General Terms and Conditions
The Terms and Conditions (referred to as ‘Terms’) of Use are set forth, under which individuals may use the ‘‘SP Connect’’ Site are described below.
- It is the understanding that all registered Users of ‘SP Connect’, be it a Customer or Service Provider accept these Terms and Conditions in their entirety.
- By using the Site or the Services, you hereby agree to understand and accept these Terms
- Your continued use of the Site or the Services after such effective date will constitute acceptance by you of such changes.
For purposes of these Terms, the “Site” shall mean the ‘SP Connect’ web site and mobile applications / websites operated by ‘SP Connect (PTY) LTD, based in South Africa and trading as ‘SP Connect’, with registration 2016 / 347604 / 07.
Refer the ‘About us’ link on the Home Page for details regarding Company Directors and Managers.
1. DESCRIPTION OF SERVICES:
‘SP Connect’ mission is to provide an online Web Portal to connect self-employed Service Providers and prospective Customers.
We strive to fulfil this mission by making available an online quotation request system, Search and Communication tools to find an appropriate Service Provider, as well as providing a Service Review feature, post work completion.
Our Services will continue to grow and change. Please refer to our Site for further information about the Services we provide.
2. SERVICE LIMITATIONS
The Service Offering of this Site is limited to the borders of South Africa.
As the Service Provider profile content is primarily user generated, we do not control or vet user generated content for accuracy as a general matter. As such, we cannot accurately verify the authenticity or completeness of experience, training, qualifications and authorisations that the Service Providers post in their profiles.
‘SP Connect’ does not make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Service Providers. Neither do we subscribe to the integrity, responsibility or actions of such registered Service Providers whether in public, private or offline interactions.
The Online Portal, however lends itself to reviewing past service, as such, this should be mitigating factor when selecting a Service Provider.
3. SITE DISCLAIMER:
‘SP Connect’ is not responsible for the conduct, whether online or offline, of any user (Service Provider or Customer) of the Site or the Services. ‘SP Connect’ is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
‘SP Connect’ does not assume, and expressly disclaims, any liability that may result from the use of information provided on our Site or any other venue.
All users, including both Service Providers and Customers, do hereby expressly agree not to hold ‘SP Connect’ (or ‘SP Connect’s directors, administrators, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, partners, resellers, or employees, hereinafter “Affiliates”) liable for the actions or omissions of any User (Service Provider or Customer) for any information, instruction, advice which originated or services that were arranged through the Site, and, to the maximum extent permissible under applicable law.
All registered Service Provider and Customer hereby irrevocably waive any right they may have to bring a claim against ‘SP Connect’ and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
4. USER RESPONSIBILITIES:
Our Services are available only to individuals who are eighteen (18) years of age or older and can form legally binding contracts under applicable law. If you are not eighteen (18) years of age or older, do not register to use the Site or Services.
As ‘SP Connect’ is unable to absolutely verify the identity of or any information provided by Service Providers (e.g., the authenticity or completeness of profile detail such as qualifications, the experience or suitability etc.) registered Customers are solely responsible for selecting an appropriate Service Provider for themselves.
4.1.1. SP Connect recommends using the following Safety Guideline for recommendations on how to make more informed selection decisions:
- Aspects to be taken into consideration when selecting with a Service Provider should include requesting proof of experience, training, qualifications, authorisations and suitability for the service that they are performing.
- When engaging with Service Providers, we recommend that you request the Service Provider to quote the unique security code prior work access to your site/work commencement.
- Furthermore, you are well within your rights to request Service Providers to bring to site photographic ID to verify their identity and original copies of documentation to verify their identity, experience, training and qualifications.
Customers may not post any quotation requests that directly or indirectly promotes or discriminates against age, gender, race, sexual orientation, religion or disability.
Each Customer is also responsible for complying with all applicable employment, anti-discrimination and other legislation in connection with any relationship they establish with a Service Provider.
4.2. Service Providers
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.
If you are registering to be a Service Provider, you must be permitted to legally work within South Africa and you must have the experience, training, qualifications and authorisations required by law or otherwise for the positions for which they apply.
Furthermore, all Service Providers undertake to hold any registration and a valid licence from appropriate authority or authorities as may be applicable for your services.
If applicable and required, Service Providers should have their own independent insurance cover to cover their work activity.
In addition, you represent and warrant that you have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offense involving violence, abuse, neglect, theft or fraud, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, nor have ever been on any Independent Safeguarding Authority barred list or the sex offenders register or other similar list.
5. RULES FOR USER CONDUCT AND USE OF SERVICES:
5.1. Registration, Posting, and Content Restrictions
Your account is for your sole, personal use. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
The following rules pertain to User Content, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through ‘SP Connect’ Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”). By transmitting and submitting any User Content while using our Service, you agree, represent and warrant as follows:
- You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
- You will register your account in your own legal name, however you are welcome to use a ‘Trading name / Business / Profile name’.
- You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”) on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any User Content emanates from ‘SP Connect’ where this is not the case.
- You may not provide inaccurate, misleading, defamatory or false information to ‘SP Connect’ or to any other user of the Site, and all opinions stated as part of User Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others.
- You understand and agree that ‘SP Connect’ may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of ‘SP Connect’ violates this Agreement or which ‘SP Connect’ determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.
- Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with all applicable laws and regulations.
You agree that ‘SP Connect’ has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by ‘SP Connect’, are those of their respective authors. Such authors are solely responsible for such content. ‘SP Connect’ does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service or any other venue, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service or any other venue. Under no circumstances will ‘SP Connect’ be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site, Service, or any other venue; or b) reviews or comments made about you on the Site or other venue by other users.
5.3. Prohibited Uses
By using the Site or Services of ‘SP Connect’, you agree that you will not under any circumstances:
- use the Site, Services, or other venue, or any information contained therein, in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Services for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s ‘SP Connect’ account without permission;
- provide false or inaccurate information when registering an account on ‘SP Connect’, using our Services or communicating with other Registered Users;
- post any job where there is a risk to the health and safety of any Service Provider at the location where the work is to be performed;
- except where allowed by applicable law, post jobs which require the Service Provider to provide information relating to his/her:
- (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health, (vi) sexual life, (vii) the commission of criminal offences or proceedings, or (vii) age;
- attempt to re-register with SP Connect, if we have terminated your account for any or no reason;
- interfere or attempt to interfere with the proper functioning of ‘SP Connect’ Services;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- use the communication systems provided by or contacts made on SP Connect for any commercial solicitation purposes;
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.
Should ‘SP Connect’ find that you violated the terms of this Section or any terms stated herein, ‘SP Connect’ reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. Further, in order to protect the integrity of the Site and the Services, ‘SP Connect’ reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
6. VERIFICATION CHECKS:
6.1 Consent to run verification checks
By using this Site or Services, you understand and agree that ‘SP Connect’ may review the information provided by the third-party verification service and that ‘SP Connect’ retains the right to terminate your ‘SP Connect’ registration based on the information it receives. You also hereby represent, understand and expressly agree that ‘SP Connect’ does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW ‘SP Connect’ TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE ‘SP Connect’. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
6.2. Release of Liability for Results of Verification Checks
‘SP Connect’ has no obligation to perform Verification Checks on any Registered Users. To the extent ‘SP Connect’ performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive of accuracy of any of the information those users have provided or of their eligibility to use the Services.
The results of any Verification Checks on you may impact your ability to access and use ‘SP Connect’ Services. You are not eligible to register with ‘SP Connect’ if any of your Verification Check results indicate that you have falsified your legal name, address or date of birth, or indicate any background information that in our sole discretion disqualifies you from using our Site or Services.
You understand that ‘SP Connect’ may review the information provided by any third parties that provide Verification Checks, and that SP Connect retains the right in its sole discretion to terminate your ‘SP Connect’ registration if any of the information it receives indicates you are not suitable for our services.
You do hereby represent, understand and expressly agree that any Verification Checks are performed by separate third party verification services, and that ‘SP Connect’ does not have control over or assume, and expressly disclaims, any responsibility for the quality, accuracy, or reliability of, and any liability that may result from the use of, or reliance on, the information such third party services provide.
7. TERMINATION OF REGISTRATION
If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual’s use of the Site or the Services, ‘SP Connect’ reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.
9. LINKS TO EXTERNAL SITES:
Links from the Site to external sites (including external sites that are framed by ‘SP Connect’) or inclusion of advertisements do not constitute an endorsement by ‘SP Connect’ of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users reference and convenience.
Users access these sites at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. ‘SP Connect’ does not control such sites, and is not responsible for their content. Just because ‘SP Connect’ has hyperlinks to such sites does not mean that ‘SP Connect’ endorses any of the material on such sites, or has any association with their operators.
10.1 Customers - Billing and Payment for the use of Service Providers services:
To the extent you elect to engage in chargeable Services through SP Connect, by:
(a) Accepting a Service Providers quotation (and the Service Provider incurs expenses as a condition of the acceptance of the quotation)
and / or
(b) Work activities are completed as per quotation request conditions.
You authorize SP Connect to issue an invoice to you, as per the accepted quotation conditions, on behalf of the Service Provider.
SP Connect will engage with PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks, to request the payment of the invoice on behalf of the Service Provider. Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the SP Connect bank account, the details of which will be provided on request.
PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
At no stage will SP Connect store your Banking details. Confidential Banking details will always be managed by PayGate.
10.2 Service Providers - Billing, Payment and Service Fee: Once you as a Service Provider indicate via the SP Connect Site that the work is complete, as per the conditions of the issuing and acceptance of the appropriate quotation request. Confirmation to this extent, will be sent to the customer to request acknowledgement of work completion.
Once the customer confirms completion, SP Connect will issue an invoice to the customer on your behalf. In addition, SP Connect will engage with a Trusted 3rd party ‘Payment Gateway Supplier’ to request the payment of the invoice on your behalf.
Once the customer payment has been cleared and received by SP Connect. The SP Connect Admin Team will endeavour to pass payment into your supplied Bank Account within 3 Business Days, less the Service Fee. SP Connect cannot be held accountable for certain Banks longer clearing periods.
The Service Fee for making use of SP Connect’s services will be 2.5% of the Customer’s accepted quotation request plus Bank Charges fees (current fee approximately 3.5%). Service Providers are advised to take note of the Service Fee obligations when issuing quotations.
10.3 Refund Policy
As the nature of this service is a direct contract between Service Providers and Customers, To the extent permitted by law, SP Connect does not as a general rule provide refunds or credits for Service Fees or other purchase cancellations.
One payment has been passed, refunds must be managed directly between the Service Provider and the Customer. Refer Section 11 regarding Payment disputes.
11. RELEASE OF LIABILITY FOR USER CONDUCT AND PAYMENT DISPUTES:
SP Connect does not introduce or supply Service Providers, nor do we select or propose specific Service Providers to Customers. Instead, we offer an Online forum that among other things enables:
(a) Customers to seek the services of a Service Provider through the use of the Site or Services.
(b) Service Providers to post profiles and submit quotation proposals to Customers regarding their services.
Any agreement between a Customer and a Service Provider regarding the provision of services is solely between the Customer and the Service Provider. SP Connect is not a party to any such agreement.
Any issues concerning the conduct of a Service Provider or Customer including, without limitation, the services received by the Customer or payment due to the Service Provider, must be resolved directly by the Customer and the Service Provider.
SP Connect will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to indemnify and hold SP Connect harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site.
SP Connect will use its reasonable efforts to monitor Service Provider and Customer profiles, comments, and general usage of the Site and suspend privileges to any Service Providers and/or Customers not adhering to the Policies.
You agree to take reasonable precautions in all interactions with other users of the Site or the Services, particularly if you decide to meet offline or in person. In addition, you agree to review the SP Connect Safety Guideline (Refer Section 4.1), prior to using the Service. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to SP Connect immediately by notifying SP Connect of the same via electronic correspondence.
12. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION:
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by SP Connect, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
To the maximum extent permitted by applicable Law, SP Connect does not:
- Warrant the accuracy, adequacy or completeness of this information and material
- Adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any party, other than SP Connect.
- Warrant that your use of the Services will be secure, free from Computer viruses, uninterrupted, always available, error free or will meet your requirements or that any defects in the service will be corrected.
- Give any warranties of fitness for a particular purpose or non-infringement of third party rights to the extent permitted by applicable law. SP Connect expressly excludes all conditions, warranties and other terms which may be implied and disclaims liability for errors or omissions in this information and materials.
In addition, and without limiting the foregoing, SP Connect makes no representation or warranties of any kind whether express or implied regarding the suitability of any registered user of our site to provide services as a Service Provider or to employ the services of a Service Provider.
12.2. Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with Registered Users of the Site or the Services. You agree to take all necessary precautions when interacting with other Site Visitors or Registered Users.
12.3. Limitation of Liability
This website is governed by the laws of South Africa and as such, SP Connect chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Incidental Damages and Aggregate Liability:
In no event will SP Connect be liable for any indirect or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email or message distributed to any user or any linked web site or use thereof or inability to use by any party, or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if SP Connect, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Nothing in these Terms limits or excludes, or will be deemed to limit or exclude, SP Connect liability for fraudulent misrepresentation, death or personal injury caused by SP Connect negligence or liability that may not otherwise be limited or excluded by law.
No Liability for non-SP Connect Actions:
To the maximum extent permitted by applicable law, in no event will SP Connect be liable for any damages whatsoever, whether direct, indirect and/or consequential, arising out of, or relating to the conduct of you or anyone else in connection with the use of the site or the services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from anyone’s reliance on information or other content posted on the site, or transmitted to or by any users or any other interactions with other registered users of the site or services, whether online or offline. this includes any claims, losses or damages arising from the conduct of users who have registered under false pretences or who attempt to defraud or harm you.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. SP Connect makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
13. CONTACT INFORMATION:
If you have any questions or need further information as to the Site or Services provided by SP Connect, or need to notify SP Connect as to any matters relating to the Site or Services please contact SP Connect at:
Address: 183 Albion Springs, Rondebosch, Cape Town, 7700
Telephone: +27 (0)21 140 1560
For any queries, send us an email on: firstname.lastname@example.org