE STRUCTURE AND PAYMENT TERMS

13.1 Platform Fee Structure

13.1.1 Platform Fee Charged to Business Users:

HireProStaff charges Business Users a Platform Fee for facilitating connections and providing platform services.

Standard Platform Fee:

- 15% of the Shift Rate (Staff User's compensation);

- Calculated on base Shift Rate only (excluding add-ons or tips);

- Included in Total Shift Cost displayed at booking;

- Non-refundable except as specified in Refund Policy (Section 16).

Example Calculation:

- Shift Rate: R150/hour

- Shift Duration: 8 hours

- Base Shift Cost: R150 × 8 = R1,200

- Platform Fee (15%): R1,200 × 0.15 = R180

- Subtotal: R1,200 + R180 = R1,380

- VAT (15%): R1,380 × 0.15 = R207

- Total Shift Cost: R1,587

13.1.2 Premium Business User Accounts:

Business Users may subscribe to premium accounts with reduced Platform Fees:

|--------------|---------------------|--------------|----------|

| Basic (Free) | R0 | 15% | Standard access |

Subscription fees are billed monthly in advance and are non-refundable.

13.1.3 No Fees Charged to Staff Users:

- Staff Users are NOT charged Platform Fees or subscription fees;

- Staff Users receive 100% of the agreed Shift Rate;

- This ensures Staff Users are not economically burdened by Platform use.

13.1.4 Payment Processing Fees:

- Payment gateway fees (charged by payment processor, not HireProStaff) may apply;

- Typical payment processing fees: 2.5-3.5% of transaction value;

- These fees are included in the Total Shift Cost calculation;

- Business Users bear payment processing fees.

13.1.5 Currency:

- All transactions are in South African Rand (ZAR);

- No foreign currency transactions accepted;

- International payments must be converted to ZAR by payer's bank.

13.2 Prepayment Requirements

13.2.1 Mandatory Prepayment Before Shift Posting:

CRITICAL REQUIREMENT:

Business Users MUST pay the full Total Shift Cost BEFORE a Shift booking is confirmed and posted on the Platform.

Prepayment includes:

- Shift Rate (Staff User compensation);

- Platform Fee;

- Payment processing fees;

- VAT (15% on Platform Fee and processing fees);

- Any applicable surcharges.

Why Prepayment?

- Protects Staff Users from non-payment risk;

- Ensures Business User commitment to booking;

- Enables immediate payment to Staff Users upon completion;

- Reduces disputes and last-minute cancellations;

- Industry best practice for gig economy platforms.

13.2.2 Trust Account Holding:

- Prepayments are held in a secure, separate trust account;

- Funds are NOT commingled with HireProStaff's operating funds;

- Trust account complies with all applicable financial services regulations;

- Funds are held until Shift completion or cancellation.

13.2.3 Payment Methods Accepted:

- Credit cards (Visa, Mastercard);

- Debit cards;

- Instant EFT (Electronic Funds Transfer);

- SnapScan, Zapper (where available);

- Other payment methods as enabled through Paystack payment gateway.

13.2.4 Payment Security:

- All payments processed through PCI-DSS compliant payment gateway (Paystack);

- HireProStaff does NOT store credit card information;

- All payment data is encrypted in transit and at rest;

- 3D Secure authentication required for card transactions.

13.2.5 Payment Confirmation:

Upon successful payment:

- Business User receives payment confirmation via email and Platform notification;

- Shift is posted to Platform and becomes visible to eligible Staff Users;

- Transaction receipt and invoice are generated and available in account.

13.2.6 Payment Failures:

If payment fails:

- Shift is NOT posted to Platform;

- Business User is notified of payment failure and reason;

- Business User may retry payment or use alternative payment method;

- No Shift confirmation occurs until successful payment.

13.3 Payment to Staff Users

13.3.1 Payment Trigger:

Payment to Staff Users is released when:

- Shift is completed (both parties check in and check out);

- No disputes are flagged by either party within 24 hours of completion;

- Business User confirms satisfactory completion (or 48-hour auto-confirmation period expires).

13.3.2 Payment Timeline:

- Payment is released to Staff Users within 24-48 hours of Shift completion;

- Funds are transferred via EFT to Staff User's registered bank account;

- Payment notification sent via email and SMS;

- Payment typically reflects in Staff User's account within 1-2 business days (depending on bank processing).

13.3.3 Payment Amount:

Staff Users receive:

- 100% of the agreed Shift Rate for hours worked;

- No deductions except:

- Bank transfer fees (typically R0-R5);

- Withholding for disputed amounts (pending resolution).

13.3.4 Payment Disputes:

Where completion is disputed:

- Payment is held in trust pending dispute resolution;

- Dispute resolution process (Section 25) is initiated;

- Payment is released in accordance with resolution outcome;

- Partial payments may be made where partial completion is confirmed.

13.3.5 Banking Details Accuracy:

- Staff Users are solely responsible for providing accurate banking details;

- HireProStaff is not liable for losses due to incorrect banking information;

- Payments to incorrect accounts due to Staff User error cannot be reversed;

- Staff Users must verify and update banking details regularly.

13.3.6 Payment Records:

- Detailed payment history available in Staff User accounts;

- Tax documentation (IT3(a) certificates) provided annually;

- Downloadable invoices and payment receipts available;

- Records maintained for 5 years per tax legislation.

14. RATE SETTING AND MINIMUM WAGE COMPLIANCE

14.1 Experience-Based Rate Setting by HireProStaff

14.1.1 HireProStaff Rate Setting Function:

IMPORTANT CLARIFICATION:

HireProStaff sets hourly/daily rates for Staff Users based on their verified Experience Level, NOT Staff Users setting their own rates.

Rationale:

- Ensures compliance with National Minimum Wage Act and Sectoral Determination 14;

- Maintains quality standards and market consistency;

- Prevents exploitation and undercutting;

- Enables efficient marketplace operation;

- Protects both Business Users and Staff Users from market abuse;

- Reduces negotiation friction and transaction costs.

14.1.2 Rate Level Framework:

HireProStaff assigns Staff Users to Rate Levels based on:

|------------------|--------------------|--------------------|---------------|

Rates are subject to periodic review and adjustment for inflation and market conditions.

14.1.3 Rate Assignment Process:

During registration and vetting, HireProStaff:

- Reviews Staff User's work history and experience;

- Verifies qualifications and certifications;

- Assesses references and recommendations;

- Evaluates skills demonstrations or portfolios;

- Assigns appropriate Rate Level based on holistic assessment;

- Clearly communicates assigned rate to Staff User.

14.1.4 Rate Progression:

Staff Users may progress to higher Rate Levels through:

- Gaining additional experience and years of service;

- Obtaining advanced qualifications or certifications;

- Consistently high performance ratings (4.5+ stars);

- Demonstrating exceptional skills or specializations;

- Periodic performance reviews by HireProStaff.

Rate Level increases are at HireProStaff's discretion and are not guaranteed.

14.1.5 Rate Transparency:

- Staff Users' assigned rates are clearly displayed in their accounts and profiles;

- Business Users see Staff Users' rates when booking;

- No hidden fees or rate surprises;

- Rate adjustments are communicated with 30 days notice.

14.2 Flexibility for Lower-Level Shifts

14.2.1 Accepting Below-Rate Shifts:

Staff Users MAY accept Shifts with rates BELOW their assigned Rate Level at their sole discretion.

Permitted:

- Expert-level Staff User accepting Intermediate-level Shift;

- Advanced-level Staff User accepting Entry-level Shift;

- Any downward flexibility Staff User chooses.

Rationale:

- Allows Staff Users to fill schedule gaps;

- Enables gaining experience in new areas;

- Maximizes income during slow periods;

- Builds relationships with new Business Users;

- Provides flexibility for Staff Users.

Important: Accepting lower-rate Shifts does NOT reduce the Staff User's assigned Rate Level for future bookings.

14.2.2 Prohibited: Accepting Above-Rate Shifts:

Staff Users MAY NOT accept Shifts with rates ABOVE their assigned Rate Level unless they have been formally promoted to that higher Experience Level by HireProStaff.

Prohibited:

- Entry-level Staff User accepting Advanced-level Shift;

- Intermediate-level Staff User accepting Expert-level Shift;

- Any upward shift beyond assigned level.

Rationale:

- Ensures Business Users receive the quality and experience they pay for;

- Maintains Platform integrity and user expectations;

- Prevents inexperienced Staff Users from taking on roles beyond their capabilities;

- Protects Staff Users from being placed in situations they cannot handle;

- Ensures safe, competent service delivery.

Platform Enforcement: The Platform automatically prevents Staff Users from applying for Shifts above their Rate Level.

14.3 Minimum Wage Compliance

14.3.1 National Minimum Wage Adherence:

ALL rates set by HireProStaff meet or exceed:

- National Minimum Wage as prescribed by the National Minimum Wage Act 9 of 2018;

- Current national minimum wage: [R27.58 per hour as of March 2024 - to be updated];

- Adjusted annually on 1 March.

14.3.2 Sectoral Determination 14 Compliance:

Hospitality sector rates comply with Sectoral Determination 14: Hospitality Sector, which may prescribe higher minimum wages than the national minimum for specific categories:

- Area A (major metros): Higher rates apply;

- Area B (secondary cities): Standard rates apply;

- Area C (towns and rural): Lower rates may apply but not below national minimum.

HireProStaff's rates are set to comply with the HIGHEST applicable minimum (national vs. sectoral).

14.3.3 Living Wage Commitment:

HireProStaff is committed to facilitating fair compensation:

- All rates significantly exceed minimum wage thresholds;

- Entry-level rates start at 80%+ above national minimum wage;

- Rates reflect market realities and living costs, particularly in major metros like Cape Town and Johannesburg;

- Annual rate reviews ensure competitiveness and fairness.

14.3.4 Prohibition on Below-Minimum-Wage Arrangements:

- No Shift may be posted with rates below applicable minimum wage;

- Platform automatically rejects such postings;

- Any attempt to circumvent minimum wage (e.g., side agreements for lower pay) is strictly prohibited and constitutes a violation of these Terms and South African labour law;

- Violations will result in immediate account deactivation and potential legal action.

15. TAX AND STATUTORY OBLIGATIONS

15.1 Staff User Tax Obligations

15.1.1 Independent Contractor Tax Status:

As independent contractors, Staff Users are responsible for:

(a) Income Tax:

- Registering as taxpayers with SARS;

- Declaring ALL income (from HireProStaff and other sources);

- Submitting annual tax returns (ITR12);

- Paying income tax on net taxable income per applicable tax tables;

- Making provisional tax payments if required (annual income >R1 million or other criteria).

(b) VAT Registration (If Applicable):

- Registering for VAT if annual taxable supplies exceed R1 million;

- Charging VAT on services if registered;

- Submitting bi-monthly VAT returns;

- Paying VAT to SARS.

- HireProStaff does NOT deduct Pay-As-You-Earn (PAYE) income tax from Staff User payments;

- Staff Users receive gross amounts and must set aside funds for tax payments;

- Staff Users should estimate 20-40% of income for tax obligations (depending on total income and deductions).

(d) No UIF or SDL:

- HireProStaff does NOT deduct or contribute to:

- Unemployment Insurance Fund (UIF);

- Skills Development Levy (SDL);

- Independent contractors are not covered by UIF;

- Staff Users may voluntarily contribute to private income protection or unemployment insurance.

15.1.2 Tax Documentation Provided by HireProStaff:

HireProStaff provides Staff Users with:

(a) IT3(a) Certificates (Annual):

- Certificate of income earned through Platform during tax year (March-February);

- Issued by August 31 each year for previous tax year;

- Shows total payments received;

- Does NOT show tax withheld (as none is withheld);

- Must be included with annual tax return.

(b) Monthly Payment Statements:

- Detailed breakdown of Shifts worked and income earned;

- Available for download in Staff User account;

- Useful for provisional tax calculations and record-keeping.

- Comprehensive transaction history for auditing and tax purposes;

- Downloadable in CSV or PDF format;

- Maintained for 5 years.

15.1.3 Deductible Business Expenses:

Staff Users may deduct legitimate business expenses from taxable income:

Common Deductible Expenses:

- Transportation to/from Shifts (mileage or actual costs);

- Professional attire and uniforms;

- Professional tools and equipment;

- Professional development (courses, certifications);

- Mobile phone and data costs (proportionate business use);

- Insurance premiums (professional indemnity, etc.);

- Home office expenses (if applicable);

- Accounting and tax preparation fees.

Record-Keeping:

- Keep detailed records of all business expenses;

- Retain receipts and invoices for 5 years;

- Use expense tracking apps or spreadsheets;

- Separate business and personal expenses;

- Consult tax professional for advice on deductibility.

15.1.4 Tax Compliance Assistance:

- HireProStaff provides educational resources on tax obligations;

- Tax compliance webinars and guides available;

- Links to SARS resources and tools;

- Recommendations for reputable tax professionals;

- HireProStaff does NOT provide tax advice; Staff Users should consult qualified tax professionals.

15.1.5 Consequences of Tax Non-Compliance:

- Staff Users are solely liable for tax obligations;

- Failure to register, declare income, or pay taxes may result in:

- SARS penalties and interest;

- Administrative penalties;

- Criminal prosecution for tax evasion;

- Garnishment of bank accounts or assets;

- HireProStaff is not liable for Staff Users' tax non-compliance;

- SARS may request transaction information from HireProStaff, which HireProStaff must provide per legal obligation.

15.2 Business User Tax Obligations

15.2.1 Business Expense Deduction:

Shift costs paid through Platform are deductible business expenses for Business Users:

- Deduct Total Shift Cost (including Platform Fee) as "Contract Labour" or "Independent Contractor Fees";

- Retain invoices and receipts provided by HireProStaff;

- Maintain proper accounting records.

15.2.2 VAT Input Tax:

VAT-registered Business Users may claim input tax on:

- Platform Fees (VAT is charged on Platform Fees);

- Shift Rates (if Staff User is VAT-registered and charges VAT);

- Payment processing fees (VAT-inclusive).

HireProStaff invoices clearly separate VAT amounts for input tax claims.

15.2.3 No PAYE or SDL Obligations:

Business Users do NOT have PAYE or SDL obligations for Platform-booked Staff Users:

- Staff Users are independent contractors, not employees;

- Business Users do NOT withhold or remit PAYE;

- Business Users do NOT pay SDL or UIF on behalf of Staff Users;

- Business Users do NOT provide IRP5 certificates to Staff Users (HireProStaff provides IT3(a)).

15.2.4 Reporting to SARS:

Business Users should:

- Report independent contractor payments if total annual payments to a single contractor exceed R100,000 (SARS reporting threshold);

- Maintain records of all contractor payments for 5 years;

- Provide information to SARS upon request.

15.2.5 Tax Compliance Certificates:

Business Users may be required to provide tax compliance status (TCS) certificates:

- When booking high-value or long-term arrangements;

- For verification purposes;

- To comply with certain Business User obligations.

15.3 HireProStaff Tax Compliance

15.3.1 VAT Registration:

HireProStaff is registered for VAT:

- VAT number: [to be inserted];

- Charges 15% VAT on Platform Fees and services;

- Issues VAT-compliant tax invoices;

- Submits bi-monthly VAT returns to SARS.

15.3.2 Tax Information Reporting:

HireProStaff complies with all SARS reporting requirements:

- Reports payments to Staff Users as required;

- Provides information to SARS upon lawful request;

- Cooperates with tax audits and investigations;

- Issues compliant IT3(a) certificates to Staff Users.

15.3.3 Financial Services Compliance:

HireProStaff complies with:

- Financial Intelligence Centre Act (FICA) for anti-money laundering;

- Prevention of Organised Crime Act (POCA);

- All applicable financial services regulations.

16. REFUND POLICY

16.1 Refund Principles

16.1.1 General Principle:

Refunds are processed on a case-by-case basis following thorough investigation of the circumstances. HireProStaff's Refund Policy aims to balance fairness to both Business Users and Staff Users while maintaining Platform integrity.

16.1.2 Platform Fee Non-Refundability:

The Platform Fee component of Total Shift Cost is generally non-refundable as it compensates HireProStaff for:

- Platform technology and infrastructure provision;

- Vetting and verification services;

- Payment processing facilitation;

- Customer support and dispute resolution;

- Administrative costs incurred regardless of Shift completion.

EXCEPTION: Platform Fees may be refunded in cases of HireProStaff error or system failure.

16.2 Full Refund Scenarios

Business Users are entitled to FULL REFUND of the Total Shift Cost (including Shift Rate and Platform Fee) in the following circumstances:

16.2.1 Staff User No-Show:

Where the Staff User:

- Fails to attend the Shift without cancellation notice;

- Does not check in at Shift start time;

- Cannot be contacted and does not respond to communications;

- Has not provided any valid explanation within 24 hours of scheduled Shift start.

Refund Process:

- Business User reports no-show through Platform within 24 hours;

- HireProStaff contacts Staff User for explanation;

- If no valid excuse (genuine emergency) is provided within 48 hours, full refund is processed;

- Refund credited to Business User's original payment method within 5-7 business days;

- Staff User faces disciplinary action per Section 9.5.5(c).

16.2.2 Gross Misconduct by Staff User:

Where the Staff User engages in gross misconduct during the Shift, including:

- Theft or dishonesty;

- Violence, threats, or intimidation;

- Sexual harassment or assault;

- Being intoxicated or under the influence of drugs;

- Gross negligence causing significant damage or harm;

- Refusal to work or abandonment of Shift;

- Other conduct so serious it justifies immediate Shift termination.

Refund Process:

- Business User immediately terminates Shift and reports incident through Platform;

- Provide detailed description and evidence (witness statements, photos, police reports where applicable);

- HireProStaff investigates within 48-72 hours;

- If gross misconduct is substantiated, full refund is processed;

- Staff User is immediately deactivated;

- Criminal matters are reported to police.

Prorated Refund: Where gross misconduct occurs partway through Shift, refund is prorated (refund for unworked portion + full Platform Fee refund).

16.2.3 Staff User Incompetence or Misrepresentation:

Where the Staff User:

- Grossly misrepresented their qualifications, skills, or experience;

- Is completely unable to perform the basic tasks required;

- Lacks fundamental competence for the role (e.g., experienced chef who cannot cook, bartender who doesn't know how to mix drinks);

- Created serious safety hazards due to incompetence.

Refund Process:

- Business User must report during or immediately after Shift (within 12 hours);

- Provide specific examples of incompetence with evidence;

- HireProStaff investigates including Staff User interview;

- If material misrepresentation or incompetence is confirmed, full or partial refund is processed;

- Staff User's Rate Level may be downgraded or account deactivated.

Important: Normal performance variations or Business User dissatisfaction with subjective work quality do NOT qualify for refunds. Refunds are for GROSS incompetence only.

16.2.4 HireProStaff Error or System Failure:

Where refund is due to HireProStaff's error:

- Double-booking or system error preventing Shift fulfillment;

- Incorrectly vetted Staff User (e.g., inaccurate criminal check);

- Platform system failure preventing Shift coordination;

- Payment processing errors;

- Other HireProStaff operational failures.

Refund Process:

- Full refund including Platform Fee;

- Processed immediately upon error confirmation;

- Apology and goodwill credit may be provided.

16.3 Partial Refund Scenarios

16.3.1 Shift Partially Completed:

Where Shift is started but not fully completed due to:

- Staff User leaving early (without valid excuse);

- Business User ending Shift early (for valid performance reasons, not mere preference);

- Mutual agreement to end Shift early;

- Incident or emergency requiring early termination.

Refund Calculation:

- Business User receives refund for UNWORKED hours;

- Staff User receives payment for WORKED hours;

- Platform Fee is proportionately allocated or retained by HireProStaff;

- Example: 8-hour Shift, Staff User worked 5 hours then left without excuse:

- Staff User paid for 5 hours;

- Business User refunded for 3 hours;

- Platform Fee retained by HireProStaff.

16.3.2 Performance Issues (Not Gross Misconduct):

Where Staff User's performance is substandard but not grossly incompetent:

- Late arrival (30+ minutes);

- Lackluster attitude or effort;

- Minor mistakes or inefficiency;

- Failure to meet all expectations but still providing some value.

Refund Process:

- Partial refund (typically 10-25% of Shift Rate) may be offered at HireProStaff's discretion;

- Platform Fee retained;

- Staff User receives reduced payment;

- Poor performance rating impacts future bookings.

16.4 No Refund Scenarios

Business Users are NOT entitled to refunds in the following circumstances:

16.4.1 Business User Cancellation:

- Business User decides to cancel Shift after Staff User has accepted;

- Applies regardless of cancellation timing;

- See Section 17 (Cancellation Policy) for applicable cancellation fees;

- No refunds for Business User-initiated cancellations; only partial credits where provided per Cancellation Policy.

16.4.2 Subjective Dissatisfaction:

- Business User is dissatisfied with Staff User's personality or style (but performance is adequate);

- Business User's expectations were unreasonable or not communicated;

- Minor performance issues that do not rise to incompetence;

- Preference for a different Staff User;

- "Chemistry" or personal preference issues.

16.4.3 Events Beyond Control:

- Weather events (unless severe and dangerous);

- Power outages or other venue issues (not related to Staff User);

- Low customer turnout or slow business;

- Business User's decision to close or cancel event;

- Government-mandated closures or restrictions.

Important: These scenarios may trigger Cancellation Policy provisions but NOT refunds.

16.4.4 Changes of Mind:

- Business User no longer needs services;

- Found alternative staffing;

- Financial constraints or budget changes;

- Any other change of circumstances on Business User's part.

16.5 Refund Request and Processing

16.5.1 How to Request Refund:

- Submit refund request through Platform within:

- 24 hours for no-shows;

- 12 hours for gross misconduct or incompetence;

- 48 hours for partial completion or performance issues;

- Provide detailed explanation with supporting evidence;

- Include:

- Photos or videos (where relevant and safe to obtain);

- Witness statements;

- Police reports (for criminal conduct);

- Specific examples and timeline;

- Email: refunds@hireprostaff.co.za with "Refund Request - [Booking ID]" subject line.

16.5.2 Investigation Process:

- HireProStaff reviews refund request within 48-72 business hours;

- Both parties are contacted for statements;

- Evidence is evaluated;

- Decision is made based on facts, evidence, and these Terms;

- Both parties are notified of decision;

- Decisions are final (but may be appealed per Section 25 dispute resolution if substantial new evidence emerges).

16.5.3 Refund Processing Timeline:

Upon refund approval:

- Refund processed to original payment method within 5-7 business days;

- Bank processing may add additional 2-5 business days;

- Refund confirmation sent via email;

- Transaction history updated in Business User account.

16.5.4 Abuse of Refund Requests:

- Fraudulent or abusive refund requests may result in:

- Account suspension or deactivation;

- Legal action for fraud;

- Banning from Platform;

- Examples of abuse:

- False allegations of misconduct;

- Exaggerated or fabricated complaints to avoid payment;

- Repeated refund requests without merit;

- Collusion with Staff Users to defraud Platform.

17. CANCELLATION POLICY

17.1 Cancellation by Staff Users

17.1.1 Right to Cancel:

Staff Users have the right to cancel accepted Shifts, subject to notice requirements and consequences outlined in Section 9.5.

17.1.2 No Cancellation Fees for Staff Users:

- Staff Users do NOT pay cancellation fees;

- Consequences are reputational (ratings, warnings, suspensions) rather than financial;

- See Section 9.5.5 for detailed consequences.

17.1.3 Refund to Business User:

When Staff User cancels with adequate notice (12+ hours) or genuine emergency:

- Business User receives full refund of Total Shift Cost;

- Refund processed within 3-5 business days;

- Business User may rebook Shift with another Staff User.

17.2 Cancellation by Business Users

17.2.1 Right to Cancel:

Business Users have the right to cancel confirmed Shifts, but cancellation fees apply to compensate for disruption to Staff Users who have committed their time.

17.2.2 Cancellation Fee Structure:

Cancellation fees are calculated based on timing of cancellation relative to scheduled Shift start:

|---------------------|------------------|-------------------------|--------------|-------------------------|

Platform Fee: In all cancellation scenarios, the Platform Fee is retained by HireProStaff (non-refundable) as services have been provided (vetting, matching, booking coordination, payment processing, cancellation administration).

17.2.3 Rationale for Cancellation Fees:

Cancellation fees exist to:

- Compensate Staff Users for committed time and declined alternative opportunities;

- Discourage frivolous or last-minute cancellations;

- Protect Staff User income stability;

- Maintain Platform reliability and trust;

- Cover Platform administrative costs.

Important: Cancellation fees are NOT penalties but rather compensation for losses suffered by Staff Users and Platform costs incurred.

17.2.4 How to Cancel:

- Cancel through Platform's cancellation function;

- Select cancellation reason from dropdown;

- Provide brief explanation (required);

- Confirm understanding of applicable cancellation fee;

- Cancellation is immediate upon confirmation;

- Staff User is notified immediately;

- Cancellation fee and refund (if applicable) are processed within 3-5 business days.

17.2.5 Cancellation Due to Emergency or Force Majeure:

Where cancellation is due to genuine emergency or force majeure events beyond Business User's reasonable control:

- Natural disasters (floods, fires, earthquakes);

- Government-mandated closures or restrictions;

- Serious venue emergencies (building damage, utilities failure);

- Death or serious illness of Business User or immediate family;

- Other unavoidable circumstances;

Reduced or Waived Cancellation Fees:

- Business User should immediately contact HireProStaff: cancellations@hireprostaff.co.za;

- Explain emergency circumstances with supporting documentation;

- HireProStaff may reduce or waive cancellation fees at its sole discretion;

- Staff User still receives compensation (typically 25-50% depending on notice);

- Platform Fee may be refunded or credited in genuine emergency situations.

NOTE: The following are NOT considered emergencies:

- Business being slower than expected;

- Financial difficulties;

- Finding alternative staffing;

- Changes of mind or preference;

- Weather that does not prevent venue operation.

17.3 Mutual Cancellation

17.3.1 Agreement to Cancel:

Where both Staff User and Business User mutually agree to cancel:

- Either party initiates cancellation;

- Other party confirms mutual agreement;

- No cancellation fees apply;

- Full refund (including Platform Fee) issued to Business User;

- No negative consequences for either party.

Mutual cancellation is appropriate where:

- Circumstances change affecting both parties;

- Alternative arrangements are made outside Platform (subject to Section 10.5.5 restrictions);

- Shift is no longer needed or feasible for both parties.

17.3.2 Process:

- Initiating party requests mutual cancellation through Platform messaging;

- Other party confirms agreement within 24 hours;

- Both parties confirm through cancellation function;

- Refund processed within 3-5 business days.

17.4 Cancellation Due to Policy Violations

17.4.1 HireProStaff-Initiated Cancellation:

HireProStaff may cancel Shifts where:

- User violates these Terms;

- Fraudulent booking is suspected;

- Safety concerns arise;

- Account is suspended or deactivated;

- System error requires cancellation.

17.4.2 Refunds in Violation Scenarios:

- If Business User violated Terms: No refund; full payment to Staff User + Platform Fee retained.

- If Staff User violated Terms: Full refund to Business User; Staff User receives no payment.

- If HireProStaff error: Full refund including Platform Fee to Business User; compensation to Staff User at HireProStaff's discretion.

17.5 Weather-Related Cancellations

17.5.1 General Principle:

Normal weather conditions (rain, heat, cold) do NOT justify cancellation without fees. South Africans are accustomed to variable weather.

17.5.2 Severe Weather Exception:

Cancellation fees may be waived or reduced for:

- Extreme weather warnings (red-level warnings from SAWS);

- Floods, storms, or conditions making travel dangerous;

- Government warnings to avoid travel;

- Venue closure due to weather damage.

17.5.3 Process:

- Business User contacts HireProStaff immediately: emergencies@hireprostaff.co.za;

- Provide evidence of severe weather (SAWS warnings, news reports, photos);

- HireProStaff assesses and determines appropriate cancellation fee adjustment;

- Staff User receives at least 25% compensation unless they agree to waive;

- Decision is made case-by-case.

17.6 Repeat Cancellations

17.6.1 Pattern of Cancellations:

Business Users who repeatedly cancel Shifts may be:

- Required to pre-pay higher Prepayments (e.g., 125% of Shift Cost, with excess refunded upon completion);

- Subject to account review and potential restrictions;

- Required to provide documented reasons for cancellations;

- Suspended or deactivated for chronic unreliability.

Thresholds:

- 3+ cancellations within 30 days triggers review;

- 5+ cancellations within 90 days may result in account restrictions;

- 10+ cancellations within 180 days may result in deactivation.

Exceptions: Legitimate, documented emergencies are not counted against Business Users.

[Continuing with Part F...]

PART F: LIABILITY AND RISK ALLOCATION

18. LIMITATION OF LIABILITY

18.1 Fundamental Disclaimer

READ CAREFULLY - THIS SECTION SIGNIFICANTLY LIMITS HIREPROSTAFF'S LIABILITY

18.1.1 Platform Service Provider Role:

HireProStaff provides ONLY technology platform and administrative services. HireProStaff does NOT:

- Provide hospitality services;

- Employ or supervise Staff Users;

- Control how services are performed;

- Guarantee quality, safety, or outcomes of services;

- Accept liability for User actions or conduct.

18.1.2 Use at Your Own Risk:

You use the Platform at your sole risk. HireProStaff provides the Platform "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.

18.2 No Warranties

To the maximum extent permitted by law, HireProStaff disclaims all warranties, including but not limited to:

18.2.1 No Warranty of Quality or Suitability:

- No guarantee that Staff Users will meet Business User expectations or requirements;

- No guarantee of Staff User skill, competence, reliability, or professionalism;

- No guarantee that Business Users will provide safe, lawful, or appropriate work environments;

- No warranty that Shifts will be completed satisfactorily or without incident.

18.2.2 No Warranty of Availability:

- No guarantee of Platform uptime or continuous availability;

- Platform may be unavailable due to maintenance, updates, or technical issues;

- No guarantee that Shifts will be available for Staff Users or that Staff Users will be available for Business Users.

18.2.3 No Warranty of Accuracy:

- No guarantee that User profiles, ratings, or information are accurate or current;

- No guarantee that vetting processes will identify all risks or disqualifying factors;

- Users are responsible for verifying information themselves.

18.2.4 No Warranty of Security:

- While HireProStaff implements reasonable security measures, no guarantee of absolute security;

- No warranty against data breaches, hacking, or unauthorized access despite best efforts.

18.3 Exclusion of Liability

To the maximum extent permitted by law, HireProStaff (including its directors, officers, employees, agents, contractors, and affiliates) shall NOT be liable for:

18.3.1 Indirect and Consequential Damages:

No liability for:

- Indirect, incidental, special, consequential, or exemplary damages;

- Loss of profits, revenue, business opportunities, data, or goodwill;

- Business interruption or loss of use;

- Reputational harm;

- Costs of substitute services or goods;

- Any damages beyond direct, actual losses.

This exclusion applies even if HireProStaff has been advised of the possibility of such damages.

18.3.2 User Conduct:

No liability for:

- Actions, omissions, conduct, or negligence of Staff Users during Shifts;

- Actions, omissions, conduct, or negligence of Business Users toward Staff Users;

- Theft, property damage, or destruction caused by Users;

- Injuries, harm, or death caused by Users to themselves or others;

- Discrimination, harassment, or illegal conduct by Users;

- Breach of contract between Staff Users and Business Users;

- Disputes, conflicts, or relationship breakdowns between Users;

- Criminal conduct by Users;

- Any other User misconduct or violations of law.

Users acknowledge that HireProStaff is not present during Shifts and has no ability to prevent or control User conduct.

18.3.3 Third-Party Actions:

No liability for:

- Actions of third parties (venue guests, customers, vendors, contractors);

- Theft, assault, or harm caused by third parties;

- Premises defects or dangerous conditions caused by third parties;

- Interruptions or failures of third-party services (payment processors, cloud hosts, internet providers).

18.3.4 Force Majeure:

No liability for failures or delays caused by events beyond HireProStaff's reasonable control, including:

- Natural disasters (floods, fires, earthquakes, storms);

- Government actions (regulations, restrictions, shutdowns);

- War, terrorism, civil unrest;

- Pandemics or epidemics;

- Labor disputes or strikes;

- Telecommunications or internet failures;

- Power outages;

- Any other acts of God or force majeure events.

18.4 Limitation of Damages

18.4.1 Monetary Cap:

CRITICAL LIMITATION:

HireProStaff's maximum aggregate liability to any User for all claims arising from or related to these Terms or Platform use shall NOT exceed the LESSER of:

(a) The total Platform Fees paid by or to that User in the twelve (12) months immediately preceding the claim; OR

(b) R5,000 (Five Thousand Rand).

This cap applies regardless of:

- The legal theory of liability (contract, delict/tort, strict liability, negligence, etc.);

- Whether claims are brought individually or as part of a class action;

- Whether HireProStaff was aware or should have been aware of the possibility of damages.

18.4.2 Example Applications:

- Business User paid R50,000 in total Platform Fees over 12 months → Maximum liability is R5,000 (the lesser amount).

- Staff User earned R20,000 over 12 months (Platform Fees on this would be ~R3,000) → Maximum liability is R3,000.

- New User with only one R500 booking → Maximum liability is R75 (Platform Fee portion).

18.4.3 Rationale:

These limitations are necessary because:

- HireProStaff charges minimal Platform Fees relative to transaction values;

- HireProStaff is a technology facilitator, not a service provider or employer;

- Users control the service relationship and assume risks;

- Unlimited liability would be commercially impossible and would require substantially higher fees;

- These limitations are standard for digital marketplace platforms globally.

18.5 Limitations Required by Law

18.5.1 Consumer Protection Act:

Nothing in these Terms excludes or limits HireProStaff's liability where such exclusion or limitation is prohibited by the Consumer Protection Act, including:

- Liability for death or personal injury caused by HireProStaff's gross negligence;

- Liability for fraud or fraudulent misrepresentation by HireProStaff;

- Any other liability that cannot be excluded by law.

18.5.2 OHSA and Vicarious Liability:

Where HireProStaff is found to have specific statutory duties under OHSA or is found vicariously liable for employee/agent actions, such liability is not disclaimed. However, HireProStaff's position is that:

- HireProStaff has no OHSA obligations as it is not the "employer" or "user" of Staff Users at Business User premises;

- HireProStaff has no vicarious liability as Staff Users are independent contractors, not employees or agents.

These positions will be defended vigorously if challenged.

18.6 User Acknowledgment

By accepting these Terms, you acknowledge and agree that:

- You have read and understood the liability limitations and exclusions;

- These limitations are fair and reasonable given the nature of the Platform and fee structure;

- You would not use the Platform if these limitations did not exist (as the Platform would not be economically viable);

- You accept the risks inherent in connecting with strangers for service provision;

- You agree to look to other parties (e.g., insurers, Service providers, tortfeasors) for compensation for losses rather than HireProStaff.

19. INDEMNIFICATION

19.1 Staff User Indemnification

Staff Users agree to indemnify, defend, and hold harmless HireProStaff, its affiliates, and their respective directors, officers, employees, agents, contractors, and successors (collectively, "HireProStaff Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or related to:

19.1.1 Breach of Terms:

- Any breach or violation of these Terms by the Staff User;

- Violation of any representation or warranty made by Staff User;

- Failure to comply with legal obligations or licensing requirements.

19.1.2 Service Performance:

- Staff User's performance or non-performance of services during Shifts;

- Negligence, gross negligence, or willful misconduct during Shifts;

- Injuries, property damage, or losses caused by Staff User's actions or omissions;

- Errors, mistakes, or substandard work quality;

- Damage to Business User property or equipment.

19.1.3 Prohibited Conduct:

- Theft, fraud, or dishonesty by Staff User;

- Harassment, discrimination, or assault by Staff User;

- Intoxication or substance impairment during Shifts;

- Violation of confidentiality obligations;

- Any criminal conduct by Staff User.

19.1.4 Third-Party Claims:

- Claims by Business Users arising from Staff User's conduct;

- Claims by third parties (venue guests, customers) arising from Staff User's conduct;

- Personal injury or property damage claims;

- Defamation, privacy violations, or intellectual property infringement claims.

19.1.5 Misclassification Claims:

- Any claim that Staff User is an employee rather than an independent contractor, where such claim is based on Staff User's conduct inconsistent with independent contractor status;

- Costs of defending employment status challenges where Staff User provided false information or misrepresented circumstances;

- Tax liabilities arising from Staff User's failure to declare income or pay taxes.

19.1.6 Willful Misconduct:

- Any claim arising from Staff User's willful, malicious, or intentional wrongdoing;

- Fraud, criminal conduct, or violations of law.

19.2 Business User Indemnification

Business Users agree to indemnify, defend, and hold harmless HireProStaff Indemnified Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or related to:

19.2.1 Breach of Terms:

- Any breach or violation of these Terms by the Business User;

- Violation of any representation or warranty made by Business User;

- Failure to comply with legal obligations, licensing, or regulatory requirements.

19.2.2 Workplace Safety:

- Injuries to Staff Users occurring on Business User's premises or during Shifts;

- Occupiers' liability claims arising from unsafe conditions on premises;

- OHSA violations or workplace safety failures;

- Failure to provide adequate safety equipment, training, or warnings;

- Dangerous conditions or hazards on premises;

- Third-party injuries occurring on premises during Shifts.

19.2.3 Prohibited Conduct:

- Harassment, discrimination, or assault of Staff Users by Business User or its employees/agents;

- Exploitation, unfair treatment, or violations of Staff User rights;

- Breach of payment obligations or fraudulent conduct;

- Violation of confidentiality obligations.

19.2.4 Third-Party Claims:

- Claims by Staff Users arising from Business User's conduct;

- Claims by third parties (employees, customers, vendors) arising from Business User's conduct or premises conditions;

- Personal injury or property damage claims related to Business User's operations;

- Employment-related claims from Business User's actual employees.

19.2.5 Vicarious Liability:

- Any claim seeking to hold HireProStaff vicariously liable for Staff User conduct during Shifts at Business User's direction and control;

- Attempts to characterize HireProStaff as an employer or principal based on the Business User-Staff User service relationship.

19.2.6 Non-Payment or Payment Fraud:

- Chargebacks, payment disputes, or attempts to avoid payment;

- Fraud in connection with Platform transactions;

- Misuse of payment systems.

19.3 Indemnification Procedures

19.3.1 Notice:

- Indemnified party must promptly notify indemnifying party of any claim;

- Notice must include reasonable details of the claim;

- Failure to provide timely notice does not eliminate indemnification obligation unless indemnifying party is materially prejudiced.

19.3.2 Control of Defense:

- Indemnifying party has the right to control defense and settlement of indemnified claims with counsel of its choice;

- Indemnified party may participate at its own expense;

- Indemnifying party may not settle claims that impose obligations on indemnified party without indemnified party's consent.

19.3.3 Cooperation:

- Parties must cooperate in defense of claims;

- Provide reasonable assistance, information, and documentation;

- Attend depositions, hearings, and trials as needed.

19.3.4 Settlement:

- Indemnifying party may not settle without indemnified party's written consent where settlement:

- Imposes obligations on indemnified party;

- Contains admissions of liability by indemnified party;

- Does not include full release of indemnified party.

19.4 Survival of Indemnification

Indemnification obligations survive termination or expiration of these Terms and continue indefinitely for claims arising during the term of the Agreement.

20. INSURANCE REQUIREMENTS

20.1 Business User Insurance Requirements

MANDATORY INSURANCE:

All Business Users MUST obtain and maintain adequate insurance coverage throughout their use of the Platform:

20.1.1 Public Liability Insurance:

REQUIRED:

- Minimum coverage: R5,000,000 (Five Million Rand) per occurrence;

- Coverage for bodily injury and property damage to third parties;

- Coverage must extend to independent contractors (Staff Users) working on premises;

- Policy must be maintained with reputable South African insurer;

- Coverage must be in force for all dates when Shifts are booked.

What it covers:

- Injuries to Staff Users on premises;

- Injuries to customers, guests, or visitors;

- Property damage to third-party property;

- Legal defense costs and judgments.

20.1.2 Employers' Liability Insurance (If Applicable):

Where Business User employs staff (separate from Platform Staff Users):

- Employers' liability coverage as required by law;

- Covers claims from actual employees;

- Does NOT extend to independent contractor Staff Users (covered by public liability).

20.1.3 Property and Contents Insurance:

Recommended (but not mandatory):

- Coverage for business property and contents;

- Covers theft or damage by Staff Users or others;

- Business interruption coverage.

20.1.4 Professional Indemnity Insurance:

Recommended for high-risk industries:

- Coverage for professional negligence claims;

- Errors and omissions coverage;

- May be required for certain specialized venues.

20.2 Proof of Insurance

20.2.1 Submission Requirements:

Business Users must submit proof of insurance:

- Upon registration (copy of policy schedule or certificate);

- Annually upon policy renewal;

- Upon request by HireProStaff at any time.

Acceptable proof:

- Insurance policy schedule showing coverage details;

- Certificate of insurance from insurer;

- Letter from broker confirming coverage.

20.2.2 Verification:

HireProStaff reserves the right to:

- Verify insurance coverage with insurers;

- Reject inadequate or expired coverage;

- Suspend accounts until adequate proof provided;

- Require higher coverage limits for high-risk venues or events.

20.2.3 Consequences of Non-Compliance:

Failure to maintain required insurance results in:

- Immediate account suspension;

- Inability to post or confirm Shifts;

- Account deactivation if not remedied within 30 days;

- No refunds of fees paid.

20.3 Staff User Insurance (Strongly Recommended)

20.3.1 Optional but Highly Recommended:

Staff Users should obtain:

(a) Personal Accident and Injury Insurance:

- Covers medical expenses and lost income from work-related injuries;

- Disability coverage;

- Death benefits for dependents.

(b) Public Liability Insurance:

- Covers claims for injuries or damage caused by Staff User to others;

- Protects Staff User's personal assets;

- Recommended minimum: R1,000,000 coverage.

- Covers claims of professional negligence or errors;

- Important for chefs, sommeliers, or specialized roles.

(d) Income Protection Insurance:

- Replaces income during illness or injury;

- Critical for independent contractors without sick leave.

20.3.2 HireProStaff Group Insurance (If Offered):

HireProStaff may offer access to group insurance plans for Staff Users:

- Discounted rates through group arrangements;

- Optional coverage at Staff User's expense;

- Details provided separately if/when available.

20.3.3 No Mandatory Requirement for Staff Users:

Staff Users are NOT required to obtain insurance as a Platform condition, but do so at their own risk. HireProStaff strongly recommends adequate coverage.

20.4 HireProStaff Insurance

20.4.1 Platform Insurance:

HireProStaff maintains:

- Professional indemnity insurance for technology services;

- Cyber liability insurance;

- Errors and omissions coverage;

- General business insurance.

20.4.2 No Coverage for User Activities:

HireProStaff's insurance does NOT cover:

- Staff User actions during Shifts;

- Business User premises or operations;

- Injuries or damages arising from User conduct;

- User-to-User service relationships.

Users must obtain their own coverage as specified above.

21. OCCUPIERS' LIABILITY AND WORKPLACE SAFETY

21.1 Legal Framework

21.1.1 Common Law Occupiers' Liability:

Under South African common law, occupiers of premises owe a NON-DELEGABLE duty of care to all lawful visitors, including Staff Users. This duty requires the occupier to take reasonable steps to guard against reasonably foreseeable harm.

Key Principles:

- Duty is owed by the person in control of premises (Business User);

- Duty cannot be delegated to contractors or service providers;

- Occupier remains liable even where independent contractors perform work;

- Standard of care is objective: what a reasonable person in occupier's position would do.

21.1.2 Occupational Health and Safety Act:

OHSA imposes statutory duties on:

- Employers (Section 8): Duty to ensure health and safety of employees;

- Users (Section 37(2)): Persons who use workplaces where persons other than their employees work.

Business User Position:

- Business Users are "occupiers" and may be "users" under OHSA where Staff Users work on their premises;

- Business Users have statutory duties to Staff Users under OHSA;

- HireProStaff is NOT an "employer" or "user" under OHSA relative to Staff Users at Business User premises.

21.2 Business User Obligations and Liability

CRITICAL: BUSINESS USERS BEAR FULL LIABILITY FOR PREMISES SAFETY

21.2.1 Non-Delegable Duty:

Business Users acknowledge that their duty of care for premises safety is NON-DELEGABLE, meaning:

- Duty cannot be satisfied by delegating safety to HireProStaff, Staff Users, or anyone else;

- Business Users remain LIABLE for injuries caused by premises defects or unsafe conditions;

- Hiring independent contractors does not eliminate or reduce the duty;

- Business Users cannot shift liability to HireProStaff through contract terms.

21.2.2 Specific Safety Obligations:

Business Users MUST ensure:

(a) Safe Premises:

- Buildings are structurally sound;

- Floors are level, non-slip, and free of hazards;

- Adequate lighting in all work areas;

- Proper ventilation and temperature control;

- Functional fire safety equipment and clear emergency exits;

- Safe electrical systems and equipment.

(b) Safe Equipment:

- All equipment and machinery is safe, properly maintained, and fit for purpose;

- Guards, safety devices, and interlocks are in place and functional;

- Equipment defects are repaired promptly;

- Staff Users are trained on equipment use.

- Identify all workplace hazards (slips, trips, falls, burns, cuts, chemical exposure, violence risks);

- Eliminate hazards where possible;

- Minimize hazards where elimination is not possible;

- Warn Staff Users of hazards that cannot be eliminated;

- Provide safe work procedures and training.

(d) Personal Protective Equipment:

- Provide necessary PPE at no cost to Staff Users;

- Ensure PPE is appropriate, fits properly, and is maintained;

- Train Staff Users on proper PPE use.

(e) Emergency Preparedness:

- Maintain first aid facilities and trained first aiders;

- Have emergency evacuation procedures and conduct drills;

- Maintain fire extinguishers, alarms, and emergency lighting;

- Post emergency contact numbers;

- Ensure Staff Users know emergency procedures.

21.2.3 Liability for Injuries:

Business Users are LIABLE for:

- Injuries caused by premises defects or unsafe conditions;

- Injuries caused by inadequate safety measures or equipment;

- Injuries caused by failure to warn of hazards;

- Injuries caused by inadequate training or supervision;

- Occupational diseases contracted due to workplace exposures;

- Legal costs of defending claims;

- Damages, medical expenses, and compensation awarded.

This liability exists regardless of:

- Staff User's status as independent contractor;

- Existence of indemnification provisions;

- Attempts to waive liability;

- Contributory negligence by Staff User (may reduce but not eliminate liability).

21.3 HireProStaff's Non-Liability for Premises

21.3.1 No Control of Premises:

HireProStaff has:

- NO control over Business User premises;

- NO ability to inspect, monitor, or enforce premises safety;

- NO presence at venues during Shifts;

- NO authority to direct safety measures or compliance.

21.3.2 No Occupiers' Liability:

HireProStaff is NOT an occupier and therefore has NO occupiers' liability for injuries occurring at Business User premises. Occupiers' liability rests EXCLUSIVELY with Business Users as the parties in control of premises.

21.3.3 Platform Role Only:

HireProStaff's role is limited to:

- Requiring Business Users to acknowledge safety obligations in these Terms;

- Recommending Business Users maintain insurance;

- Providing educational resources on safety (optional);

- Facilitating incident reporting;

- NOT inspecting, auditing, or enforcing premises safety.

21.3.4 Staff User Assumption of Risk:

Staff Users acknowledge and accept that:

- HireProStaff has not inspected Business User premises;

- HireProStaff makes NO representations about premises safety;

- Staff Users attend venues at their own risk;

- Staff Users must assess safety upon arrival and refuse work in unsafe conditions;

- Business Users, not HireProStaff, are responsible for premises safety.

21.4 Staff User Safety Rights and Responsibilities

21.4.1 Right to Safe Workplace:

Staff Users have the right to:

- Work in safe conditions free from reasonably foreseeable harm;

- Receive safety information, training, and equipment;

- Refuse dangerous work without penalty;

- Report safety concerns without retaliation;

- Leave unsafe situations without liability.

21.4.2 Right to Refuse Unsafe Work:

Where Staff Users reasonably believe work is unsafe:

- Staff Users may refuse to perform work;

- Staff Users may leave premises immediately;

- No breach of Shift obligations;

- Full Shift payment still owed by Business User;

- Staff Users should document safety concerns and report to HireProStaff.

"Reasonably unsafe" includes:

- Imminent danger of serious injury or death;

- Lack of required safety equipment;

- Dangerous conditions (fire hazards, electrical hazards, structural damage);

- Intoxicated or violent persons creating danger;

- Any condition a reasonable person would consider unsafe.

21.4.3 Duty to Report Hazards:

Staff Users must:

- Report observed hazards to Business Users immediately;

- Report injuries or near-misses promptly;

- Report serious safety violations to HireProStaff and appropriate authorities (OHSA inspectorate);

- Cooperate with safety investigations.

21.4.4 Staff User Safety Responsibilities:

Staff Users must:

- Follow safety instructions and procedures;

- Use provided safety equipment properly;

- Not willfully or recklessly disregard safety;

- Not engage in horseplay or dangerous behavior;

- Not work while intoxicated or impaired;

- Report own limitations or health conditions affecting safe work.

PART G: SAFETY AND COMPLIANCE

22. SEXUAL HARASSMENT AND DISCRIMINATION POLICY

22.1 Zero Tolerance Policy

HIREPROSTAFF HAS ABSOLUTE ZERO TOLERANCE FOR SEXUAL HARASSMENT AND DISCRIMINATION

HireProStaff is committed to providing a safe, respectful environment free from harassment and discrimination for all Users.

22.2 Sexual Harassment Prohibition

22.2.1 Definition:

Sexual harassment means unwelcome conduct of a sexual nature, including but not limited to:

- Sexual advances, propositions, or requests for sexual favors;

- Unwanted physical contact of a sexual nature (touching, groping, kissing, fondling);

- Sexual comments, jokes, innuendo, or suggestions;

- Display or sharing of sexually explicit materials (photos, videos, messages);

- Leering, staring, or making sexual gestures;

- Comments about a person's body, appearance, or sexual characteristics;

- Quid pro quo harassment (conditioning benefits on sexual favors);

- Creating a sexually hostile or offensive environment;

- Sexual assault, attempted sexual assault, or rape.

22.2.2 Conduct by Any Party:

Sexual harassment is prohibited when committed by:

- Business Users toward Staff Users;

- Staff Users toward Business Users or venue staff;

- Staff Users toward venue customers or guests;

- Business User's employees or agents toward Staff Users;

- Any person in connection with Platform use.

22.2.3 Severity:

Sexual harassment is ALWAYS serious. No incident is "minor" or "just a joke." All reports are investigated thoroughly.

22.3 Discrimination Prohibition

22.3.1 Protected Characteristics:

Discrimination is prohibited on the basis of:

- Race, ethnicity, or national origin;

- Gender, sex, or gender identity;

- Sexual orientation (LGBTQ+);

- Age;

- Disability (physical or mental);

- Religion, belief, or conscience;

- Pregnancy or marital status;

- HIV status;

- Any other characteristic protected by the Constitution or Employment Equity Act.

22.3.2 Forms of Discrimination:

Prohibited conduct includes:

- Refusing to book or work with persons based on protected characteristics;

- Treating persons differently or less favorably based on protected characteristics;

- Making derogatory comments, jokes, or slurs;

- Hate speech or expression of prejudice;

- Creating hostile or offensive environments;

- Differential pay, terms, or conditions based on protected characteristics.

22.3.3 Intersectional Discrimination:

Discrimination based on multiple intersecting characteristics (e.g., race + gender, disability + age) is equally prohibited and may be particularly harmful.

22.4 Reporting Mechanisms

22.4.1 How to Report:

Reports can be made:

- Email: harassment@hireprostaff.co.za (confidential, monitored 24/7);

- Phone: [Hotline number - to be inserted] (24/7 support line);

- Platform: Flag user or incident through app;

- In-Person: Contact HireProStaff office during business hours;

- Third-Party: Reports can be made by witnesses or third parties.

22.4.2 What to Include:

Reports should include:

- Names of parties involved;

- Date, time, and location of incident(s);

- Detailed description of conduct;

- Names of witnesses;

- Any evidence (messages, photos, videos);

- Impact on the victim.

Incomplete reports will still be investigated.

22.4.3 Immediate Safety:

If immediate danger exists:

- Leave the situation immediately;

- Call police (10111) or emergency services;

- Seek medical attention if injured;

- Preserve evidence (do not wash, change clothes if assault occurred);

- Report to HireProStaff as soon as safe to do so.

22.5 Investigation and Response

22.5.1 Immediate Action:

Upon receiving a harassment or discrimination report:

- Alleged offender's account is immediately suspended pending investigation;

- Victim is offered support and resources;

- Evidence is secured;

- Witnesses are contacted;

- Investigation commences within 24 hours.

22.5.2 Investigation Process:

- Dedicated team conducts confidential investigation;

- Both parties and witnesses are interviewed;

- Evidence is reviewed (messages, photos, videos, records);

- Findings are documented;

- Investigation typically completed within 5-10 business days;

- Parties are informed of outcome.

22.5.3 Standard of Proof:

- Balance of probabilities (more likely than not);

- Victim's testimony is credible evidence;

- Corroboration is not required but strengthens findings;

- Past conduct or patterns may be considered.

22.5.4 Outcomes:

If harassment/discrimination is substantiated:

- Immediate permanent deactivation of offender;

- Police referral for criminal conduct (assault, rape);

- Victim may pursue civil or criminal remedies;

- Offender banned from creating new accounts;

- No appeals for sexual harassment or serious discrimination.

If not substantiated:

- Accounts reinstated;

- No penalties (unless false report made in bad faith);

- Parties may be separated (not matched in future);

- Recommendations for improved conduct may be provided.

If inconclusive:

- Warning issued to alleged offender;

- Monitoring of future conduct;

- Parties separated to prevent further incidents;

- Accounts may remain active with restrictions.

22.6 Confidentiality and Non-Retaliation

22.6.1 Confidentiality:

- Investigations are conducted confidentially;

- Information shared only on need-to-know basis;

- Identities protected to extent possible;

- Absolute confidentiality cannot be guaranteed where legal obligations exist.

22.6.2 Non-Retaliation:

STRICTLY PROHIBITED:

- Retaliation against persons who report harassment or discrimination;

- Retaliation against witnesses or participants in investigations;

- Adverse treatment, negative ratings, account actions, or other consequences.

Retaliation includes:

- Deactivation or suspension of reporter;

- Negative ratings or reviews;

- Refusal to book or work with reporter;

- Harassment, threats, or intimidation;

- Defamation or public disclosure of reporter's identity.

Consequence: Retaliation results in immediate permanent deactivation + potential legal action.

22.6.3 Protection for Reporters:

- Reporters are protected from retaliation;

- Good faith reports, even if not substantiated, are protected;

- False reports made in bad faith are not protected and may result in deactivation.

22.7 Support for Victims

22.7.1 Resources:

HireProStaff provides:

- Emotional support and counseling referrals;

- Legal resources and rights information;

- Safety planning assistance;

- Coordination with police and prosecutors (if desired);

- Account protection and monitoring.

22.7.2 External Resources:

Victims may contact:

- SAPS Gender-Based Violence Command: 0800 150 150

- Childline: 0800 055 555

- Lifeline: 0861 322 322

- Rape Crisis: 021 447 9762

- Commission for Gender Equality: 011 403 7182

- Equality Court: Local magistrate's court

- CCMA: For employment-related discrimination

22.7.3 Workplace Rights:

Victims have the right to:

- Reasonable accommodations (avoiding particular venues or users);

- Time off to attend legal proceedings or counseling;

- Protection from further contact with offender;

- Support throughout investigation and legal processes.

23. HEALTH AND SAFETY REQUIREMENTS

23.1 Health Certificates

23.1.1 Food Handler Certificates:

Staff Users working in food preparation, handling, or service must:

- Obtain valid food handler certificate where required by municipal bylaws;

- Complete approved food safety training (typically 1-day course);

- Renew certificates as required (typically annually);

- Provide copies to HireProStaff and Business Users upon request.

Roles requiring certificates:

- Chefs, cooks, kitchen assistants;

- Food preparation staff;

- Waiters handling food;

- Catering staff;

- Any role involving food contact.

23.1.2 Medical Fitness:

Staff Users must:

- Be medically fit to perform physical demands of hospitality work;

- Disclose communicable diseases that could be transmitted through food handling or service;

- Not work while suffering from infectious conditions (COVID-19, tuberculosis, hepatitis A, etc.);

- Inform Business Users of any medical conditions requiring accommodation or affecting safe performance.

23.1.3 Substance Testing:

Business Users may require:

- Pre-Shift alcohol breath tests for certain roles (e.g., driving, high-risk roles);

- Random substance testing where legitimate safety concerns exist;

- Testing must be reasonable, non-discriminatory, and comply with law.

Staff Users may decline testing and forfeit the Shift without penalty.

23.2 Hygiene Standards

23.2.1 Personal Hygiene:

Staff Users must maintain:

- Daily bathing and clean body;

- Clean, trimmed nails;

- Clean, neat hair (tied back or covered in food areas);

- No strong perfumes or colognes (may affect food/beverage service);

- Clean, pressed uniform or work attire;

- Proper oral hygiene.

23.2.2 Hand Hygiene:

Staff Users must:

- Wash hands frequently, especially:

- Before starting work;

- After using restroom;

- After handling waste;

- After touching face, hair, or body;

- After smoking or eating;

- Between tasks;

- Use soap and warm water for minimum 20 seconds;

- Dry hands with clean towels or air dryers;

- Use hand sanitizer where sinks unavailable.

23.2.3 Illness Policy:

DO NOT WORK IF:

- You have diarrhea, vomiting, or stomach illness;

- You have fever or respiratory symptoms;

- You have open cuts or sores (unless properly covered);

- You have infectious disease (COVID-19, flu, cold, etc.);

- You are too ill to perform duties safely and effectively.

Notify Business User immediately and cancel Shift. Full refund will be provided with medical certificate if requested.

23.3 COVID-19 and Pandemic Protocols

23.3.1 Current Requirements:

Follow current government and health authority guidelines:

- Vaccination (if mandated by venue or government);

- Masking (if required by venue or regulation);

- Social distancing where feasible;

- Symptom screening;

- Rapid testing if required;

- Isolation if positive or exposed.

23.3.2 Notification Obligations:

- Immediately notify Business User and HireProStaff if:

- You test positive for COVID-19 or other notifiable disease;

- You were exposed to someone with COVID-19;

- You develop symptoms;

- Contact tracing will be conducted;

- Affected persons will be notified (anonymously);

- Follow health authority isolation and quarantine requirements.

23.4 Incident Reporting and Investigation

23.4.1 Mandatory Incident Reporting:

ALL incidents must be reported within 24 hours:

- Injuries (cuts, burns, sprains, fractures, etc.);

- Near-misses (incidents that could have caused injury);

- Property damage;

- Safety hazards observed;

- Equipment failures or malfunctions;

- Security incidents (theft, assault, threats);

- Health and safety violations.

23.4.2 How to Report:

- Email: incidents@hireprostaff.co.za

- Phone: [number to be inserted]

- Platform: Incident report form

- Directly to Business User (who must report to HireProStaff)

23.4.3 Incident Investigation:

- HireProStaff reviews all incident reports;

- Serious incidents trigger formal investigations;

- Root cause analysis conducted;

- Recommendations made to prevent recurrence;

- Trends and patterns analyzed;

- Regulatory reporting obligations complied with (OHSA, Compensation Commissioner).

24. DISCIPLINARY PROCEDURES AND DEACTIVATION

24.1 Violations and Consequences

24.1.1 Minor Violations:

Examples:

- Single late arrival (15-30 minutes);

- Failure to check in/out (isolated incident);

- Minor breach of dress code or protocol;

- Single customer complaint (not serious misconduct);

- Isolated poor performance (not gross incompetence).

Consequence:

- First offense: Verbal or written warning;

- Second offense: Final written warning + possible 3-7 day suspension;

- Third offense: Permanent deactivation.

24.1.2 Serious Violations:

Examples:

- Multiple late arrivals or no-shows;

- Pattern of poor performance or complaints;

- Violation of safety rules;

- Unprofessional conduct;

- Breach of confidentiality;

- Dishonesty or misrepresentation (not fraud-level);

- Accepting direct payment (first instance).

Consequence:

- First offense: 7-30 day suspension + final warning;

- Second offense: Permanent deactivation.

24.1.3 Gross Misconduct (Immediate Deactivation):

Examples (NON-EXHAUSTIVE):

- Theft, fraud, or dishonesty;

- Violence, assault, or threats;

- Sexual harassment or assault;

- Discrimination or hate speech;

- Intoxication or substance impairment;

- Gross negligence causing harm;

- Criminal conduct;

- Willful damage to property;

- Repeated serious violations after warnings.

Consequence:

- Immediate permanent deactivation without prior warnings;

- No appeals;

- Police referral where criminal;

- Potential civil action for damages;

- Ban from re-registration.

24.2 Progressive Discipline Process

24.2.1 Investigation:

Before imposing discipline:

- HireProStaff investigates alleged violation;

- User is notified of allegations and given opportunity to respond;

- Evidence is reviewed;

- Findings are documented;

- Decision is made based on facts and proportionality.

24.2.2 Warnings:

Verbal Warning:

- Delivered via phone call or Platform message;

- Explains violation and expected correction;

- Documented in User's account;

- No account restrictions.

Written Warning:

- Formal written notice via email;

- Details violation, consequences, and corrective actions required;

- Remains on record for 12 months;

- No account restrictions (unless stated).

Final Written Warning:

- Last opportunity before deactivation;

- Clearly states that further violations will result in permanent deactivation;

- Remains on record for 24 months;

- May include temporary suspension or restrictions.

24.2.3 Suspension:

Temporary Suspension:

- Account access blocked for specified period (3-30 days);

- Cannot accept or post Shifts;

- Outstanding Shifts must be completed (unless misconduct prevents);

- Opportunity to correct behavior;

- Suspension may be extended if violations continue.

Pending Investigation:

- Account suspended while serious allegations investigated;

- Protects other Users and Platform integrity;

- Lifted if allegations not substantiated;

- Converted to permanent deactivation if substantiated.

24.2.4 Permanent Deactivation:

- Account permanently closed;

- No future access to Platform;

- Cannot re-register with same or different details;

- IP address, device ID, and identifying information flagged;

- Outstanding payments processed (if owed);

- No refunds of fees paid.

24.3 Deactivation for Inactivity or Business Reasons

24.3.1 Voluntary Deactivation:

Users may request account deactivation at any time:

- Email: support@hireprostaff.co.za with "Deactivation Request";

- Outstanding Shifts must be completed;

- Outstanding payments must be settled;

- Deactivation processed within 5 business days;

- Data retained per Section 7.6 retention policy;

- Re-activation possible by contacting support (subject to approval).

24.3.2 Inactivity Deactivation:

Accounts inactive for 24+ months may be deactivated:

- 30 days advance notice sent via email;

- User may reactivate by logging in and confirming continued use;

- If no response, account deactivated;

- Re-registration possible at any time.

24.3.3 Business Decision Deactivation:

HireProStaff may deactivate accounts for legitimate business reasons:

- Platform operational changes;

- Geographic service area changes;

- Risk management decisions;

- Compliance with legal or regulatory requirements;

- Other business reasons at HireProStaff's sole discretion.

Notice: 30 days advance notice unless immediate deactivation required for legal/safety reasons.

24.4 Appeals and Dispute Resolution

24.4.1 Right to Appeal:

Users may appeal disciplinary decisions (except gross misconduct):

- Submit written appeal within 14 days of decision;

- Email: appeals@hireprostaff.co.za;

- Include:

- Reasons for appeal;

- New evidence or information;

- Explanation of why decision was incorrect;

- Appeals reviewed by senior management (not original decision-maker).

24.4.2 Appeal Outcomes:

- Decision upheld (no change);

- Decision modified (reduced penalty);

- Decision reversed (penalty removed, account reinstated);

- Appeal decision is FINAL and binding;

- No further appeals.

24.4.3 Serious Misconduct - No Appeals:

No appeals for:

- Sexual harassment or assault;

- Violence or threats;

- Theft or fraud;

- Gross safety violations;

- Criminal conduct;

- Other conduct warranting immediate permanent deactivation.

These decisions are FINAL and non-negotiable.

24.4.4 Alternative Dispute Resolution:

Users may pursue Section 25 dispute resolution procedures if they believe:

- Deactivation violated these Terms;

- Deactivation was unlawful or discriminatory;

- Proper procedures were not followed;

- Material errors of fact or law occurred.

PART H: DISPUTE RESOLUTION

25. DISPUTE RESOLUTION FRAMEWORK

25.1 Scope and Application

25.1.1 Covered Disputes:

This dispute resolution framework applies to disputes arising from or relating to:

- These Terms or their interpretation;

- Platform use or access;

- Shift bookings, completion, or payment;

- User conduct or alleged violations;

- Deactivation or disciplinary decisions;

- Data protection or privacy concerns;

- Any other matter connected to the Platform or User relationships.

25.1.2 Excluded Disputes:

The following are NOT subject to this framework and may be pursued through courts or other appropriate forums:

- Criminal matters (handled by police and prosecutors);

- Urgent interim relief (interdict, restraining order) where arbitration would not provide timely remedy;

- Constitutional matters or fundamental rights violations;

- Disputes where third parties (non-Users) must be joined;

- Matters within exclusive jurisdiction of specialized tribunals (CCMA for actual employment disputes, Equality Court for equality violations, Information Regulator for POPIA complaints).

25.2 Pre-Dispute: Good Faith Negotiations

25.2.1 Mandatory Negotiation First:

Before initiating formal dispute resolution, parties MUST attempt good faith negotiation:

Step 1 - Direct Communication:

- Parties communicate directly via Platform messaging or email;

- Clearly state the issue and desired resolution;

- Exchange proposals and counterproposals;

- Attempt to reach mutually acceptable solution;

- Duration: Minimum 7 days.

Step 2 - HireProStaff Facilitation:

- If Step 1 fails, either party may request HireProStaff facilitation;

- Email: disputes@hireprostaff.co.za with "Dispute Facilitation Request";

- Provide:

- Summary of dispute;

- Steps taken to resolve;

- Desired outcome;

- Supporting evidence;

- HireProStaff representative reviews and facilitates discussion;

- HireProStaff may propose settlement terms;

- Duration: 14 days maximum.

Step 3 - Mediation (Optional but Recommended):

- If Step 2 fails, parties may agree to formal mediation;

- Independent mediator appointed by mutual agreement or by HireProStaff;

- Mediation costs shared equally (50/50);

- Mediation conducted per Arbitration Foundation of Southern Africa (AFSA) mediation rules;

- Duration: 30 days maximum from mediator appointment;

- Settlement agreement is binding if reached.

25.2.2 Exceptions to Negotiation Requirement:

Immediate arbitration (skipping negotiation) is permitted for:

- Urgent matters requiring immediate resolution;

- Clear-cut breaches with no factual disputes;

- Where negotiation would be futile (e.g., user already deactivated for gross misconduct);

- Where one party refuses to participate in good faith.

25.3 Binding Arbitration

25.3.1 Agreement to Arbitrate:

CRITICAL: BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION, NOT COURT LITIGATION.

You waive your right to:

- Sue in court (except as provided in Section 25.1.2);

- Have disputes decided by a judge or jury;

- Participate in class actions or representative proceedings.

Arbitration is:

- BINDING: Decision is final and enforceable in court;

- CONFIDENTIAL: Proceedings and outcome are private;

- FASTER: Typically resolved in 3-6 months vs. 2-3+ years for court;

- LESS EXPENSIVE: Lower costs than litigation;

- EXPERT DECISION-MAKER: Arbitrator has relevant expertise.

25.3.2 Arbitration Rules and Forum:

Arbitration will be conducted in accordance with:

- Arbitration Act 42 of 1965 (as amended);

- AFSA Expedited Rules for disputes under R500,000;

- AFSA Standard Rules for disputes over R500,000;

- These Terms (to the extent not inconsistent with AFSA rules).

Arbitration Forum:

- Arbitration Foundation of Southern Africa (AFSA);

- Website: www.arbitration.co.za;

- Physical Address: 96 Rivonia Road, Sandton, Johannesburg.

Alternative (if parties agree):

- Any other arbitration institution registered in South Africa;

- Ad hoc arbitration per Arbitration Act (if both parties agree on arbitrator).

25.3.3 Commencing Arbitration:

Step 1 - Notice of Arbitration:

- Send written Notice of Arbitration to:

- Other party (via Platform messaging and email);

- HireProStaff (even if not a party): disputes@hireprostaff.co.za;

- AFSA: arbitration@afsa.org.za;

- Include:

- Parties' names and contact details;

- Summary of dispute;

- Relief sought;

- Estimated value of claim;

- Statement that good faith negotiation was attempted;

- Copy of these Terms.

Step 2 - AFSA Administration:

- AFSA confirms receipt and reviews Notice;

- AFSA appoints arbitrator (or facilitates party agreement on arbitrator);

- AFSA sets procedural calendar;

- Respondent files Response to Notice (within 14 days).

Step 3 - Procedural Directions:

- Arbitrator issues directions for document disclosure, witness statements, expert evidence (if needed);

- Parties exchange evidence per arbitrator's timeline;

- Pre-hearing conference may be held to streamline issues.

Step 4 - Hearing:

- In-person or virtual hearing scheduled;

- Both parties present evidence and arguments;

- Witnesses may be examined and cross-examined;

- Hearing typically 1-3 days depending on complexity.

Step 5 - Award:

- Arbitrator issues written Award within 30-60 days of hearing;

- Award includes findings of fact, legal conclusions, and remedy;

- Award is final and binding.

25.3.4 Location of Arbitration:

Default: Cape Town, Western Cape (HireProStaff's principal place of business).

Alternative: Parties may agree to different location within South Africa (e.g., Johannesburg, Durban) or virtual/online arbitration.

25.3.5 Language:

English (unless parties agree otherwise).

25.3.6 Single Arbitrator:

Disputes will be decided by a single arbitrator (not panel of three) unless:

- Dispute value exceeds R1,000,000; OR

- Parties agree to three-arbitrator panel; OR

- Arbitrator determines complexity requires panel.

Arbitrator Qualifications:

- Admitted attorney or advocate with 10+ years experience; OR

- Retired judge; OR

- Other suitably qualified person with expertise in relevant field (hospitality, labour law, commercial law, technology law).

25.3.7 Costs of Arbitration:

AFSA Administrative Fees:

- Determined by AFSA fee schedule (based on dispute value);

- Typically R5,000-R25,000 for most Platform disputes;

- Paid equally by parties (50/50) unless arbitrator orders otherwise.

Arbitrator's Fees:

- Hourly rate or daily rate set by arbitrator;

- Typically R3,000-R8,000 per hour for experienced arbitrators;

- Paid equally by parties (50/50) unless arbitrator orders otherwise.

Legal Costs:

- Each party bears own legal costs (attorneys' fees) unless:

- Arbitrator awards costs to prevailing party;

- Claim was frivolous, vexatious, or brought in bad faith;

- Arbitrator has discretion to award legal costs.

HireProStaff Subsidy (Optional):

- For disputes under R50,000 involving individual Staff Users, HireProStaff may subsidize up to 50% of Staff User's share of AFSA and arbitrator fees;

- Subsidy is discretionary and not guaranteed;

- Does not apply to Business Users or high-value disputes.

25.3.8 Confidentiality:

Arbitration proceedings and Awards are CONFIDENTIAL:

- Parties may not disclose details to third parties (except advisors, witnesses, insurers, as required by law);

- Hearings are private (not public);

- Award is not published (unless parties agree);

- Breach of confidentiality may result in penalties or contempt proceedings.

Exceptions:

- Disclosure required by law (court order, regulatory demand);

- Disclosure necessary to enforce Award;

- Disclosure for legal advice or insurance claims.

25.4 Enforcement of Arbitration Awards

25.4.1 Binding Nature:

Arbitration Awards are final and binding on parties. There is NO appeal on the merits (factual or legal findings).

25.4.2 Limited Grounds for Setting Aside:

Awards may be set aside by court ONLY for:

- Lack of jurisdiction (arbitrator exceeded authority);

- Procedural irregularity affecting fairness;

- Fraud or corruption;

- Public policy violations;

- Award obtained through perjury or falsified evidence.

NOT grounds for setting aside:

- Disagreement with arbitrator's factual findings;

- Disagreement with arbitrator's legal conclusions;

- Belief that arbitrator made errors;

- Dissatisfaction with outcome.

Application to set aside must be made to High Court within 6 weeks of Award.

25.4.3 Enforcement as Court Judgment:

Awards may be made an order of court:

- Application to High Court for enforcement;

- Once made an order of court, enforceable like any court judgment;

- Execution against assets, garnishment, attachment;

- Contempt proceedings for non-compliance.

26. ARBITRATION PROCEDURES

26.1 Expedited Arbitration for Small Claims

26.1.1 Qualifying Claims:

Disputes under R50,000 qualify for expedited arbitration:

- Simplified procedures;

- Faster timelines (typically resolved in 60-90 days);

- Lower costs;

- Documents-only option (no hearing).

26.1.2 Expedited Process:

- Notice and Response exchanged (14 days each);

- Document disclosure (14 days);

- Written submissions (7 days each);

- Arbitrator may decide on documents alone OR hold brief hearing (half-day);

- Award issued within 30 days of final submission/hearing.

26.2 Standard Arbitration Procedures

26.2.1 Pleadings:

- Claimant files Notice of Arbitration (detailed statement of claim);

- Respondent files Response (detailed defense and any counterclaims);

- Reply and Rejoinder (if needed);

- Amendments permitted with arbitrator approval.

26.2.2 Discovery/Disclosure:

- Parties disclose relevant documents;

- Privilege claims must be substantiated;

- Arbitrator may order production of specific documents;

- Failure to disclose may result in adverse inferences.

26.2.3 Witness Evidence:

- Witness statements exchanged in advance;

- Witnesses attend hearing for examination and cross-examination;

- Expert witnesses (if needed) provide reports and may testify;

- Arbitrator may question witnesses.

26.2.4 Hearing:

- Opening statements;

- Claimant presents evidence and witnesses;

- Respondent presents evidence and witnesses;

- Closing arguments (written or oral);

- Arbitrator may ask questions throughout.

26.2.5 Award:

- Written Award with reasons (unless parties waive);

- Includes findings of fact, legal analysis, and remedy;

- Signed and dated by arbitrator;

- Delivered to parties and AFSA;

- Becomes effective immediately unless deferred enforcement ordered.

26.3 Remedies Available in Arbitration

26.3.1 Monetary Awards:

Arbitrator may award:

- Compensatory damages (actual losses);

- Refunds or payment of amounts due;

- Interest (at statutory rate or as agreed);

- Costs (AFSA fees, arbitrator fees, legal costs if awarded).

26.3.2 Non-Monetary Relief:

Arbitrator may order:

- Account reinstatement (if wrongful deactivation found);

- Specific performance (completion of Shifts, honoring bookings);

- Declaratory relief (determination of rights and obligations);

- Rectification of records or data;

- Apology or correction of false statements (if agreed by parties).

26.3.3 Limitations on Remedies:

Arbitrator may NOT award:

- Punitive or exemplary damages (except where expressly provided by law);

- Damages for emotional distress (unless accompanied by physical injury or recognized delict);

- Damages beyond those pleaded or claimed;

- Relief affecting non-parties' rights.

26.4 Class Actions and Representative Proceedings Waiver

CRITICAL CLASS ACTION WAIVER

26.4.1 Individual Arbitration Only:

You agree that:

- All disputes must be arbitrated on an INDIVIDUAL basis;

- You WAIVE the right to participate in class actions, class arbitrations, or representative proceedings;

- You may NOT bring claims on behalf of other persons;

- Arbitrator may NOT consolidate multiple persons' claims without all parties' consent.

26.4.2 No Class Arbitration:

There shall be NO:

- Class arbitrations where one person represents a group;

- Consolidated arbitrations of multiple unrelated claims;

- Representative proceedings on behalf of other Users;

- Mass arbitrations coordinated among multiple claimants.

26.4.3 Severability of Class Waiver:

If a court finds the class action waiver unenforceable:

- The class claims must be litigated in court (not arbitrated);

- Individual claims remain subject to arbitration;

- The remainder of these Terms remains enforceable.

26.4.4 Opt-Out Right:

You may opt out of the arbitration and class waiver provisions:

- Send written notice within 30 days of accepting these Terms;

- Email: optout@hireprostaff.co.za with "Arbitration Opt-Out";

- Include: Full name, email, date of registration, statement "I opt out of arbitration";

- If you opt out, you may pursue claims in court (subject to these Terms' other provisions);

- Opt-out applies only to arbitration requirement; all other Terms remain binding.

27. STATUTORY RIGHTS PRESERVATION

27.1 Non-Exclusion of Statutory Rights

27.1.1 Consumer Protection Act Rights:

Nothing in these Terms excludes, limits, or waives rights granted by the Consumer Protection Act where applicable, including:

- Right to fair, honest, and transparent dealings;

- Right to safe, good quality goods and services;

- Right to disclosure of information;

- Right to fair value, good price, and value for money;

- Protection against unfair contract terms;

- Right to cancel advance bookings (subject to CPA provisions).

Note: These Terms are drafted to comply with CPA. Any provisions found inconsistent with CPA are severed and replaced with CPA requirements.

27.1.2 POPIA Rights:

As detailed in Sections 7-8, Data Subjects' rights under POPIA are preserved:

- Right of access;

- Right to correction and deletion;

- Right to object;

- Right to lodge complaints with Information Regulator;

- All other POPIA rights.

27.1.3 Labour Law Rights:

To the extent any labour legislation applies to Users (including protections for independent contractors under certain circumstances):

- Statutory rights are preserved;

- Disputes regarding employment status may be referred to CCMA or Labour Court;

- Constitutional rights to fair labour practices are not waived;

- Right to freedom of association is not restricted.

27.1.4 Constitutional Rights:

Nothing in these Terms restricts or waives constitutional rights, including:

- Equality and non-discrimination;

- Human dignity;

- Freedom and security of the person;

- Privacy;

- Freedom of expression, association, and religion;

- Access to courts and fair administrative action;

- All other constitutional rights.

27.2 Interpretation Consistent with Law

27.2.1 Pro-Consumer Interpretation:

Where Terms are ambiguous, interpretation will favor Users (contra proferentem does not apply per Section 1.2.8, but consumer protection principles do).

27.2.2 Severability:

If any provision is found invalid, illegal, or unenforceable:

- That provision is severed;

- Remaining provisions remain in full force;

- Invalid provision is replaced with valid provision closest to original intent;

- Entire Terms are not invalidated by one invalid provision.

27.2.3 Compliance with Law:

These Terms are interpreted and applied consistently with all applicable South African law. Where conflict exists, law prevails.

PART I: GENERAL LEGAL PROVISIONS

28. INTELLECTUAL PROPERTY RIGHTS

28.1 HireProStaff Intellectual Property

28.1.1 Ownership:

HireProStaff owns all Intellectual Property Rights in and to:

- Platform (website, mobile apps, software, code, algorithms);

- "HireProStaff" name, logo, branding, trademarks;

- Content created by HireProStaff (text, graphics, videos, guides);

- Database of User information (structure and compilation);

- Business methods, processes, and know-how;

- All derivatives and improvements thereof.

28.1.2 Protection:

HireProStaff's Intellectual Property Rights are protected by:

- Copyright Act 98 of 1978;

- Trade Marks Act 194 of 1993;

- Patents Act 57 of 1978;

- Designs Act 195 of 1993;

- Common law protections;

- International treaties and conventions.

28.1.3 Reservation of Rights:

All rights not expressly granted to Users are reserved by HireProStaff. Users receive no ownership rights, only limited licenses to use the Platform.

28.2 Limited License to Users

28.2.1 License Grant:

HireProStaff grants Users a limited, non-exclusive, non-transferable, revocable license to:

- Access and use the Platform for its intended purpose;

- View and interact with Platform content;

- Upload User-generated content;

- Communicate with other Users.

28.2.2 License Restrictions:

Users may NOT:

- Copy, reproduce, or duplicate Platform software or code;

- Modify, adapt, translate, or create derivative works;

- Reverse engineer, decompile, or disassemble Platform software;

- Remove or alter copyright notices, trademarks, or proprietary notices;

- Use Platform for unauthorized commercial purposes;

- Frame, mirror, or scrape Platform content;

- Use automated tools (bots, scrapers) to access Platform;

- License, sell, rent, lease, or sublicense access to Platform;

- Use Platform to develop competing services.

28.2.3 Revocation:

License is automatically revoked upon:

- Termination of User's account;

- Violation of these Terms;

- HireProStaff's discretionary revocation for any reason.

28.3 User-Generated Content

28.3.1 User Content Ownership:

Users retain ownership of content they upload:

- Profile information and photos;

- Reviews and ratings;

- Messages and communications;

- Any other User-created content.

28.3.2 License to HireProStaff:

By uploading content, Users grant HireProStaff a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to:

- Use, reproduce, modify, adapt, and publish User content;

- Display User content on Platform;

- Distribute User content to other Users and third parties;

- Create derivative works from User content;

- Use User content for marketing and promotional purposes.

Rationale: This license enables Platform functionality (displaying profiles, reviews, messages) and marketing (testimonials, case studies).

28.3.3 User Content Warranties:

Users warrant that their content:

- Does not infringe third-party Intellectual Property Rights;

- Is accurate and not misleading;

- Does not violate laws or regulations;

- Does not contain viruses or malicious code;

- Does not violate these Terms.

Users indemnify HireProStaff for any claims arising from User content.

28.3.4 Content Removal:

HireProStaff may remove User content that:

- Violates these Terms;

- Infringes Intellectual Property Rights;

- Is illegal, offensive, or inappropriate;

- Poses security risks;

- Is subject to takedown notices (DMCA-equivalent).

28.4 Trademark Usage

28.4.1 Prohibited Uses:

Users may NOT use HireProStaff trademarks, logos, or branding without express written permission, including:

- Using trademarks in business names or domain names;

- Creating derivative logos or marks;

- Implying endorsement, affiliation, or sponsorship by HireProStaff;

- Using marks in advertising or promotional materials.

28.4.2 Permitted Uses:

Users may:

- Reference HireProStaff by name in factual contexts (e.g., "I found work through HireProStaff");

- Display HireProStaff profile badges on personal websites (if provided by HireProStaff);

- Use HireProStaff marks as authorized in writing.

29. CONFIDENTIALITY

29.1 Confidential Information

29.1.1 Definition:

"Confidential Information" means non-public information disclosed by one party to another, including:

- Business User's proprietary information (recipes, methods, pricing, customer lists, financial information);

- Staff User's personal information beyond what is publicly displayed;

- Platform algorithms, source code, and technical information;

- Negotiations, disputes, and settlement terms;

- Any information marked or identified as confidential.

29.1.2 Exclusions:

Information is NOT confidential if it:

- Is publicly available (not through breach of confidentiality);

- Was known to recipient before disclosure;

- Is independently developed by recipient;

- Is required to be disclosed by law.

29.2 Confidentiality Obligations

29.2.1 Non-Disclosure:

Parties agree to:

- Keep Confidential Information strictly confidential;

- Not disclose to third parties without consent;

- Use Confidential Information only for authorized purposes;

- Protect Confidential Information with reasonable security measures.

29.2.2 Permitted Disclosures:

Confidential Information may be disclosed:

- To professional advisors (attorneys, accountants) under confidentiality;

- To insurers for claims purposes;

- To law enforcement or regulators as required by law;

- In legal proceedings (arbitration, litigation) subject to protective orders;

- With disclosing party's written consent.

29.2.3 Staff User Obligations:

Staff Users must not disclose:

- Business User's proprietary recipes, methods, or trade secrets;

- Customer information or guest details;

- Financial information or pricing;

- Business strategies or plans;

- Any information Business Users identify as confidential.

Violation: Breach of confidentiality results in immediate deactivation + civil action for damages + injunctive relief.

29.2.4 Business User Obligations:

Business Users must not disclose:

- Staff User's personal information beyond public profile;

- Staff User's financial information or earnings;

- Staff User's criminal background check results (highly confidential);

- Communications with Staff Users.

29.2.5 HireProStaff Obligations:

HireProStaff must not disclose:

- User information except as authorized by Privacy Policy and POPIA;

- Confidential business information of either party;

- Dispute details or settlement terms.

29.3 Return of Confidential Information

Upon termination or request, parties must:

- Return or destroy all Confidential Information;

- Certify destruction in writing if requested;

- Not retain copies (except as required by law).

30. TERMINATION

30.1 Termination by Users

30.1.1 Voluntary Termination:

Users may terminate their accounts at any time:

- Email: support@hireprostaff.co.za with "Account Termination Request";

- Complete all outstanding Shifts before termination;

- Settle all outstanding payments;

- Termination effective within 5-10 business days.

30.1.2 Effect of User Termination:

- Account access is disabled;

- User may not register new accounts without HireProStaff approval;

- Confidentiality, indemnification, and liability provisions survive;

- Outstanding obligations remain enforceable;

- Data is retained or deleted per Section 7.6.

30.2 Termination by HireProStaff

30.2.1 Termination for Cause:

HireProStaff may terminate accounts immediately for:

- Material breach of Terms;

- Gross misconduct or serious violations;

- Fraud, dishonesty, or criminal conduct;

- Repeated violations after warnings;

- Risk to Platform integrity or User safety;

- Legal or regulatory requirements.

30.2.2 Termination Without Cause:

HireProStaff may terminate accounts without cause upon:

- 30 days written notice;

- Refund of prepaid fees (prorated);

- Completion or cancellation of outstanding Shifts.

Reasons may include:

- Business strategy changes;

- Geographic service area changes;

- Platform closure or restructuring;

- Other business reasons.

30.2.3 Effect of HireProStaff Termination:

- Account access immediately disabled (termination for cause) or after notice period (termination without cause);

- User may not re-register without written approval;

- Outstanding payments processed per normal procedures;

- User obligations survive termination;

- Dispute resolution provisions apply to termination disputes.

30.3 Survival of Provisions

The following provisions survive termination:

- Sections 1 (Definitions), 5-6 (Independent Contractor Status);

- Sections 15 (Tax Obligations), 18-19 (Liability and Indemnification);

- Sections 25-27 (Dispute Resolution);

- Sections 28-29 (IP and Confidentiality);

- Section 30.3 (Survival);

- Any other provisions that by their nature should survive.

31. FORCE MAJEURE

31.1 Force Majeure Events

Neither party shall be liable for failure or delay in performance due to events beyond reasonable control, including:

- Acts of God (earthquakes, floods, fires, storms);

- Pandemics, epidemics, public health emergencies;

- War, terrorism, civil unrest, riots;

- Government actions (regulations, lockdowns, embargoes);

- Labor disputes, strikes, lockouts (not involving party's own employees);

- Telecommunications or internet failures;

- Power outages;

- Supplier or contractor failures;

- Any other unforeseeable events beyond reasonable control.

31.2 Notice and Mitigation

31.2.1 Notice:

Party affected by force majeure must:

- Notify other party promptly (within 48 hours);

- Describe event and expected duration;

- Provide updates as situation changes.

31.2.2 Mitigation:

Affected party must:

- Use reasonable efforts to mitigate impact;

- Resume performance as soon as reasonably possible;

- Seek alternative means of performance where feasible.

31.3 Rights and Obligations During Force Majeure

31.3.1 Suspension of Performance:

- Affected party's performance obligations are suspended during force majeure;

- Non-affected party may suspend reciprocal obligations;

- Payments for incomplete services may be refunded or credited.

31.3.2 Termination:

If force majeure continues for 60+ days:

- Either party may terminate affected Shifts or accounts;

- No liability for termination;

- Refunds processed for prepaid services not rendered.

31.4 COVID-19 and Pandemic Provisions

31.4.1 Pandemic as Force Majeure:

Pandemics (including COVID-19 and future pandemics) constitute force majeure events where they:

- Prevent Platform operation or Shift performance;

- Result in government-mandated closures or restrictions;

- Create unsafe conditions preventing work.

31.4.2 Specific Pandemic Policies:

During pandemics, HireProStaff may:

- Implement enhanced health and safety protocols;

- Require vaccinations, testing, or health screenings;

- Suspend services in affected areas;

- Modify Terms to address pandemic-specific concerns;

- Waive or reduce cancellation fees for pandemic-related cancellations.

32. GENERAL TERMS

32.1 Entire Agreement

32.1.1 Complete Agreement:

These Terms, together with:

- Privacy Policy (www.hireprostaff.co.za/privacy);

- Cookie Policy (www.hireprostaff.co.za/cookies);

- Community Guidelines (www.hireprostaff.co.za/guidelines);

- Any other policies referenced herein;

constitute the entire agreement between Users and HireProStaff regarding Platform use.

32.1.2 Supersession of Prior Agreements:

CRITICAL: THESE TERMS SUPERSEDE AND REPLACE ALL PRIOR AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS, AND COMMUNICATIONS, WHETHER ORAL OR WRITTEN, BETWEEN USERS AND HIREPROSTAFF.

All previous versions of Terms and Conditions are VOID and of no effect as of the Effective Date of these Terms.

If you registered under previous Terms, those terms are NO LONGER APPLICABLE. Your continued use of the Platform after the Effective Date constitutes acceptance of these current Terms.

32.1.3 No Reliance:

Users acknowledge they have NOT relied on any representations, warranties, or statements not expressly contained in these Terms.

32.2 Amendments and Updates

Governed by Section 2.3 (Amendments to Terms).

32.3 Waiver

32.3.1 No Waiver by Inaction:

HireProStaff's failure to enforce any provision does not constitute waiver of that provision or right.

32.3.2 Express Waiver Required:

Waivers must be in writing and signed by authorized HireProStaff representative.

32.3.3 No Ongoing Waiver:

Waiver of one breach does not waive future breaches or other provisions.

32.4 Severability

If any provision is found invalid or unenforceable:

- That provision is severed;

- Remaining provisions remain valid and enforceable;

- Invalid provision is replaced with valid provision

END OF TERMS AND CONDITIONS OF SERVICE

HirePro (PTY) LTD T&Cs

HirePro Staff