HirePro Staffing Solutions

Terms of Service

1. INTRODUCTION & ACCEPTANCE

1.1 Agreement to Terms

These Terms of Service (“Terms”, “TOS”, or “Agreement”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and HireProStaff (Pty) Ltd, a company registered under the laws of the Republic of South Africa, with its registered office at [Company Address], Cape Town, South Africa (“HireProStaff”, “we”, “us”, or “our”).

1.2 Acceptance

By accessing, browsing, or using the HireProStaff platform, including our website at [Website URL], mobile applications, and all related services (collectively, the “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any other policies referenced herein.

1.3 Updates and Modifications

We reserve the right to modify these Terms at any time. We will notify Users of material changes by posting the updated Terms on the Platform with a new “Last Updated” date. Your continued use of the Platform after any changes constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, you must discontinue use of the Platform immediately.

1.4 Dispute Resolution Notice

IMPORTANT: These Terms contain an arbitration provision in Section 14 that requires disputes to be resolved through binding arbitration rather than in court, subject to certain exceptions permitted under South African law. Please review Section 14 carefully before accepting these Terms.


2. DEFINITIONS

For purposes of these Terms, the following definitions shall apply:

  • “Platform” means the HireProStaff website, mobile applications, and all related services, features, and functionality provided by HireProStaff.

  • “Business User” means any individual or entity that registers on the Platform to seek and book hospitality professionals for temporary shifts.

  • “Staff User” means any individual who registers on the Platform to offer their services as a hospitality professional for temporary shifts.

  • “User” means any person or entity accessing or using the Platform, including both Business Users and Staff Users.

  • “Gig” or “Shift” means a temporary work assignment posted by a Business User and accepted by a Staff User through the Platform.

  • “Booking Request” means a request submitted by a Business User for Staff Users to fill a Gig/Shift.

  • “Services” means all services provided by HireProStaff through the Platform, including but not limited to facilitating connections between Business Users and Staff Users, payment processing, communications, and scheduling tools.

  • “Content” means all text, graphics, images, music, software, audio, video, information, or other materials available through the Platform.

  • “User Content” means any Content that Users submit, post, or transmit through the Platform, including profiles, reviews, ratings, and communications.

  • “Vetting Process” means the screening and verification procedures conducted by HireProStaff for Staff Users, which may include background checks, reference verification, skills assessment, and document verification.

  • “Fee” means any charges, commissions, or costs associated with using the Platform, as detailed in Section 7.

  • “POPIA” means the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) of South Africa.

3. DESCRIPTION OF SERVICES

3.1 Platform Nature

HireProStaff operates an online marketplace platform that facilitates connections between hospitality businesses seeking temporary staff and pre-vetted hospitality professionals available for short-notice shifts. The Platform enables:

  1. a) Real-time visibility of available Staff Users; b) Streamlined booking and shift management; c) Secure in-platform communications; d) Payment facilitation and processing; e) Performance ratings and reviews; f) Scheduling and calendar integration; g) Document management and verification.
3.2 Limited Role

HireProStaff acts solely as a technology platform and marketplace facilitator. We expressly disclaim being:

  1. a) An employer of any Staff User; b) An employment agency or labour broker as defined under the Labour Relations Act; c) A party to any employment relationship or service contract between Business Users and Staff Users; d) A guarantor of any services performed by Users.
3.3 No Employment Relationship

HireProStaff does not:

  1. a) Control the manner or means by which Staff Users perform their services; b) Set or negotiate rates between Business Users and Staff Users (except for establishing minimum platform standards); c) Guarantee the availability of Shifts or the suitability of Staff Users; d) Provide tools, uniforms, or equipment necessary for Shift completion.

4. ELIGIBILITY & ACCOUNT REGISTRATION

4.1 Eligibility Requirements

To use the Platform, you must:

  1. a) Be at least eighteen (18) years of age; b) Have the legal capacity to enter into binding contracts; c) For Staff Users: Have the legal right to work in South Africa and possess all necessary permits, licences, or authorisations; d) For Business Users: Be a registered business entity or sole proprietor operating legally in South Africa; e) Not be prohibited from using the Platform under applicable law or by previous suspension or termination.
4.2 Account Registration

To access certain features, you must create an account by:

  1. a) Providing accurate, current, and complete information; b) Creating a unique username and secure password; c) Verifying your email address and/or mobile number; d) For Staff Users: Completing the Vetting Process as described in Section 8; e) For Business Users: Providing business registration details and tax information.
4.3 Information Accuracy

You warrant that all information provided is true, accurate, and complete. You agree to promptly update your account information to maintain its accuracy. Providing false information constitutes a material breach of these Terms.

4.4 Account Security

You are responsible for:

  1. a) Maintaining the confidentiality of your account credentials; b) All activities occurring under your account; c) Immediately notifying HireProStaff of any unauthorised use or security breach; d) Ensuring compliance with all applicable data protection laws when accessing User information.
4.5 Data Protection Consent

By registering, you consent to the collection, processing, and use of your personal information as described in our Privacy Policy and in accordance with POPIA. You acknowledge that certain information may be shared with other Users as necessary for Platform functionality.


5. RELATIONSHIP OF PARTIES

5.1 Independent Contractor Status

Staff Users acknowledge and agree that they are independent contractors and not employees of HireProStaff or any Business User, except where a separate employment agreement exists directly between a Staff User and Business User outside the Platform. This means:

  1. a) Staff Users are responsible for their own taxes, including income tax and VAT where applicable; b) Staff Users are not entitled to employee benefits from HireProStaff; c) Staff Users maintain the right to accept or decline any Shift; d) Staff Users may work for multiple businesses and platforms simultaneously.
5.2 No Agency Relationship

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created between:

  1. a) HireProStaff and any User; b) Business Users and Staff Users (except as may be separately agreed); c) Users inter se through their use of the Platform.
5.3 Direct Contracting

When a Business User books a Staff User for a Shift:

  1. a) A direct service contract is formed between the Business User and Staff User; b) HireProStaff is not a party to this contract; c) The terms of service, including rates, duties, and conditions, are agreed upon between the Business User and Staff User; d) Each party is responsible for their own compliance with applicable labour and tax laws.
5.4 No Guarantee of Work

HireProStaff does not guarantee:

  1. a) The availability of Shifts for Staff Users; b) The availability of Staff Users for Business Users; c) Any minimum number of bookings or income level; d) The successful completion of any Shift.

6. USE OF THE PLATFORM

6.1 Permitted Uses

You may use the Platform solely for:

  1. a) Seeking or offering temporary hospitality staffing services; b) Communicating with other Users regarding Shifts; c) Managing bookings, schedules, and payments; d) Providing feedback through ratings and reviews; e) Other purposes expressly authorised by HireProStaff.
6.2 Prohibited Conduct

You agree NOT to:

  1. a) Unlawful Activities:
  • Use the Platform for any illegal purpose or in violation of any applicable laws;
  • Engage in fraud, money laundering, or other financial crimes;
  • Violate any labour, employment, or tax laws.
  1. b) Harmful Behavior:
  • Harass, abuse, discriminate against, threaten, or intimidate other Users;
  • Engage in any form of discrimination based on race, gender, sexual orientation, religion, nationality, disability, or other protected characteristics;
  • Create a hostile work environment or engage in sexual harassment.
  1. c) False Information:
  • Provide false, misleading, or inaccurate information;
  • Impersonate any person or entity;
  • Create multiple accounts or use another User’s account.
  1. d) Platform Integrity:
  • Circumvent or attempt to circumvent Platform fees;
  • Solicit Users to conduct transactions outside the Platform;
  • Use automated scripts, bots, or data mining tools;
  • Reverse engineer, decompile, or disassemble any Platform technology;
  • Introduce viruses, malware, or other harmful code;
  • Attempt to gain unauthorised access to Platform systems.
  1. e) Intellectual Property:
  • Infringe upon HireProStaff’s or third parties’ intellectual property rights;
  • Use HireProStaff’s trademarks without authorisation;
  • Copy, modify, or distribute Platform Content without permission.
  1. f) Commercial Exploitation:
  • Resell or commercially exploit Platform access;
  • Use the Platform to advertise or solicit for other platforms or services;
  • Collect User information for unauthorised purposes.

6.3 Consequences of Violations

Violation of these Terms may result in:

  1. a) Warning or notification of breach; b) Temporary suspension of account; c) Permanent termination of account; d) Legal action and claims for damages; e) Reporting to law enforcement authorities.

7. FEES, PAYMENTS & CANCELLATION

7.1 Fee Structure
  1. a) Business Users: Pay a service fee of the total Shift value; b) Premium Services: Additional fees may apply for premium features.
7.2 Payment Processing
  1. a) All payments between Business Users and Staff Users must be processed through the Platform; b) HireProStaff uses third-party payment processors to facilitate transactions; c) Payments to Staff Users are typically processed within [X] business days after Shift completion; d) Business Users authorise HireProStaff to charge their designated payment method for all fees.
7.3 Rate Setting
  1. a) Staff Users set their own hourly or shift rates within Platform guidelines; b) HireProStaff may establish minimum rate requirements to ensure fair compensation; c) Business Users and Staff Users may negotiate rates through the Platform; d) All rates must comply with applicable minimum wage laws.
7.4 Tax Obligations
  1. a) Users are solely responsible for their own tax obligations; b) Staff Users must register for and remit applicable taxes, including income tax and VAT where required; c) HireProStaff will provide tax documentation as required by law; d) Business Users are responsible for any applicable payroll taxes if an employment relationship exists.
7.5 Cancellation Policy
  1. a) Business User Cancellations:
  • More than 48 hours before Shift: No penalty
  • 24-48 hours before Shift: 25% cancellation fee
  • Less than 24 hours before Shift: 60% cancellation fee
  • No-show: 100% of agreed Shift rate payable to Staff User
  1. b) Staff User Cancellations:
  • More than 24 hours before Shift: No penalty
  • 12-24 hours before Shift: Warning and potential rating impact
  • Less than 12 hours before Shift: Account review and possible suspension
  • No-show with no communication: Account suspension pending review

7.6 Refunds and Disputes
  1. a) Refund requests must be submitted within 2 days of the transaction; b) Disputes regarding payments must be raised through Platform dispute resolution; c) HireProStaff reserves the right to reverse transactions in cases of fraud or error; d) Refunds are processed to the original payment method within 10 business days.

8. VETTING & CONDUCT EXPECTATIONS

8.1 Vetting Process for Staff Users

All Staff Users must complete our Vetting Process, which includes:

  1. a) Identity verification through government-issued ID; b) Criminal background check (with consent); c) Reference verification from previous employers; d) Skills assessment relevant to hospitality roles; e) Food safety certification where applicable; f) Right to work verification; g) Any professional licences or certifications.

8.2 Ongoing Compliance

Staff Users must:

  1. a) Maintain current certifications and licences; b) Immediately report any criminal charges or convictions; c) Update the Platform with any changes to their qualifications; d) Comply with all health and safety regulations; e) Maintain appropriate personal hygiene and professional appearance.

8.3 Insurance Requirements
  1. a) Staff Users are strongly encouraged to maintain:
  • Personal liability insurance;
  • Professional indemnity insurance where applicable;
  • Personal accident and health insurance.
  1. b) Business Users must maintain appropriate business insurance, including public liability coverage.
8.4 Health and Safety

All Users must:

  1. a) Comply with the Occupational Health and Safety Act; b) Report any workplace injuries or safety concerns immediately; c) Follow all safety protocols and use required protective equipment; d) Not work under the influence of alcohol or illegal substances; e) Comply with venue-specific health and safety requirements.
8.5 Disclaimer of Guarantees

While HireProStaff conducts vetting procedures, we do not guarantee:

  1. a) The accuracy or completeness of vetting results; b) The suitability of any Staff User for a particular role; c) The future conduct or performance of any User; d) That Staff Users will maintain their qualifications.

Business Users are encouraged to conduct their own assessments as appropriate.


9. RATINGS & REVIEWS

9.1 Rating System
  1. a) Both Business Users and Staff Users may rate each other after Shift completion; b) Ratings are based on a [5]-star scale with optional written feedback; c) Ratings must be submitted within 1 day of Shift completion; d) Aggregate ratings are displayed on User profiles.
9.2 Review Guidelines

Reviews must:

  1. a) Be honest, fair, and based on actual experience; b) Relate to professional performance only; c) Not contain discriminatory, defamatory, or offensive content; d) Not include personal information or confidential details; e) Comply with the Platform’s community guidelines.
9.3 Display and Use

By submitting ratings and reviews, you grant HireProStaff:

  1. a) A perpetual, worldwide, non-exclusive licence to use, display, and distribute the content; b) The right to aggregate and analyse rating data; c) Permission to share ratings with other Users; d) The right to remove or modify reviews that violate these Terms.
9.4 Dispute Resolution
  1. a) Users may report inappropriate or inaccurate reviews; b) HireProStaff will investigate disputed reviews within 7 business days; c) We reserve the right to remove reviews that violate our guidelines; d) Repeated submission of false or malicious reviews will result in account termination.

10. INTELLECTUAL PROPERTY

10.1 HireProStaff Ownership

HireProStaff owns all rights, title, and interest in:

  1. a) The Platform and its underlying technology; b) The HireProStaff name, logo, and trademarks; c) All Content created by HireProStaff; d) The design, layout, and look and feel of the Platform; e) Any data analytics, aggregated data, and insights derived from Platform use.
10.2 Limited License to Users

HireProStaff grants you a limited, non-exclusive, non-transferable, revocable licence to:

  1. a) Access and use the Platform for its intended purposes; b) Download and use our mobile applications on authorised devices; c) View and interact with Content made available to you.

This licence is conditional upon your compliance with these Terms.

10.3 User Content License

By posting User Content, you grant HireProStaff:

  1. a) A worldwide, non-exclusive, royalty-free licence to use, copy, modify, and display your User Content; b) The right to sublicense User Content as necessary for Platform operation; c) Permission to use your name and likeness in connection with your User Content; d) The right to create derivative works for Platform improvement.
10.4 User Representations

You represent and warrant that:

  1. a) You own or have necessary rights to all User Content you submit; b) Your User Content does not infringe any third-party rights; c) You have obtained all necessary consents for any personal information in User Content; d) Your User Content complies with all applicable laws.
10.5 Feedback

Any feedback, suggestions, or improvements you provide regarding the Platform become the property of HireProStaff, and we may use such feedback without compensation or attribution.


11. THIRD-PARTY SERVICES & LINKS

11.1 Third-Party Service Providers

The Platform integrates with third-party services including:

  1. a) Payment processors for transaction handling; b) Background check providers for vetting; c) Communication services for notifications; d) Cloud storage and hosting providers.
11.2 Third-Party Terms
  1. a) Your use of third-party services is governed by their respective terms and conditions; b) HireProStaff is not responsible for third-party services’ performance or availability; c) You authorise HireProStaff to share necessary information with third-party providers.
11.3 External Links
  1. a) The Platform may contain links to external websites; b) HireProStaff does not endorse or control external websites; c) We are not responsible for the content or practices of linked sites; d) Your use of external sites is at your own risk.

12. PRIVACY & DATA PROTECTION

12.1 Privacy Policy

Your use of the Platform is subject to our Privacy Policy, available at [https://hireprostaff.co.za/privacy-policy-2/], which is incorporated into these Terms by reference.

12.2 Data Collection and Use

In accordance with POPIA, we collect and process personal information to:

  1. a) Facilitate Platform functionality and User matching; b) Process payments and prevent fraud; c) Conduct vetting and verification procedures; d) Communicate with Users about their accounts and Shifts; e) Improve and personalise Platform services; f) Comply with legal obligations.
12.3 User Rights

Under POPIA, you have the right to:

  1. a) Access your personal information; b) Correct inaccurate information; c) Request deletion of your information (subject to legal requirements); d) Object to certain processing activities; e) Receive your data in a portable format; f) Lodge a complaint with the Information Regulator.
12.4 Data Security

HireProStaff implements reasonable technical and organisational measures to protect personal information. However, no system is completely secure, and we cannot guarantee absolute security.

12.5 Data Retention

We retain personal information for as long as necessary to:

  1. a) Provide Platform services; b) Comply with legal obligations; c) Resolve disputes and enforce agreements; d) Maintain business records as required by law.

13. DISCLAIMERS & LIMITATION OF LIABILITY

13.1 Platform Provided “As Is”

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. HIREPRO STAFF SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13.2 No Guarantee of Results

HireProStaff does not warrant that:

  1. a) The Platform will meet your specific requirements; b) The Platform will be uninterrupted, secure, or error-free; c) Any User will be suitable for your needs; d) Any particular outcome will result from Platform use.
13.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO THE CONSUMER PROTECTION ACT:

  1. a) HireProStaff’s total liability for all claims related to the Platform shall not exceed the fees paid by you in the twelve (12) months preceding the claim;
  2. b) HireProStaff shall not be liable for:
  • Indirect, incidental, special, consequential, or punitive damages;
  • Loss of profits, revenue, or business opportunities;
  • Loss of data or information;
  • Damages arising from User conduct or third-party services.
13.4 User Indemnification

You agree to indemnify, defend, and hold harmless HireProStaff, its officers, directors, employees, and agents from all claims, demands, losses, costs, damages, and expenses (including reasonable legal fees) arising from:

  1. a) Your breach of these Terms; b) Your violation of any law or third-party rights; c) Your User Content; d) Your conduct on the Platform or at Shifts; e) Any dispute between you and another User.
13.5 Consumer Protection

Nothing in this Section 13 limits or excludes liability for:

  1. a) Death or personal injury caused by negligence; b) Fraud or fraudulent misrepresentation; c) Any liability that cannot be excluded under the Consumer Protection Act; d) Gross negligence or wilful misconduct.

14. DISPUTE RESOLUTION

14.1 Internal Resolution

Before pursuing formal dispute resolution, you agree to:

  1. a) Contact HireProStaff support at info@hireprostaff.co.za with details of your concern; b) Allow 30 days for HireProStaff to investigate and respond; c) Participate in good faith efforts to resolve the matter informally.
14.2 Mediation

If internal resolution fails, either party may initiate mediation:

  1. a) Mediation shall be conducted by a mutually agreed mediator; b) If no agreement, a mediator appointed by the Arbitration Foundation of Southern Africa (AFSA); c) Mediation shall occur in Cape Town, South Africa; d) Costs shall be shared equally unless otherwise agreed.
14.3 Arbitration

If mediation fails, disputes shall be resolved through binding arbitration:

  1. a) Arbitration shall be conducted under AFSA rules; b) The arbitrator shall be appointed by agreement or by AFSA; c) Arbitration shall be held in Cape Town, South Africa; d) The arbitrator’s decision shall be final and binding; e) Each party bears its own costs unless the arbitrator orders otherwise.
14.4 Exceptions to Arbitration

The following matters are not subject to arbitration:

  1. a) Small claims court matters within jurisdictional limits; b) Urgent interdictory relief; c) Intellectual property infringement claims; d) Debt collection proceedings.
14.5 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY.

14.6 Governing Law

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles. Subject to the arbitration provisions, the courts of South Africa shall have exclusive jurisdiction.


15. TERMINATION & SUSPENSION

15.1 Termination by HireProStaff

We may suspend or terminate your account immediately if:

  1. a) You breach any provision of these Terms; b) We suspect fraudulent, illegal, or harmful activity; c) Required by law or court order; d) You fail to complete vetting requirements; e) Your conduct may harm HireProStaff’s reputation or other Users.
15.2 Termination by User

You may terminate your account at any time by:

  1. a) Submitting a termination request through the Platform; b) Sending written notice to info@hireprostaff.co.za; c) Completing all outstanding Shifts and payments.
15.3 Effect of Termination

Upon termination:

  1. a) Your access to the Platform is immediately revoked; b) Outstanding payments become immediately due; c) Licences granted under these Terms terminate; d) You must cease using HireProStaff trademarks; e) Provisions that by their nature should survive (including indemnification, limitation of liability, and dispute resolution) remain in effect.
15.4 Data Handling Post-Termination

After termination:

  1. a) We may retain certain data as required by law; b) User Content may be deleted after [30] days; c) You may request data export before termination; d) Anonymised data may be retained for analytics.

16. MISCELLANEOUS

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any other referenced policies, constitute the entire agreement between you and HireProStaff regarding the Platform and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

16.3 Assignment

You may not assign or transfer these Terms or any rights hereunder without HireProStaff’s prior written consent. HireProStaff may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

16.4 Force Majeure

Neither party shall be liable for failure to perform obligations due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

16.5 Waiver

No waiver of any term or condition of these Terms shall be valid unless in writing and signed by HireProStaff. HireProStaff’s failure to enforce any right or provision shall not constitute a waiver of future enforcement of that or any other provision.

16.6 Notices

All notices under these Terms shall be delivered:

  1. a) To HireProStaff:
  • Email: info@hireprostaff.co.za
  • Attention: Legal Department
  1. b) To Users: Via email address or physical address provided during registration.
16.7 Electronic Communications

You consent to receiving electronic communications from HireProStaff. Electronic communications satisfy any legal requirement that communications be in writing.

16.8 Relationship of Terms

If there is a conflict between these Terms and any other agreement you have with HireProStaff, these Terms shall control unless the other agreement explicitly states that it supersedes these Terms.

16.9 Contact Information

For questions about these Terms or the Platform:

  • Support: info@hireprostaff.co.za 
  • Phone: +27-84-701-6017
  • Business Hours: Monday-Friday, 8:00 AM – 5:00 PM SAST
16.10 Compliance with Laws

You agree to comply with all applicable laws, including but not limited to:

  • The Labour Relations Act, 1995
  • The Basic Conditions of Employment Act, 1997
  • The Consumer Protection Act, 2008
  • The Protection of Personal Information Act, 2013
  • The Occupational Health and Safety Act, 1993
  • All applicable tax laws and regulations

BY USING THE HIREPRO STAFF PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.