BOOKING TERMS AND CONDITIONS
ENTERED INTO BY AND BETWEEN
NEXT PLATFORMS (PTY) LTD T/A FLEXYFORCE
(as defined on the Flexyforce Software)
(as defined in the Flexyforce Software)
- In this Agreement:
- clause headings are for convenience and are not to be used in its interpretation;
- unless the context indicates a contrary intention, an expression which denotes:
- any gender includes the other gender;
- a natural person includes a juristic person and vice versa;
- the singular includes the plural and vice versa.
- Capitalised terms not defined herein shall bear the same meaning as the appropriate agreement and/or terms and conditions in which such terms have already been defined.
- The following expressions bear the meanings assigned to them below and cognate expression bear corresponding meanings:
- “Agreement” means these Booking Specific Terms and Conditions Agreement, which Agreement is to be read together with and operate in addition to all other terms and conditions as contained in the Flexyforce Software from time to time;
- “Booking” means the booking specifications and requirements that a Company requires to be adhered to by the Supplier, and which the Company may elect when appointing the Supplier using the “My Booking” portion of the Flexyforce Software;
- “Cancellation Fee” means a percentage of the Booking Fee which is determined in accordance with the selected cancellation policy;
- “Company” means a user of the Flexyforce Software, which elects to appoint a Supplier to provide certain Services to the Company;
- “Effective Date” shall mean the date upon which the Supplier, by way of clicking the “Request to Book” button on the relevant Supplier’s Profile on the Flexyforce Software, signifying their consent to the terms and conditions of this Agreement;
- “Supplier” means an independent contractor, consultant, freelancer, consultant, sole proprietor, small to medium size business (SME) or any legal entity rendering services for hire as the case may be, which is invited to join a Company’s Supplier Network. The Suppliers include, but are not limited to, creative and technology freelancers, independent professional service providers, management consultants, subject matter experts, public speakers, facilitators, coaches and trainers in any type of trading format;
- “Supplier Booking Rate” means the rate charged by the Supplier to a Company, as displayed on their Supplier Profile, which shall in accumulation on a specific Booking, amount to the Supplier Booking Fee;
- “Supplier Booking Fee” shall refer to the fees as charged by Supplier to the Company, determined in accordance with the Supplier Booking Rate, and paid to the Supplier in accordance with clause 8 hereof;
- “Flexyforce” means Next Platforms (Pty) Ltd t/a Flexyforce, bearing registration number 2015/134958/07, and includes employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, clients, service providers and suppliers;
- “Credits” shall mean an amount purchased upfront by a Company, and which amount shall be redeemable for the Subscription Fee, Payment Fee, and/or the Supplier Booking Fee in respect of a Booking or multiple Bookings, as and when the Company wishes to do so.
- “Supplier Network” means the Suppliers which a Company has engaged with, and/or continues to engage with, for the rendering of Services, through the Flexyforce Software;
- “Payment Fee” means the payment made by the Company to Flexyforce for the use of the Flexyforce Software, which shall range between 3% (three percent) to 9% (nine percent) of the Supplier Booking Fee depending on the appropriate subscription package, along with the relevant monthly recurring subscription fee and / or settlement fees, as chosen by a Company in accordance with clause 13 hereof,
- “Flexyforce Software” means the website found at, www.flexyforce.com, which is made available, operated and owned by Flexyforce;
- “Supplier Profile” means the Supplier’s profile on the Flexyforce Software, through which a Booking may be made;
- “Subscription Fee“ means a Software as a Service (SaaS) fee which the Company pays to Flexyforce on a monthly and recurring basis, and which shall vary from Company to Company, dependant on the elected package as offered by Flexyforce, as canvassed more fully in clause 13 hereof;
- “Party” means the “Company”, “Flexyforce” or the “Supplier”, as the case may be, and “Parties” means “Company”, “Flexyforce” and “Supplier” collectively;
- “Services” shall mean the Services of the Supplier appointed by the Company as more fully described in the Booking section of the Flexyforce Software relating specifically to such Supplier;
- “Signup Terms” shall mean the Supplier Terms and Conditions and the Company Terms and Conditions in respect of the Flexyforce Software required to be agreed to by the respective Parties, prior to the Effective Date;
- “Termination Date” shall mean the date of completion of the Services provided to the Company by the Supplier, or as otherwise terminated by any Party hereto.
- It is recorded that –
- this Agreement is to be read together with and operate in addition to all other terms and conditions as contained on the Flexyforce website from time to time;
- this Agreement constitutes a tripartite agreement, as reached between the Company, the Supplier and Flexyforce, in terms of which, Services shall be provided by the Supplier to the Company, as facilitated by Flexyforce Software;
- this Agreement shall be of no force and effect unless and until both the Supplier and the Company have accepted the Signup Terms.
- Flexyforce offers a variety of booking options for a Company to book a Supplier, which options include:
- Fixed Price, which shall be in respect of a fixed deliverable to be provided by the Supplier, also known as a Fit Budget;
- Time and Materials, which shall comprise of a fixed time to be spent and materials to be utilised from the Effective Date until the Termination Date;
- Monthly Retainer, which shall commence on the Effective Date and continue by agreement between the Parties until terminated in accordance with this Agreement.
- BOOKING UPDATES AND EXTENSION OF BOOKINGS
- Should the Company require, and should the Supplier be in a position to spend more time on a Booking than was originally anticipated, then and in that event, the Company may update the Booking on the Flexyforce Software:
- In the event that the Supplier does not accept the proposed change to a Booking, where possible or desired but the Supplier, alternative times will be provided to the Company, which the Company may accept or refuse at its own discretion.
- Flexyforce cannot guarantee that any request by the Company, for changes to a Booking which require extra time, can or will be met by the Supplier, and any request for an extension of time, shall be made prior to the Termination Date.
- Should certain hours in respect of a Booking remain unutilised by an Supplier as at Termination Date, such hours shall be regarded as having been lost, and no refund shall be made.
- BOOKING TIME TRACKING
For Bookings which are time dependant in respect of Services rendered, the Company shall bear the responsibility of ensuring correct time tracking on the Services provided by the Supplier.
- FEES TO BE PAID TO AND COSTS INCURRED BY SUPPLIERS
- There is no cost levied on the Supplier to create their Supplier Profile in order to make their Services available.
- Subject to clause 12 hereof, Flexyforce shall not levy any charges to the Supplier in respect of receiving and/or accepting a Booking.
- Payment to the Supplier in respect of their Services rendered to the Company shall be as determined by the Supplier in accordance with their Supplier Booking Rate.
- SUPPLIER BOOKING RATE
The Supplier shall determine its own Supplier Booking Rate at all times, and in this regard, the onus shall lie with the Supplier to access its profile in order to update the Supplier Booking Rate as and when they wish to do so.
- PAYMENTS BY FLEXYFORCE TO THE SUPPLIER
- Unless otherwise agreed in writing between the Supplier and the Company, Flexyforce shall maintain a 7 (seven) working day pay-out policy in respect of Supplier Booking Fees. As such, each Supplier shall receive payment of their respective Supplier Bookings Fees within 7 (seven) working days after the Termination Date of a Booking, alternatively on or before the last day of each calendar month in the event of a monthly retainer Bookings. This pay-out service is currently only available to approved Companies in South Africa only.
- Pay out deductions of Supplier Booking Fees may only be done in accordance with deductions attributable to cancellation policies as per clause 12 hereof.
- PAYMENT METHOD
- A Company may elect to utilise one of the following payment methods, as indicated in the “Company Settings” page of the Flexyforce Software:
- Payment upon receipt of an invoice by electronic funds transfer;
- Online payment by credit or debit card;
- Payment by utilising pre-bought Credits to facilitate instant bookings, which shall allow for the Company to instantly confirm and commence with the Booking.
- CANCELLATION POLICIES
- In order to effect cancellation of a Booking, should the need arise, Flexyforce Software provides for 3 (three) types of cancellation policies that both Company and Supplier shall reach agree to prior to the Booking commencing:
- If the Company cancels, the Company shall be liable to make payment to the Supplier of the full Booking Fee irrespective of whether the Services have commenced;
- If the Supplier cancels, a 25% (twenty five percent) Cancellation Fee shall apply, and which shall be deducted from the Supplier Booking Fee of the next Booking to be attended to by the Supplier.
- If the Company cancels, 50% (fifty percent) of the Supplier Booking Fee will be paid to the Supplier;
- If the Supplier cancels, a 10% (ten percent) Cancellation Fee shall apply and which shall be deducted from the Supplier Booking Fee of the next Booking to be attended to by the Supplier.
- This type of Booking shall operate on a flexible basis, and if cancelled either by the Company or the Supplier, the Supplier shall then receive payment for the time spent on the Services up until the date of cancellation.
- In respect of all monthly retainer Bookings, such Bookings may be terminated by either Party on 2 (two) calendar months’ notice to the other.
- All cancellations shall only be actioned once selected on the Flexyforce Software as such.
- Support: Any desktop support queries will have a 48 hours’ turnaround time and must be sent by email to email@example.com.
- Governing Law: This Agreement will be governed by the Laws of the Republic of South Africa.
- Severity Levels and Response Times: The following severity levels define the response to calls by the Company:
|Severity Level||Response Time||Resolve Time|
|1 – System down and cannot restart||2 business hours||Priority until resolved|
|2 – System active but users severely impacted||4 business hours||Priority until resolved|
|3 – System problem, but can be circumvented||8 business hours||Priority until resolved|
- Counterparts. This Agreement may be executed in any number of counterparts, each of which is an original and all of which taken together form one single document. For the purposes of this Agreement, execution includes accepting the terms of this Agreement by clicking the button “I accept the Terms and Conditions”.