This Terms of Service Agreement ("Agreement") is a contract between you and FreelanceLocals, including its subsidiaries and affiliates. By using Freelancelocals.com, our mobile websites, or our applications, you agree to abide by and accept all the terms and conditions outlined in this Agreement.
1. Definition of Terms
Freelancer: An independent professional, seller, vendor, or talent providing services.
Buyer: A client, individual, or business using the platform to hire talent.
Service: The specific work or task performed by a Freelancer.
Marketplace: The digital environment where services are listed, discovered, and advertised.
User: Any person or entity using the site, including Buyers, Talent, and Premium subscribers.
Premium Services: Optional paid features or subscription plans offered by the Site.
2. Purpose of the Website and Services
The Site acts as a marketplace where Buyers and Talent can identify each other, advertise, and offer services. FreelanceLocals provides website services, including hosting and maintaining the Site.
Important: FreelanceLocals is not a party to any contracts formed between Users. When you engage a professional or accept a project, you form a Service Contract directly with the other User. FreelanceLocals is not a payment processor, employer, or agency. Using this site does not create an employment or service relationship between FreelanceLocals and any Talent.
3. Payments and Fees
All payments for freelance services rendered are handled directly between the Buyer and the Freelancer outside of the FreelanceLocals platform.
No Client Payments to Platform: Buyers do not pay FreelanceLocals for the services provided by Talent.
No Escrow: FreelanceLocals does not hold funds, provide escrow services, or facilitate the transfer of money between users for freelance projects.
No Commissions: We do not charge a percentage or commission on the value of the work performed between users.
Premium Plans: We offer subscription-based premium plans for additional functionality. These fees are paid to the platform and are separate from any project-related payments between users.
4. Digital Signature and Consent
By registering for an account, you are deemed to have executed this Agreement electronically. This is legally binding under the South African Electronic Communications and Transactions Act (ECTA). Your continued use of the website after any revision to these terms constitutes acceptance of the revised terms.
By registering, you consent to receive records and notices electronically. You may withdraw this consent at any time by contacting Customer Support. You agree to keep your email address and phone number updated on the Site to ensure you receive these notices.
5. Account Eligibility and Registration
To use the Site, you must register for an account. The Site is offered for business purposes. You must comply with any licensing or registration requirements necessary for your business in South Africa. You agree to complete your profile with true, accurate, and complete information. You are responsible for maintaining the confidentiality of your account password and must notify us immediately of any unauthorized use.
6. Identity Verification and Vetting
We collect basic information, contact details, and professional links to facilitate connections.
Important: FreelanceLocals does not conduct formal "Know Your Customer" (KYC) or professional background checks. We do not verify the legal status or professional credentials of users. It is the sole responsibility of the Buyer to vet the Freelancer and the Freelancer to vet the Buyer before entering into a work agreement.
7. Projects and Jobs
To maintain a high-quality marketplace, we monitor listings:
Moderator Contact: Clients may be contacted periodically to inquire about the status of a project.
Project Deletion: Projects may be deleted if the client has hired someone, if the client fails to respond to inquiries within 30 days, or if the project is illegal or a scam.
Responsibility: Clients must provide timely responses and update the status of their projects.
Notification: Clients will receive notification prior to deletion and may appeal the decision through customer support.
8. Refund and Cancellation Policy
This section applies strictly to Premium Services and subscriptions purchased from FreelanceLocals.
Subscription Cancellation: You may cancel your premium subscription at any time via account settings. Access remains until the end of the current paid billing cycle.
ECTA Cooling-Off Period: In accordance with Section 44 of the ECTA, you may cancel a new subscription within 7 days of purchase for a full refund. This does not apply if the premium features have already been utilized to contact talent or secure a placement.
General Refunds: Outside of the 7-day cooling-off period, all payments to FreelanceLocals are non-refundable. We do not offer prorated refunds.
Freelance Project Refunds: Because payments for jobs happen off-platform, FreelanceLocals is not responsible for any refunds, deposits, or cancellations regarding work between a Buyer and a Freelancer. These must be settled directly between the parties.
9. Disputes
FreelanceLocals does not process or hold payments for freelance services.
Service Disputes: Any disputes regarding quality, deadlines, or non-payment must be resolved directly between the Buyer and the Freelancer. FreelanceLocals will not mediate or intervene in these financial or performance disputes.
10. Taxes and Formal Invoices
Freelancers are independent contractors and are solely responsible for their own tax liabilities, including VAT and Income Tax, to the South African Revenue Service (SARS).
11. Anti-Discrimination and Conduct
FreelanceLocals condemns discrimination based on gender, race, disability, or any other protected characteristic in accordance with South African law. Users are prohibited from engaging in any form of harassment.
12. Promotion and Privacy
Users grant FreelanceLocals the right to use their public profiles and information for promotional purposes. We handle all personal data in accordance with the Protection of Personal Information Act (POPIA) and our Privacy Policy.
13. Termination
FreelanceLocals may terminate or suspend your access to the Site for a breach of these terms. These terms remain in effect until your account is terminated or the Agreement is ended.