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Terms of Service

# GigZA Terms and Conditions **Last Updated:** August 26, 2026 **Effective Date:** August 26, 2026 ## 1. Introduction Welcome to GigZA. These Terms and Conditions ("Terms") are a contract between you and GigZA (Pty) Ltd (registration number 2026/673329/07) ("GigZA," "we," "our," or "us"). By accessing or using the GigZA platform (the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service. GigZA operates as a digital marketplace connecting Clients who need services with Hustlers who provide services. We are not an employment agency and do not employ Hustlers. **Registered address:** 16 Cape Ash Street, Kraaifontein, Cape Town, South Africa 7570 ## 2. Definitions - **"Client"** means a user who posts gigs seeking services - **"Hustler"** means a user who provides services in response to posted gigs - **"User"** means any person using the GigZA Service, whether as a Client, Hustler, or both - **"Gig"** means a posted service request on the platform - **"Application"** means a Hustler's response to a posted gig ## 3. Eligibility ### 3.1 Age Requirement You must be at least 18 years old to use GigZA. By using the Service, you represent and warrant that you are 18 years or older. ### 3.2 South African Residents GigZA is currently available only to residents of South Africa. You must have a valid South African mobile number to use the Service. ### 3.3 Account Registration - You must provide accurate, current, and complete information during registration - You are responsible for maintaining the confidentiality of your account credentials - You must notify us immediately of any unauthorized use of your account ## 4. Use of the Service ### 4.1 Permitted Use You may use GigZA to: - Post gigs seeking services (as a Client) - Apply for and provide services (as a Hustler) - Communicate with other users through approved channels - Build your reputation through ratings and reviews ### 4.2 Prohibited Conduct You may not: - Post false, misleading, or fraudulent gigs or information - Harass, abuse, or harm other users - Use the Service for any illegal activities - Attempt to bypass our commission or payment systems - Share personal contact information in public gig descriptions (before hiring) - Discriminate based on race, gender, religion, or other protected characteristics - Use bots, scrapers, or automated tools to access the Service - Impersonate another person or entity ### 4.3 Content Standards All content posted on GigZA must: - Be accurate and not misleading - Comply with South African law - Not contain offensive, discriminatory, or illegal content - Not infringe on intellectual property rights of others ## 5. Posting and Applying for Gigs ### 5.1 Client Responsibilities As a Client, you: - Are responsible for accurately describing the gig requirements - Must provide a safe working environment - Must treat Hustlers with respect and professionalism - Are responsible for payment to the Hustler upon completion ### 5.2 Hustler Responsibilities As a Hustler, you: - Must have the skills and ability to complete gigs you apply for - Must arrive on time and complete work as described - Must treat Clients and their property with respect - Are responsible for your own tools, transportation, and equipment unless otherwise specified ### 5.3 Free Gig Posting Posting gigs on GigZA is currently **free of charge**. We reserve the right to introduce posting fees in the future with advance notice. ## 6. Payment and Commission ### 6.1 Commission Structure GigZA operates on a commission-based model. When a Hustler completes a gig, we retain a service commission from the payment: **Commission Tiers:** - **First 3 Gigs:** 0% commission (new joiner promo) - **Standard:** 15% commission - **Pro Tier:** 12.5% commission (4.8+ rating and 10 consecutive successful gigs) - **Elite Tier:** 10% commission (4.8+ rating and 30 consecutive successful gigs) - Pro/Elite status resets if rating drops below 4.8 or no gig is completed for 30 days **GigZA Cash:** Referral rewards and promotional credits may offset platform fees. GigZA Cash cannot be withdrawn as cash. ### 6.2 Payment Processing - Payments are processed through Paystack using card pre-authorization at hire - Funds are captured and split to Hustler bank accounts and GigZA only when both parties mark a gig complete - GigZA never custodies client funds; Paystack handles KYC for Hustler payout accounts - Cancellations more than 2 hours before a scheduled gig release the pre-authorization without charge ### 6.3 Payment Disputes If a dispute arises regarding payment or work quality: - Parties have 24 hours to resolve directly - After 24 hours, disputes may be escalated to GigZA Operations - GigZA reserves the right to make final determinations on disputed payments - Decisions on payment disputes are final and binding ## 7. Premium Subscription ### 7.1 Premium Features Hustlers may subscribe to GigZA Premium for R19/month, which includes: - Unlimited gig applications (vs. 2 per week for free users) - Verified badge on profile - Priority placement in Client feeds - WhatsApp gig alerts for nearby opportunities ### 7.2 Subscription Terms - Premium subscriptions auto-renew monthly unless cancelled - You may cancel at any time through your account settings - Cancellations take effect at the end of the current billing period - A 7-day free trial may be offered for first-time Premium subscribers - No refunds for partial months ## 8. Ratings and Reviews ### 8.1 Review System - Both Clients and Hustlers may rate each other after gig completion - Ratings are from 1 to 5 stars - Reviews must be honest, relevant, and not defamatory - We reserve the right to remove reviews that violate our policies ### 8.2 Hustler Score Your Hustler Score is calculated as a weighted average of your last 20 ratings and may include bonuses for repeat hires and consistent performance. ## 9. Verification and Safety ### 9.1 ID Verification - Hustlers may submit South African ID documents and a selfie for verification - Verification is performed by manual review by GigZA staff and may take up to 24 hours - We do not currently use automated third-party identity verification services - Verified users receive a verification badge - We store ID information securely and in compliance with POPIA ### 9.2 Background Checks GigZA does not conduct comprehensive background checks on users. Clients and Hustlers interact at their own risk. ### 9.3 User Reports Users may report inappropriate behavior, scams, or safety concerns. We investigate all reports and may suspend or terminate accounts for violations. ## 10. Relationship Between Users ### 10.1 Independent Contractors Hustlers are independent contractors, not employees of GigZA or Clients. Hustlers are responsible for: - Their own taxes and compliance with tax laws - Their own insurance and liability coverage - Compliance with applicable labour and business regulations ### 10.2 Direct Relationship The contractual relationship for service provision is directly between Client and Hustler. GigZA is merely a platform facilitating connections. ## 11. WhatsApp Handoff ### 11.1 Communication Channel GigZA facilitates direct communication through WhatsApp after a Client hires a Hustler. By using the Service, you consent to being contacted via WhatsApp for gig-related communications. ### 11.2 Conduct on External Platforms While we facilitate WhatsApp connections, we cannot monitor communications on external platforms. Users must maintain professional conduct across all channels. ## 12. Intellectual Property ### 12.1 GigZA Property All content on the GigZA platform, including logos, designs, text, and software, is owned by GigZA or our licensors and protected by intellectual property laws. ### 12.2 User Content You retain ownership of content you post, but grant GigZA a worldwide, royalty-free license to use, display, and distribute your content in connection with the Service. ## 13. Limitation of Liability ### 13.1 Service "As Is" THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF SERVICES PROVIDED BY HUSTLERS. ### 13.2 Maximum Liability TO THE MAXIMUM EXTENT PERMITTED BY SOUTH AFRICAN LAW (INCLUDING THE CONSUMER PROTECTION ACT), GIGZA'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM USE OF THE SERVICE SHALL NOT EXCEED THE FEES PAID BY YOU TO GIGZA IN THE 12 MONTHS PRIOR TO THE CLAIM. ### 13.3 Exclusions We are not liable for: - Actions or omissions of Clients or Hustlers - Property damage or personal injury occurring during gigs - Loss of income or business opportunities - Disputes between users - Failure of third-party services (payment processors, WhatsApp, etc.) ## 14. Indemnification You agree to indemnify and hold GigZA harmless from any claims, damages, or expenses (including legal fees) arising from: - Your use of the Service - Your violation of these Terms - Your violation of any rights of another person - Your provision or receipt of services through the platform ## 15. Consumer Protection Act Compliance These Terms are subject to the Consumer Protection Act, 2008 (CPA). Nothing in these Terms limits your rights under the CPA. If any provision conflicts with the CPA, the CPA prevails. ## 16. Termination ### 16.1 By You You may close your account at any time through account settings. ### 16.2 By Us We may suspend or terminate your account if: - You violate these Terms - You engage in fraudulent activity - You receive 3 or more verified user reports - We believe your account poses a safety or security risk - Required by law or legal process ### 16.3 Effect of Termination Upon termination: - Your access to the Service will be immediately revoked - Outstanding payments or obligations remain due - We may retain certain information as required by law ## 17. Dispute Resolution ### 17.1 Informal Resolution Before initiating formal proceedings, parties agree to attempt informal resolution through good-faith negotiation. ### 17.2 Governing Law These Terms are governed by the laws of the Republic of South Africa. ### 17.3 Jurisdiction Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa. ## 18. Changes to Terms We may modify these Terms at any time. We will notify users of material changes via email or in-app notification. Continued use of the Service after changes constitutes acceptance of the modified Terms. ## 19. General Provisions ### 19.1 Entire Agreement These Terms constitute the entire agreement between you and GigZA regarding the Service. ### 19.2 Severability If any provision is found unenforceable, the remaining provisions remain in full effect. ### 19.3 Waiver Our failure to enforce any right or provision does not constitute a waiver of that right. ### 19.4 Assignment You may not assign these Terms without our consent. We may assign these Terms without restriction. ## 20. Contact Information For questions about these Terms: **GigZA (Pty) Ltd** Email: contact.gigza@gmail.com Address: 16 Cape Ash Street, Kraaifontein, Cape Town, South Africa 7570 Phone: +27 72 950 9350 **Information Officer (POPIA Compliance)** Name: Diederick Arnoldus Vorster Email: contact.gigza@gmail.com --- **By using GigZA, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.**