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Welcome to Flexyforce™. We’re excited to show you how we work.

This is a legal document, but we intend to make your journey through it as simple as possible. The purpose of this agreement is to specify the relationship between the Supplier (“You”) and Flexyforce™. The relationship between the Supplier and a Company (“Enterprise”) will be subject to the Booking Specific Terms that is agreed between the parties each time a Booking is made.

    1. This Agreement governs Your use of Flexyforce’s Services and the Flexyforce Platform and is entered into between You and Next Platforms (Pty) Ltd t/a Flexyforce.
    2. By accepting this Agreement, You represent that You have the authority to do so, and You agree to the terms of this Agreement. If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this Agreement, in which case the term “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with the terms of this Agreement, You must not accept this Agreement and may not use the Service.
    3. To the extent permitted by applicable law, We may modify this Agreement with prospective effect when notified to You, and after you have consented thereto, and any revisions thereto, will take effect when posted on the Flexyforce Platform, unless a later date is otherwise stated in the revised Agreement. Your continued use of the Flexyforce Platform and/or Services will be construed as Your consent to the amended / updated Agreement and will be conditional upon the Agreement in force at the time of Your use. Please check the Flexyforce Platform often for updates to the terms and other documents which may have a bearing on Your use of the Flexyforce Platform.
    1. “Agreement” means these terms and conditions and any other terms annexures, addenda or schedules hereto, as well as any other documents incorporated by reference herein;
    2. “Booking” means the engagement as entered into between an Enterprise and a Supplier as evidenced by the Booking Specific Terms, in terms of which, the Services are rendered;
    3. “Booking Specific Terms” shall mean the terms presented to the Supplier by the Enterprise, which shall be agreed upon between the Enterprise and the Supplier prior to the Services being rendered in terms of a Booking, which terms shall inter alia record the necessary Services required for the Booking, the Supplier Booking Fee, the nature of the Booking, as well as the terms governing the cancellation of the Booking Specific Terms as contained therein. Should there be any other custom requirements not catered for herein, these too shall be included in the Booking Specific Terms;
    4. “Cancellation Fee” means a percentage of the Supplier Booking Fee, which cancellation fee is determined in accordance with the selected cancellation policy in stipulated in clause 15;
    5. “Enterprise/s” means an individual, company or other legal entity with an Enterprise account on the Flexyforce Platform, which Enterprise may, if it chooses, invite a Supplier to join their flexible workforce, and which uses the Flexyforce Platform and Services to book, contract and pay their Suppliers for Services rendered in terms of a Booking;
    6. “Confidential Information” means the contents of this Agreement and any information or documents in whatever form or format, belonging to, in the possession of, under the control of, in the knowledge of, or howsoever related to a Party, which has been disclosed or made available by the applicable party, directly or indirectly, in any manner which is (i) confidential or proprietary in nature, or (ii) which has been designated as confidential by a Party, or (iii) the unauthorized disclosure of which would, or would be likely to, prejudice the interests of such Party, and this includes all Intellectual Property Rights, trade secrets, know-how, all personal and sensitive data and all discussions, negotiations and Services provided or to be provided relating wholly or partly to subject matter of this Agreement;
    7. “Effective Date” shall mean the date upon which You accept the terms of this Agreement;
    8. “Supplier” means an independent contractor, expert, consultant or freelancer, as the case may be, which is introduced to the Enterprise via Flexyforce, or invited to join the Flexyforce Platform by an Enterprise, and thereby join that Enterprise’s flexible workforce. 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;
    9. “Supplier Profile” means the Supplier’s profile on the Flexyforce Platform, through which a Booking may be made;
    10. “Flexyforce”, “We”, “Us” means Next Platforms (Pty) Ltd t/a Flexyforce™, bearing registration number 2015/134958/07, and includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, Companies, service providers and suppliers;
    11. “Flexyforce Platform” means the web application found at and is made available and owned by Flexyforce;
    12. “Supplier Booking Fee” shall refer to the fees as charged by the Supplier to the Enterprise, determined in accordance with the Supplier Booking Rate, and paid by Flexyforce to the Supplier;
    13. “Supplier Booking Rate” shall refer to the fees as charged by the Supplier to the Enterprise, via the Flexyforce Platform, determined in accordance with the Supplier Booking Rate, and paid by Flexyforce to the Supplier;
    14. “Intellectual Property” includes patents, rights to inventions, copyright and related rights, all other rights of copyright, trademarks, trade names and domain names, business names, logos, service marks, moral rights, know-how, business methods and trade secrets, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in design, database rights and any other Intellectual Property Rights, (including but not limited to moral rights), in each case whether registered or unregistered and including all applications (and right to apply) for, and renewals, extensions or revivals of, such and all similar or equivalent rights to forms of protection which subsist or will subsist now or in the future and in any part of the world (and “Intellectual Property Rights” means any ownership, license or associated rights relating to Intellectual Property);
    15. “Party” means You or Flexyforce, as the case may be, and “Parties” means You and Flexyforce and any Enterprise with an Enterprise account collectively;
    16. “Personal Information” means personal information that can identify you as an individual or is capable of identifying you and as defined in the Protection of Personal Information Act 4 of 2013. By personal information we don’t mean general, statistical, aggregated or anonymized information;
    17. “Service” means the service of Flexyforce making provision for the Services of Suppliers to the Enterprise in conjunction with making the Flexyforce Platform available for use by Enterprises and Suppliers;
    18. “Service Fee” means the fee that is paid to Flexyforce by a Supplier for the provision of the Services in instances where the Supplier invites an existing Enterprise of theirs to join the Flexyforce Platform, and which is a percentage of the Supplier Booking Fee as set out in clause 10.2 below;
    19. “Services” shall mean the services of the Supplier appointed by the Enterprise as more fully described in the Booking Specific Terms coupled with the Supplier’s Profile;
    20. “You”, “Your” and “Yours” means any person who uses the Flexyforce Platform as a Supplier.
    1. The Flexyforce Platform consists of cloud-based software for contracting and managing an on-demand and flexible workforce. The Flexyforce Platform works as a real-time booking engine that automates contracting and management of payouts, making Services provision between an Enterprise and a Supplier fast, efficient and secure.
    1. You or the Company can terminate this Agreement at any time, for the reasons as listed below. You may not however terminate this Agreement while You are in the process of providing Services during a Booking with any Company.
    2. Term. This Agreement commences on the Effective Date and shall continue in force until termination by either Party in accordance with this Agreement.
    3. Either Party may terminate this Agreement with immediate effect in the event that the other Party:
      1. becomes the subject of a proceedings pertaining to its liquidation, business rescue, insolvency, receivership, or assignment for the benefit of creditors;
      2. is found guilty of a crime involving dishonesty, by a competent court;
      3. agrees to such termination.
    4. Either Party may terminate this Agreement for convenience and without cause, on 60 (thirty) days written notice to the other, provided that You are not obliged to perform any Services under any Booking with an Enterprise within the aforesaid 60 (thirty) days, unless such Services had commenced on the date on which the termination notification was sent;
    5. Where You are obliged to perform Services to an Enterprise(s) in terms of a Booking, Your right of termination of this Agreement is subject to Your compliance with the process for termination set forth in the applicable Booking Specific Terms (if any).
    1. Termination of this Agreement, for any reason, shall not affect the accrued rights of the Parties arising in any way out of this Agreement as at the date of termination and, in particular but without limitation, the right to recover damages against the other, the confidentiality and all provisions which are expressed to survive this Agreement shall remain in force and effect.
    1. You shall have no authority (and shall not hold Yourself out as having authority) to the Enterprise, unless specifically authorised to do so, in writing.
    2. Upon signup to the Flexyforce Platform you will be able to set Your Supplier Booking Rate and availability on Your Supplier Profile, which settings can be amended at any time by logging into your Supplier Profile.
    1. Flexyforce’s Booking process is as follows:
      1. The Enterprise will invite a Supplier to join the Enterprise’s flexible workforce via email.
      2. Enterprises can shortlist a Supplier, get in contact via the chat function or set up face-to-face interviews before inviting a Supplier to join the Enterprise’s flexible workforce.
      3. Once a Supplier joins an Enterprise’s flexible workforce, the Enterprise may request to book the Supplier through the Flexyforce Platform, and thereby propose Booking Specific Terms in respect of such Booking.
      4. If requested by an Enterprise, a Supplier may accept or decline such Booking Specific Terms.
      5. Upon acceptance of the Booking Specific Terms by both parties, the Booking will be considered as effective between the parties.
    1. In the event that the Booking Specific Terms may differ from this Agreement in any manner, then and in that event, the Booking Specific Terms shall override this Agreement to the extent that such inconsistencies do not result in an increased burden being placed on the Enterprise. In the event of such an increased burden being placed on Enterprise, then this Agreement shall supersede the Booking Specific Terms to the extent of such inconsistency.
    1. Flexyforce is free for all Suppliers and therefore no fees are payable by the Supplier when a Supplier is invited by an Enterprise to join their flexible workforce.
    2. Booking Types
      1. Flexyforce offers a variety of Booking options for an Enterprise to book a Supplier, which options include:
        1. Fixed price, which shall be in respect of a fixed deliverable to be provided by the Supplier;
        2. Time and materials, which shall be comprised of a fixed time to be spent and materials to be utilised from the commencement of the Booking until the termination date of the Booking;
        3. Monthly retainer, which shall commence on the effective date of the Booking and continue by agreement between the Parties until terminated in accordance with this Agreement or the Booking Specific Terms.
    3. Unless otherwise agreed in the Booking Specific Terms:
      1. Payment of all Supplier Bookings are to be effected in the manner chosen by the Supplier as their selected preference within 7 business days after a Booking’s completion date, unless otherwise agreed to with the Enterprise.
      2. For monthly retainer Bookings, monthly payouts are done on or before the 26th of each month by Flexyforce, unless otherwise agreed to with the Enterprise.
    1. This Agreement constitutes a contract for the provision of the Services of self-employed, independent Suppliers, and accordingly, Suppliers are fully responsible for their own taxation. This means Flexyforce will not withhold any PAYE or other tax liabilities, unless specified in Settings on your Supplier Profile, or otherwise where an Enterprise requests that all their Suppliers have PAYE deducted. This service is currently only available for South African Suppliers.
    1. You hereby acknowledge and agree that You are engaged as a self-employed and independent Supplier, and nothing in this Agreement and in no event or under any circumstances will You be (or be deemed to be) an employee, worker, agent or partner of the Enterprise and You shall not hold yourself out as such.
    2. The Enterprise shall not be responsible for payments to the Supplier in respect of paid annual leave, paid sick leave, retirement benefits, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits or any other benefit or remuneration related to a conventional employment relationship whatsoever.
    3. In no way will the Enterprise be viewed as providing any payroll services to Suppliers.
    4. You are not entitled to enforce any rights that an employee has against an employer, against any Enterprise on the Flexyforce Platform.
    5. You do not have to work exclusively through the Flexyforce platform.
    6. The Enterprise shall not be responsible for payments to the Suppliers in respect of paid annual leave, paid sick leave, retirement benefits, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits or any other benefit or remuneration related to a conventional employment relationship whatsoever.
    7. During the term of this Agreement You will make use of Your own laptop, software licenses, stationary, motor vehicle and mobile phone in fulfilling Your obligations in terms of this Agreement and any specific Booking, the cost of which will be for Your own account.
    1. Should either Party requires a variation in the Services, time spent or other component of a Booking, and should the other Party be amenable to such variation, then and in that event, the Enterprise may update the Booking on the Flexyforce Platform accordingly.
    2. Where a variation request pertains to time, and in the event that the Supplier does not accept the proposed change to a Booking, where possible or desired by the Supplier, alternative times will be provided to the Enterprise, which the Enterprise may accept or refuse at its own discretion.
    1. For Bookings which are dependent on the time being recorded in respect of Services rendered, the Enterprise and Supplier and not Flexyforce shall bear the responsibility of ensuring correct time tracking on the Services provided by the Supplier, and in this regard, Flexyforce would suggest the implementation of a third-party time tracking tool.
    1. In order to effect cancellation of a Booking, should the need arise, Flexyforce provides for 3 (three) types of cancellation policies that both the Enterprise and Supplier shall agree to in the Booking Specific Terms prior to the Booking commencing:
      1. Strict:
        1. If the Enterprise cancels, the Enterprise shall be liable to make payment to the Supplier of the full Supplier Booking Fee irrespective of whether the Services have commenced;
        2. 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.
      2. Moderate:
        1. If the Enterprise cancels, 50% (fifty percent) of the Supplier Booking Fee will be paid to the Supplier, irrespective of whether the Services have commenced;
        2. 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.
      3. Flexible:
        1. This type of Booking shall operate on a flexible basis, and if cancelled either by the Enterprise or the Supplier, the Supplier shall then receive payment for the time spent on the Services up until the date of cancellation.
        2. In respect of all monthly retainer Bookings, such Bookings may be terminated by either Party on 2 (two) calendar months’ notice to the other.
    2. All cancellations shall only be actioned once selected on the Flexyforce Platform as such.
    1. The Flexyforce Platform will host a Supplier’s Profile which will aid Enterprises in contracting, Booking and paying suppliers.
    2. Any specific Booking Specific Terms cannot place a higher burden on Flexyforce.
    1. You undertake to provide in your Supplier Profile all information reasonably required by Flexyforce in order to create a Supplier account, which will be used by Enterprises to contract, book and release the money to your selected bank account or as per your payout preferences.
    2. You reserve the right to, at any time, amend your availability, Supplier Booking Rate, Services offered and any other information on Your Supplier Profile.
    3. You reserve the right to accept or decline any Booking requests on the Bookings management tool provided on the Flexyforce Platform.
    4. Should You fail to accept or decline a Booking within the period afforded in the booking request, the Booking will expire and You will be deemed not to have accepted it.
    5. You agree and undertake to subject Yourself to an interview with an Enterprise in circumstances where an Enterprise requires You to do so, failing which, You will forfeit the opportunity to be added to the Enterprise’s flexible workforce.
    1. Flexyforce does not make any representation or warranty of any kind, whether express, implied, statutory or otherwise of the Services or the needs of an Enterprise in relation thereto, and Flexyforce specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by law. Flexyforce and ancillary Services are provided “as is”, exclusive of any warranty whatsoever. Flexyforce disclaims all liability and indemnification obligations for any harm or damages caused by any third party and/or ancillary service provider.
    2. Each Party hereby warrants, represents and undertakes to and in favour of the other Party that:
      1. it has the legal right and full power and authority to enter into, execute and deliver this Agreement and to perform the obligations under it, and all other documents or agreements to be entered into by it in connection with this Agreement;
      2. that it understands its rights and obligations under this Agreement and that it is executing this Agreement voluntarily;
      3. there is no insolvency, bankruptcy, business rescue or analogous proceedings pending or in progress or, to the best of that Party’s knowledge threatened against that Party before any court, administrative agency or tribunal; and
      4. to the best of the Parties’ knowledge, the execution of this Agreement and the performance of its obligations hereunder does not and shall not:
        1. contravene any law or regulation to which that Party is subject;
        2. contravene any provision of that Party’s constitutional documents; or
        3. conflict with, or constitute a breach of any of the provisions of any other agreement, obligation, restriction or undertaking which is binding on it.
    3. Each of the warranties, representations and undertakings given in this clause shall:
      1. be a separate warranty, representation and undertaking and shall in no way be limited to or restricted by reference to or by inference from the terms of any other warranty, representation or undertaking, or by any words of this Agreement;
      2. continue and remain in force, notwithstanding the completion of any or all the transactions contemplated in this Agreement; and
      3. be a material representation inducing the other Party to enter into this Agreement.
    1. You undertake, warrant and represent that:
      1. the information with which You provide to Flexyforce is true and correct and that You undertake to keep Flexyforce up to date with any changes of this information;
      2. that You have complied with all applicable legal requirements, as the case may be, in order that You may lawfully render Your Services to Enterprises;
      3. that You are lawfully entitled to work from the location where You will be rendering Your Services from;
      4. You will immediately inform Flexyforce of any conflict of interest that You are aware of and which may occur should you perform work or Services for a new Enterprise;
      5. where You are permanently employed and elect to sign up as a Supplier on the Flexyforce Platform, there is nothing in Your permanent employment agreement which prohibits You from doing part-time work for Enterprises and you hereby indemnify and hold Flexyforce harmless against any claims that may arise from Your permanent employer.
    1. Save as set out below, each Party agrees to keep strictly confidential and not to disclose to any person any Confidential Information of the other Party, unless such Party (“the Disclosing Party”) has received the prior written consent of the other Party.
    2. This clause shall not prevent the Parties from disclosing Confidential Information to their directors, officers, shareholders, employees, consultants and professional advisors who:
      1. have an absolute need to know (and then only to the extent that each such person has a need to know);
      2. are aware that the Confidential Information should be kept confidential;
      3. are aware of the Disclosing Party’s undertaking in relation to such information in terms of this Agreement; and
      4. have been directed to keep the Confidential Information confidential and have undertaken to keep the Confidential Information confidential by signing appropriate confidentiality and non-disclosure agreements.
    3. Each Party shall, immediately upon demand by the other Party, deliver or destroy (and certify the proper destruction of) any materials comprising or containing any Confidential Information which is in that Party’s possession or control (or in the possession or control of any of its directors, shareholders, employee/s and professional advisors).
    4. Each Party undertakes that if it becomes aware that there has been, as a result of or in the course of the performance of this Agreement, unauthorised disclosure, potential disclosure or use of the Confidential Information of the other Party, it shall promptly bring the matter to the attention of the other Party.
    5. Each Party undertakes to implement security measures, policies and technology in accordance with Best Industry Practice to maintain the confidentiality and security of the Confidential Information of the other Party and to prevent the unauthorised or unlawful access of the Confidential Information by any person.
    6. The provisions of this clause shall survive the termination or expiration of this Agreement.
    1. Flexyforce retains all right, title and interest in and to its Intellectual Property, and the Intellectual Property comprising the Flexyforce Platform.
    2. You agree and undertake that all Intellectual Property created by You pursuant to and in terms of any Booking, shall vest in the applicable Enterprise and no right under such Intellectual Property shall vest in You, save as specifically granted by such Enterprise to You in writing.
    3. Where applicable, and to the extent required, You agree and undertake to assign all Intellectual Property Rights created by You pursuant to a Booking, to the applicable Enterprise, and further, waive any moral rights in respect thereof. You agree and undertake to sign all necessary documentation which is required to give effect to such assignment.
    1. The Party’s liability to each other in terms of this Agreement shall be limited to direct damages, and neither Party shall be liable for any indirect, consequential or incidental damages for any matter arising as a result of the existence of this Agreement.
    2. You indemnify Flexyforce, and agree to keep us indemnified, from and against any claim, loss, damage, cost or expense, however so arising, that we may suffer or incur as a result of or in connection with the Services rendered, including any breach by You or an Enterprise of these terms or any applicable law or licensing requirements.
    3. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to You will be limited to the minimum amount imposed by such law.
    1. The Parties shall notify each other in writing of a third-party claim which relates to this Agreement, the Services or any part thereof and infringes the Intellectual Property Rights of such third party. Subject to the provisions of clause 20 above, the Party against whom the claim is made shall defend such claim at its expense and shall pay any costs or damages that may be finally awarded against the other Party.
    1. Waiver. No indulgence, failure or delay by either Party in exercising any right under this Agreement will constitute a waiver of that, or any other right, under this Agreement.
    2. Variation. No variation or modification of the Agreement is of any force or effect unless reduced to writing and signed by hand by both Parties. Writing shall not include email correspondence signed by email signature.
    3. Assignment. Neither Party may cede, assign or otherwise dispose of any part of its rights and obligations in terms of this Agreement without the other Party’s written consent, which consent may not be withheld unreasonably.
    4. Severability. Each clause, or part thereof, of this Agreement is separate and is severable from the rest of the Agreement, unless severing would render the Agreement unlawful. Should any clause or part thereof be unenforceable, it will not affect the enforceability of the rest of the Agreement.
    5. Whole Agreement. This Agreement, together with any other annexure, addenda, policies or schedules thereto contains the whole Agreement between the Parties. Neither Party will have any rights or remedy arising from any undertaking, warranty or representation not included in this Agreement.
    6. Force Majeure. A Party’s obligations under this Agreement shall be suspended during the period of an event of Force Majeure, and to the extent that such Party is prevented or hindered from performing such obligations by any cause beyond its control including without limitation, economic forces, strikes, lock-outs, acts of God, war, riot, civil commotion, accident, fire, flood, storm. In the event that the cause continues for 10 (ten) consecutive days (or 10 days in any period of 30 days) the unaffected Party shall be entitled to terminate this Agreement with immediate effect on written notice to the other Party.
    7. Support: Any desktop support queries will have a 48 hours’ turnaround time and must be sent by email to
    8. Data Protection: When visiting, information is collected for internal purposes. Any data collected is stored in a regulatory compliant manner and access is available on request. Please see the Privacy Policy available on our website. All data remains the property of the Supplier and control and / or ownership never transfers to the Flexyforce.
    9. Governing Law: This Agreement will be governed by the Laws of the Republic of South Africa.
    10. Severity Levels and Response Times: The following severity levels define the response to calls by the Company:
Severity LevelResponse TimeResolve Time
1 – System down and cannot restart2 business hoursPriority until resolved
2 – System active but users severely impacted4 business hoursPriority until resolved
3 – System problem, but can be circumvented8 business hoursPriority 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, execute includes accepting the terms of this Agreement by clicking the button “I accept the Terms and Conditions”.

That is it from us for now. If you have any questions do not hesitate to ping us on Slack or drop us an email on HAPPY WORKING 🙂

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