Terms of Service
Terms and Conditions
These are the terms and conditions (Terms) for www.bidbeat.co.za and any other websites through which Bidbeat makes its online platform (Platform) available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application"). The Site and Application are operated by Bidbeat (Pty) Ltd (we, us and our). We are a Private company, registered in South Africa.
The Site and Application makes available an online platform for professionals who provide services (Professionals) and customers who wish to purchase services (Customers) to arrange for various services (Services) to be offered by Professionals and made available to Customers
Your use of the Site and Application and/or the offering of any Services through the Site and Application, is subject to these Terms and by using the Site and Application and/or offering any Service through the Site and Application you agree to be bound by these Terms.
You should print a copy of these Terms for future reference.
Use of your personal information submitted to or through the Site or Application is governed by our Website Privacy and Cookies Policy located here.
We reserve the right to change these Terms from time to time by changing them on the Site and Application and you are responsible for checking the current terms on the Site and Application. If you continue to offer Services via the Site and Application after these Terms have been changed you will be deemed to have accepted the new Terms. These Terms were last updated on September 22nd, 2016.
We provide an online platform where Professionals can provide quotes for their Services to Customers who have requested the type of Service that the Professional can offer or provide.
If the Customer wishes to proceed with a quote, the Professional and Customer shall contract directly with each other in relation to the provision of the particular Service and Customers will be obliged to pay Professionals direct.
We do not provide the Service, or make any representation or warranty about Customers, their likelihood to select you or your Services, and we are not responsible for your or their obligations. We have no obligations regarding Customers payments (or any other obligations of Customers), which remain their sole responsibility under their direct contract with you. Equally we are not responsible for your Services or any problem or delay in providing them, or for any dispute over the amount due to be paid by the Customer. We are not an agent or partner of any Professional or Customer.
You must be 18 years of age or over to offer Services as a Professional on the Site and Application, and may only offer Services as a professional tradesperson.
In order to become a Professional on the Site and Application, you will need to register for an account with us first. In order to set up an account with us you must complete the account registration form available on the Site. You only need to register once. Registration is subject to agreement by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason.
You must ensure that any registration details you provide are accurate. To register an account with us, you must provide us with accurate, complete and up-to-date contact information, including your name, the legal name and details of your business, physical address, telephone number and email address. You are responsible for the information you provide to us. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update the information you have provided us with, including your account settings, in the relevant area of the Site.
We will also ask you a number of questions in order to create your Bidbeat profile (Profile). Your Profile should include information such as details of the Services you provide, appropriate images and videos, references and your credentials. We are not obliged to review or edit the Profile but we may ask you to make changes to ensure it is presented in a helpful way for Customers. See the Your Profile section for further information below.
When you register we will review each Service you wish to list to ensure that it fits into one of our supported categories (see Services section below). Any Service that is not supported on the Site and Application will be declined.
If your application to register to use the Site and Application is accepted (which will be entirely at our discretion), you will be allocated a username and password (together referred to as your Credentials). You must keep your Credentials confidential and must not reveal them to anyone else.
You are responsible for all activities that occur under your Credentials. You must notify us immediately at firstname.lastname@example.org if you know of, or suspect, that anyone has obtained access to your Credentials, or if you otherwise become aware of any unauthorised use of your Credentials or other security breach.
Unless we have previously been notified by you in writing to email@example.com that the confidentiality of your Credentials has been compromised, we are entitled to treat any use of the Site or Application (including any quote for Services via the Site or Application) under your Credentials as being by you.
We may disable access via your Credentials at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Site and Application, if you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering prove to be false.
You must not create multiple user accounts to avoid suspension or termination.
When a Professional creates a profile on the Site, we may take a number of steps to verify their identity. These may include:
- Verification of contact information including email address and contact phone number.
- Verification of social media accounts that the Professional may choose to link to their Profile.
- Validation of business addresses and conducting basic business information checks for solvency and other key details in relation to private companies.
- Confirmation of personal details and conducting basic consumer checks into credit history and other information for sole traders.
- Checks with third parties such as TransUnion
- Identity checks using name, address, and DOB
- Address verification using our payment provider (currently Payfast)
- Requesting up to date criminal record checks to be provided.
By registering on the Site and Application you agree to the above uses of your information.
The Site and Application allows Customers to search for and Professionals to quote for a wide range of Services. Please see the applicable page on the Site for further details of the Services that are allowed on the Site. There are certain Services that we don't allow on the Site and Application, such as (currently), but not limited to, babysitting, elderly care, property rental, money lending and companion services. The types of Services that are allowed or not is under regular review and it is at our sole discretion as to whether a Professional may be allowed to list their Services or not. We reserve the right to discontinue the listing of any particular Service at any time or to add to the range of Services that may be listed at any time. In general, if a Service is not listed as part of the new user sign up process for Professionals then we do not support it but it may be added at a future time.
Physical products or virtual goods are not suitable for listing on the Site and Application as the Site and Application relates to provision of Services only. If your Service includes a product by way of virtue of the Service provision, such as hot tub rental with delivery and set up, for example, then that is allowed. However sale of standalone products such as electronics or digital downloads are not suitable for the Site or Application.
We will not accept listings that promote attendance at events or otherwise list tickets for sale. The Site and Application are only applicable to the RSA and Professionals cannot offer Services outside of the RSA. The Service listing and Profile must be in English.
You must be honest in relation to all detail you provide about the Services you can offer and your skills and experience. You must not misrepresent any detail about the Services such as where you can perform them or at what cost and you must not include any fraudulent or illegal information.
Your Profile should reflect the best about your business. Be as detailed as you can and include evidence of your past work through images and videos, get references from past customers and peers.
Professionals may add any relevant licences, qualifications and memberships to their profile. We may, but are not obliged to, attempt to verify the licence, qualification and membership before such information can be posted to your Profile.
You may ask past Customers, colleagues or other third parties for references to add onto your Profile.
Remember that everything that you include on your Profile and which is published by us will be available for potential Customers to see.
Customers will send us requests for Services that they require (Request). We will review these Requests and send each Request to a selection of Professionals to review and decide if they want to quote for the job (in our complete discretion).
The Customer will be asked a number of questions and may provide images and/or video, where possible, as well to enable Professionals to provide an accurate quote, if possible.
Once you have reviewed the Request, if you wish to quote for the job you should prepare your custom quote to include a cost estimate and personal message to send to the Customer. If your quote is sent to the Customer (see below for details) we may also send your Profile along with your response (collectively the Customer Quote).
If you need more information to be able to provide an accurate cost for the job, please indicate that you need more information in your Customer Quote but be clear about how you price your work. By providing a Customer Quote you are representing (and warrant to us) that you are appropriately skilled, qualified and available to carry out the relevant work, and that the Customer Quote is a reasonable estimate of the cost of the work to be undertaken based on the information received from the Customer. You may not deliberately under or over quote.
Each Customer will receive a number of Customer Quotes for each Request that they submit to the Site or Application. The number of Customer Quotes we choose to provide may vary from Service to Service (for example we may choose to send 10 for wedding planning whereas 5 for handymen) – we will indicate the number for each Service on the Site and Application but may change these numbers in our discretion in order to make the Site and Application as effective possible. We send the Customer the first X Customer Quotes we receive back (X being the relevant number for the Service as explained above) and do not review, moderate or select the Customer Quotes in any way (although we reserve the right to do so and may reject Customer Quotes in our discretion). It is simply a first come, first served system. If we receive the relevant number of Customer Quotes from other professionals before we receive yours then yours will not be sent to the Customer.
Once a Customer has received your Customer Quote they may or may not contact you to discuss it further. We have no responsibility if the Customer chooses to ignore or not take you up on your Customer Quote. If you don't hear from the Customer you should assume that you have not been selected in that instance.
A Customer will be able to contact you via email or the relevant phone number you have provided on the site.
Conclusion of Contract
If you and a Customer agree to proceed with the purchase of and provision of a Service, the contract for the provision of the Service will be as between you and the Customer only. We are not responsible for or part of that contract and do not agree any terms of that contract. You and the Customer must agree all the terms applicable to the provision of the Service and ensure that an appropriate contract is in place.
Any payments for the Service are as between the Professional and the Customer and we do not get involved in the transmission or arrangement of such payment.
Customer materials and information
You may only use Requests and any other information or materials provided by Customers (including images and video) (Customer Materials) for the sole purpose of assessing the work and preparing a Customer Quote. You will keep such Customer Materials confidential and secure from third party access at all times.
In order to provide Customer Quotes to Customers, you need to purchase Quote credits for each Service category (Credits). Price of the Credits is as stated on the Site and may vary from time to time.
You must have enough Credits in your account to be able to provide a Customer Quote. You may purchase more Credits on a top-up basis where you have used up your current Credit allowance.
Credits will expire 12 months after purchase. We may (but are not obliged to) notify you prior to expiry of the Credits.
If you don't have enough Credits in your account, you will not be able to provide a Customer Quote, however, Credits will only be taken from your account if a Customer is sent your Customer Quote. If you send your Customer Quote too late and it is not sent to a Customer, no Credits will be taken from your account.
Different Service types require the same number of Credits at different prices to be able to provide a Customer Quote. The number of Credits required for each Service will be displayed alongside each customer Request you receive from the Platform. Please see the credit section of the help centre to view the cost charged for Credits.
We may change the price of Credits or the number of Credits needed to provide Customer Quotes but changes will not apply to Credits already held.
Credits may be bought via credit or debit card on the Site.
Credits are non-refundable unless we remove Service categories from the Site which you have selected.
We reserve the right to suspend a payment if the source of the funds used for payment of the Credits is suspected to be fraudulent. Any funds received fraudulently or where we suspect they have been received fraudulently will be reversed immediately and we may inform the appropriate authorities or the police.
All payments will be made in South African Rands.
Prices exclude VAT. This will be automatically added to the total amount due when you place purchase Credits.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
After you have provided a Service to a Customer, you may choose to provide a review and feedback of that Customer to help other Professionals decide whether to work for that Customer in the future (Feedback).
If you provide Feedback about a Customer you must follow this Section and the Sections below in relation to Professional Content standards.
You must be honest in all Feedback you post. You must not post negative Feedback unless it relates to genuine non-payment without grounds for a valid dispute by the Customer.
Professional Content Standards
These standards apply to any and all content of any kind you submit to or through the Site or Application, including all content contained within Profiles, all reviews you may post about a Customer including Feedback or any other comments that you post on the Site (“Professional Content”). You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Professional Content as well as to its whole.
Professional Content must:
- be relevant to the purpose of the Site and Application; where it states facts, be accurate to the best of your knowledge, information and belief; and comply with applicable law in South Africa and in any country from which it is submitted.
Professional Content must not:
- be unlawful in any way;
- contain any material which infringes any intellectual property right or other right of any other person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations;
- contain fraudulent information or offer for sale Services that cannot legally be sold under any applicable law in South Africa;
- offer services that competes with the Site, Application, or Bidbeat (Pty) Ltd;
- contain any hyperlink to any page of an internet site that resides behind a ‘paywall’ or other login screen or any ‘deep link’ where ‘deeplinking’ (except to the Site’s home page) is prohibited by the site operator;
- contain any material which is defamatory of any person or entity;
- be likely to mislead or deceive any person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- be menacing, threatening, abuse or invade another´s privacy, or cause harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;
- contain or promote sexually explicit material;
- promote violence or aggression;
- promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse;
- be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- disrupt the normal flow of dialogue with an excessive amount of Professional Content (flooding attack) to the Site or Application, or that otherwise negatively affects other users’ ability to use the Site or Application;
- contain any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- be posted by a third-party agent, service, or intermediary that offers to post content on behalf of others without express permission from us; or
- give the impression that it emanates from us, if this is not the case.
Right to submit and use Professional Content
You acknowledge that you are responsible for ensuring that you have the right to submit all Professional Content you submit to or through the Site and that no such Professional Content breaches the Professional Content standards set out above.
By submitting any Professional Content:
- you represent and warrant to us that you have the right to submit that Professional Content and that it does not breach the Professional Content standards set out above; and
- you agree that you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable right to use, reproduce, modify, publish, and display that Professional Content (in whole or part) but only in order to operate and promote the Site.
We reserve the right, in our sole discretion, to delete, edit or modify any Professional Content submitted by you, at any time, with or without notice to you.
Whilst we will attempt to remove or edit any objectionable Professional Content (including ratings, reviews and comments) brought to our attention (and which we agree is objectionable) as quickly as reasonably possible, you acknowledge that we do not pre-screen or moderate user input or Professional Content (except where these Terms say that we do, I.e. in relation to your Profile, the verification of licences, qualifications and memberships). As a result, there is always a possibility that, by using the Site or Application, you may be exposed to content that you find objectionable, such as views about you posted by others.
If you need to make changes to your Profile or any other Professional Content you should email us at firstname.lastname@example.org.
You agree to indemnify us, on demand, against all losses, liabilities, amounts paid in settlement, costs and expenses suffered or incurred by us as a result of any claim arising out of or in connection with:
- any Service you provide (or fail to provide);
- any Customer Quote;
- any Professional Content (including your Profile and any Feedback) you submit to or through the Site;
- any use of Customer Materials; or
- any use you make of the Site or Application.
This indemnity will survive termination or closure of your account for whatever reason.
Termination of your Account
We may terminate your account upon your request at any time, but we will not refund your Credits (save where you have a right to terminate under these Terms due to our breach).
We may, at our discretion where we consider this reasonably necessary (for example if you are in breach of these Terms), immediately terminate your account and all access to the Site and Application without prior notice. In this case we will reimburse unused Credits (save where the reasons for termination if your breach of these Terms)
We may terminate your account if you are in breach of these Terms and you may do the same if we are in breach.
We will not be liable to you or any third party for the termination of your account.
All provisions of these Terms which are intended to have effect or to bind either party following any expiry or termination of this agreement or its transfer or assignment in whole or in part, including the following Sections: Right to submit and use Professional Content, Termination of your Account, Liability, General, Confidentiality and Governing law and jurisdiction shall survive expiry or termination of these Terms to the extent permissible by law.
A. The Site and Application are online platforms which are intended to be used to allow Professionals and Customers to connect and arrange for the provision of Services directly with each other. Subject to the provisions of this Section, we are not responsible for and disclaim any and all liability related to the provision of Services as between Professionals and Customers.
B. You agree that your use of the Site and Application and provision of Services is entirely at your own risk. No representations are made by us regarding the Customers who may be sent your Customer Quote, the number of times your Customer Quote will be sent to Customers or the number of jobs you will win and you should make your own assessment when deciding whether or not to provide a Service to a particular Customer. We do not endorse any content submitted by Customers or any opinion, reliability or ability to pay expressed by the Customers and we expressly disclaim any and all liability in connection with the foregoing.
C. Nothing in these Terms shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or any other liability that under English law may not be limited or excluded.
D. Subject to C above in no event shall we be liable to you (including by reason of negligence) in contract, tort or otherwise, for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
E. Subject to C and D above, our total liability arising under or in connection with these Terms or any breach or non-performance of these Terms no matter how fundamental (including by reason of negligence) in contract, tort or otherwise shall be limited to the total value of the Credits you have purchased from the Site or Application or R1000 whichever is greater.
You may not transfer or assign any or all of your rights or obligations under these Terms.
All notices given by you to us must be given in writing to the address or email address set out at the end of these Terms. We may give notice to you at either the email or physical address we hold for you as updated by you in your account from time to time.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms is found to be invalid or unenforceable, all other provisions shall remain unaffected.
These Terms may not be varied except with our express written consent.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Headings are for references purposes only and in no way define, limit, construe or describe the scope or extent of any Section.
These Terms and any document expressly referred to in them represent the entire agreement between us.
Each party shall keep confidential all confidential information. Each party may disclose confidential information to its professional advisers but otherwise will only disclose confidential information to those of its employees, officers, sub-contractors and agents who (i) need to know it for the purpose of exercising or performing its rights and obligations under these Terms; (ii) have been informed of the confidential nature of the confidential information divulged; and (iii) agree to act in compliance with the confidentiality requirements of these Terms.
Neither party will disclose confidential information to any third party except as otherwise permitted in these Terms.
Notwithstanding any other provision of these Terms, it shall not be a breach of them for either party to:
- disclose any confidential information pursuant to a court order or a binding request from a regulatory (or other analogous) authority with jurisdiction or from any other third party with power to require the disclosure of such information, provided that (to the extent it is permitted to do so) the affected party: (i) gives all reasonable notice of such disclosure to the other party; (ii) reasonably limits such disclosure to the confidential information so required; and (iii) cooperates with the other party to seek injunctive relief or a protective order for such confidential information if so requested by the other party; or
- disclose the existence and terms of these Terms to an actual or genuine potential purchaser of that party or of all or any part of that party’s business, provided that such disclosure is made under conditions of confidentiality at least as onerous as those set out in this Section.
Governing law and jurisdiction
These Terms are governed by South African law, and you agree that any dispute between you and us regarding them or the Site or Application will only be dealt with by the South African courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.