Effective Date: 05 June 2025
Last Updated: 05 June 2025

This Terms of Service Agreement (“Agreement”) sets forth the legally binding terms between you (“User”, “you”, or “your”) and Elite Talent (Pty) Ltd (“Elite Talent”, “we”, “us”, or “our”), governing your access and use of the Elite Talent platform (“Platform”) available at www.elitetalent.africa, including any associated services, mobile applications, tools, and features. By registering, accessing, or using the Platform, you agree to be bound by these Terms.

1. Certain Definitions

The following definitions apply to this Agreement:

1.1 “Elite Talent Materials” means any proprietary tools, designs, processes, documentation, intellectual property, implementation plans, software, methodologies, frameworks, or templates used or developed by Elite Talent in the course of providing services, whether pre-existing or created during the engagement.

1.2 “Elite Talent Website” or the “Site” refers to any website, web-based platform, or digital application under the control of Elite Talent (including www.elitetalent.africa and any subdomains), including any content, data, functionality, services, and intellectual property hosted or made available therein.

1.3 “Content” means all materials available through the Platform including, but not limited to, web pages, interfaces, databases, code, modules, APIs, design layouts, trademarks, logos, videos, graphics, illustrations, documents, data sets, and all third-party content embedded or referenced therein.

1.4 “Document” means any posting, proposal, resume, portfolio, project description, review, comment, or message published by a User on the Platform.

1.5 “Client” refers to any individual or entity that uses the Platform to post projects, engage Freelancers, or otherwise seek the delivery of services in a freelance capacity.

1.6 “Client Materials” includes any documentation, brand elements, job descriptions, media, communications, or other materials submitted by a Client for the purposes of a Project or posted to the Platform.

1.7 “Freelancer” means any individual or legal entity offering freelance or contract-based services through the Platform, including those who apply to posted Projects or list services within the Platform.

1.8 “Freelancer Materials” includes any work product, proposal, submission, pitch, bid, deliverable, communication, profile content, or other contributions provided by a Freelancer via the Platform.

1.9 “Services” means the full scope of functionality and features offered by Elite Talent through the Platform, including but not limited to account hosting, project matchmaking, escrow, messaging, review/rating tools, and payment facilitation.

1.10 “User” means any person or entity who visits, registers, or interacts with the Platform, including Clients, Freelancers, and site visitors.

1.11 “You” or “you” refers to the User accepting these Terms of Service on behalf of themselves or the legal entity they represent.

1.12 “Service Contract” means the agreement formed between a Client and a Freelancer through the Platform, including the project scope, timeline, deliverables, payment structure, and any other mutually agreed terms governing the performance and acceptance of freelance services.

1.13 “Escrow Account” refers to a financial holding account administered by Elite Talent (or its authorized third-party payment processor) to temporarily hold Client funds until the successful completion and approval of services rendered by a Freelancer.

1.14 “Third-Party Content” means any content, data, information, links, materials, software, or intellectual property not owned by Elite Talent and made available on or through the Platform by Users or other external sources.

1.15 “AI-Generated Content” refers to any output, deliverable, material, or submission created, either wholly or partially, using artificial intelligence models, algorithms, or automated digital tools, whether generated by a User or integrated feature of the Platform.

2. Overview

The Platform is a freelance services marketplace designed to connect individuals and entities seeking freelance services (Clients) with skilled professionals (Freelancers). Elite Talent provides the technology, tools, and infrastructure to facilitate discovery, collaboration, contracting, payment, and dispute resolution between Users. Elite Talent is not a party to Service Contracts formed directly between Clients and Freelancers.

This Platform is operated by Elite Talent (Pty) Ltd. The terms “we”, “us”, and “our” refer to Elite Talent. By accessing or using any portion of www.elitetalent.africa or related services, you accept and agree to be bound by these Terms of Service, our Privacy Policy, and any referenced or incorporated documents.

Your use of the Platform constitutes agreement to these Terms. If you do not agree to all provisions, you must not access or use the Platform. If these Terms are considered an offer, acceptance is expressly limited to them.

These Terms apply to all Users of the Platform, including Clients, Freelancers, browsers, and contributors of content.

Elite Talent may modify or update these Terms at any time, and such changes will be effective upon posting. You are responsible for regularly reviewing these Terms. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

3. Platform Use

3.1 Permitted Use

You may access and use the Platform solely for the purpose of:

• Offering or procuring freelance services;
• Creating, publishing, or responding to service listings or proposals;
• Negotiating and entering into Service Contracts;
• Managing, delivering, reviewing, and accepting work;
• Facilitating secure payments through the Platform;
• Providing or receiving feedback, reviews, and ratings;
• Communicating with other Users about a legitimate service engagement.

3.2 Prohibited Conduct

You may not:

• Register using false or misleading information;
• Impersonate any person or entity;
• Post, upload, or transmit false, defamatory, unlawful, or misleading content;
• Circumvent or attempt to bypass escrow payments;
• Request or offer services that violate applicable laws or professional standards;
• Solicit or contact Users to transact off-platform, except where expressly permitted;
• Interfere with the operation, performance, or security of the Platform;
• Engage in any form of scraping, data harvesting, or automated access to the Platform;
• Reproduce, sell, license, distribute, or reverse-engineer any Elite Talent intellectual property.

3.3 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted under your account. You must immediately notify Elite Talent of any unauthorized access or suspected breach. You may not share your login credentials or permit others to use your account.

3.4 Compliance with Laws

All Users agree to comply with applicable laws, rules, and regulations in connection with their access to and use of the Platform. You must not use the Platform to offer or solicit services that violate labour laws, tax obligations, intellectual property rights, or privacy regulations.

3.5 Monitoring and Enforcement

Elite Talent reserves the right, but not the obligation, to monitor usage of the Platform to ensure compliance with these Terms. We may remove content, suspend accounts, or take any other necessary action if we determine, in our sole discretion, that a violation has occurred.

4. Service Listings and Proposals

4.1 Project Listings by Clients: Clients may create service listings (“Projects”) which must include a clear and accurate description of the work required, the scope of services, desired timelines, deliverables, budget, and any applicable terms or specifications. Clients are solely responsible for the content, legality, and accuracy of their listings.

4.2 Proposal Submissions by Freelancers: Freelancers may browse active Projects and submit proposals in response. Each proposal must include a detailed scope of work, estimated cost, delivery timeframe, and relevant experience or credentials. Freelancers may not submit proposals that are generic, misleading, or misrepresent their abilities.

4.3 Client Evaluation and Selection Clients may evaluate proposals based on merit, budget, timeline, and Freelancer profiles. Selection of a Freelancer is at the sole discretion of the Client. Elite Talent does not guarantee any specific Client or project outcome for Freelancers.

4.4 Pre-Contractual Communication Before a Service Contract is formed, Clients and Freelancers may communicate via the Platform’s messaging system for the purposes of clarifying project details. Users must not use this functionality to solicit or negotiate off-platform transactions.

4.5 Proposal Acceptance and Formation of a Service Contract Acceptance of a Freelancer’s proposal by a Client constitutes a binding Service Contract, governed by the terms included in the accepted proposal and any additional conditions mutually agreed through the Platform. Once a contract is formed, both parties are bound to fulfil their obligations in accordance with the agreed terms.

4.6 Listing and Proposal Restrictions Users may not:

• Post projects or submit proposals for services that are illegal or violate these Terms;
• Duplicate listings or spam multiple proposals across unrelated Projects;
• Misrepresent their identity, capabilities, or intent to hire or perform;
• Post or respond to Projects intended solely to gather information or exploit the Platform’s functionality.

4.7 Amendments and Cancellations Clients and Freelancers may mutually agree to amend or cancel an accepted Service Contract through written consent within the Platform. Any changes must be confirmed in writing via Platform messaging. If a Service Contract is cancelled after work has commenced, the resolution must comply with the applicable Escrow and Dispute Resolution provisions.

5. Escrow Services 

Elite Talent provides escrow services for fixed-price engagements.

• Clients must deposit full project funds into the escrow account prior to commencement.
• Upon Client approval of deliverables, funds are released to the Freelancer.
• In cases of dispute, Elite Talent will facilitate resolution under Section 14 (Dispute Resolution).
• Freelancers agree not to commence work without escrow confirmation.

Elite Talent is not a bank and does not offer banking services. Escrow funds are not insured or guaranteed.

6. Fees and Payments

5.1 Platform Fees Elite Talent charges service fees for access to the Platform, its features, and facilitation of transactions between Clients and Freelancers. Fees may be assessed as:

• A percentage of the total project amount paid by the Client;
• A transaction or processing fee charged on payments or withdrawals;
• Optional premium features or upgrades chosen by Users.

The applicable fee rates are clearly published on our Platform and are subject to change upon reasonable notice. Continued use of the Platform after such changes constitutes acceptance of the new fee structure.

6.2 Client Payment Obligations Clients agree to fund the full project amount into the designated Escrow Account before work begins. Failure to do so may delay commencement or cancel the project. Clients must ensure their billing information is accurate and sufficient to meet agreed payment obligations.

6.3 Freelancer Payouts Upon Client approval of delivered work, or resolution of a dispute in the Freelancer’s favour, funds will be released from the Escrow Account to the Freelancer. Freelancers may withdraw funds to a verified payment method of their choice. Payouts may be subject to transaction fees and applicable VAT or withholding taxes as required by law.

6.4 Taxes and Reporting Freelancers and Clients are independently responsible for determining their tax obligations related to transactions conducted through the Platform. Freelancers must ensure their pricing includes any VAT, income tax, or similar taxes due in their jurisdiction. Elite Talent does not provide tax or legal advice.

6.5 Currency and Exchange All transactions are conducted in South African Rand (ZAR) unless otherwise stated. Users are responsible for any currency conversion fees or exchange rate variances incurred by their financial institutions.

6.6 Non-Circumvention Clients and Freelancers may not circumvent the Platform to avoid fees or transact outside the system. Any effort to do so will result in account suspension or termination and possible legal action. Elite Talent reserves the right to pursue lost fees and report violations to regulatory authorities.

7. Service Delivery and Acceptance

7.1 Freelancer Obligations Freelancers must perform services with professional diligence, timeliness, and in accordance with the specifications, scope, and timeline agreed upon in the applicable Service Contract. All work must be original, free from defects, and delivered through the Platform in a manner that allows for full review by the Client.

7.2 Client Review and Feedback Clients are required to review all submitted deliverables within five (5) calendar days of receipt unless otherwise agreed. Clients may, within that period:

• Accept the work and approve payment release;
• Request reasonable revisions if the deliverables do not conform to the Service Contract;
• Raise a dispute under Section 14 if the work is unsatisfactory or not in accordance with agreed terms.

7.3 Revision Process If revisions are requested, the Freelancer must revise and resubmit the deliverables within a reasonable timeframe, not exceeding the original deadline unless otherwise agreed. Clients must re-evaluate revised submissions in good faith.

7.4 Automatic Approval If no action is taken by the Client within five (5) days of delivery, and no revision or dispute notice is submitted, the work shall be deemed accepted, and payment shall be automatically released from the Escrow Account to the Freelancer.

7.5 Partial Delivery and Milestones Where a Service Contract specifies multiple milestones, each milestone shall be treated as a partial delivery subject to individual approval. Payment for each milestone may be released independently, and disputes may be raised per milestone.

7.6 Intellectual Property Transfer Upon Acceptance Upon full payment for accepted work, the Freelancer agrees to transfer to the Client all right, title, and interest in and to the delivered work, including all intellectual property rights, unless otherwise stated in the Service Contract. Until such payment is made in full, all rights remain with the Freelancer.

7.7 Delivery Channels and File Formats Deliverables must be submitted through the Platform’s secure communication or file upload tools. Accepted formats shall be agreed in advance or adhere to standard file types unless otherwise specified in the listing.

8. Rating and Reviews

8.1 Purpose and Function The Platform provides a two-way review system allowing both Clients and Freelancers to rate and provide feedback on each other after the completion of a Project. These reviews contribute to trust, reputation, and transparency within the community.

8.2 Eligibility to Submit Reviews Only Users who have entered into a completed Service Contract via the Platform are eligible to submit reviews. The review period opens upon completion and acceptance of the final deliverables and remains open for a specified time, typically fourteen (14) days.

8.3 Review Criteria Users may be asked to rate various aspects of the engagement, including but not limited to:

• Communication and responsiveness
• Adherence to deadlines
• Quality of work delivered
• Professional conduct
• Overall satisfaction

8.4 Review Content Guidelines All reviews must:

• Be honest and fact-based, reflecting genuine experiences;
• Refrain from defamatory, offensive, discriminatory, or misleading language;
• Not contain confidential or personally identifiable information;
• Not include links, contact details, or promotional content;
• Not be used to blackmail, extort, or demand services, discounts, or revisions.

8.5 Non-Retaliation Users may not threaten, coerce, or retaliate against others for leaving a negative review. Any such behaviour may result in account suspension or termination.

8.6 Elite Talent Moderation Elite Talent reserves the right, but is not obligated, to review and remove any rating or review that:

• Violates this Agreement or applicable laws;
• Is clearly false, fraudulent, or retaliatory;
• Was submitted in error or under duress;
• Contains prohibited content as defined in these Terms.

8.7 Display and Impact Reviews are publicly displayed on User profiles and may affect search visibility and hiring decisions. Users acknowledge that published reviews are subjective and that Elite Talent is not responsible for any impact on reputation or commercial interests resulting from such feedback.

7.8 Limitations of Liability Elite Talent does not endorse any User or review and is not liable for damages arising from reliance on any review content. All reviews represent the opinions of Users and not of Elite Talent.

9. User Conduct

9.1 General Standards All Users are expected to act professionally, ethically, and lawfully while using the Platform. This includes maintaining integrity in communications, being truthful in profile representation, and fulfilling contractual obligations in good faith.

9.2 False Representation and Credential Fraud Freelancers may not exaggerate, falsify, or misrepresent their qualifications, work experience, portfolio, availability, or licensing. Any User found to have engaged in misrepresentation may be subject to account suspension, contract annulment, forfeiture of payment, or permanent removal from the Platform.

9.3 Fraudulent Client Activity Clients are prohibited from:

• Soliciting unpaid work under the guise of testing or evaluation;
• Posting fictitious jobs with no intent to hire;
• Abusing the review system to threaten or manipulate Freelancers;
• Engaging in bait-and-switch tactics or payment evasion.

9.4 Platform Abuse and Manipulation You may not:

• Engage in or facilitate scams, pyramid schemes, or money laundering;
• Use multiple or fake accounts to distort search rankings, reviews, or credibility;
• Attempt to extract services without payment or evade agreed terms;
• Collude with other Users to unfairly influence job outcomes or ratings.

9.5 Security and Privacy Violations Users may not:

• Access another User’s account or data without consent;
• Solicit or store sensitive information such as ID numbers, passwords, or banking credentials outside of legitimate project requirements;
• Attempt to reverse-engineer, compromise, or exploit the Platform’s security protocols.

9.6 Harassment and Safety Elite Talent has zero tolerance for harassment, discrimination, abuse, or intimidation of any kind. Users must not:

• Send threatening, obscene, or defamatory messages;
• Make discriminatory comments based on race, gender, religion, orientation, or ability;
• Engage in stalking, trolling, or coordinated harassment of any individual or group.

9.7 Consequences of Misconduct Elite Talent reserves the right to investigate and take appropriate action against any conduct that violates these Terms, including but not limited to:

• Issuing formal warnings;
• Restricting functionality or visibility on the Platform;
• Suspension or permanent account termination;
• Referral to appropriate authorities for unlawful conduct.

9.8 User Safety and Reporting Users are encouraged to report any suspicious activity, abusive conduct, or suspected scams via the Platform’s reporting tools or by contacting Elite Talent directly. Elite Talent is committed to ensuring a safe and fair environment and will take reports seriously, with full confidentiality where appropriate.

Elite Talent may suspend or terminate accounts for violations.

10. AI-Generated and Third-Party Content

10.1 User Responsibility for Submitted Content Users may submit content created manually or with the assistance of artificial intelligence (“AI”) or sourced from third-party platforms. All such submissions are subject to the same standards of originality, accuracy, and legal compliance. Users are solely responsible for the nature, origin, and effects of any content they submit.

10.2 Disclosure of AI-Generated Content If any content is generated in whole or in part by an AI system or tool—whether commercial, open-source, or proprietary—the User must clearly disclose this in the project deliverable or communication. AI-generated content must not mislead Clients into believing it was produced solely by human effort.

10.3 Compliance with Laws and Rights All content submitted to the Platform, including AI-generated or third-party content, must:

• Be free from copyright infringement, plagiarism, or misappropriation of proprietary material;
• Respect data privacy laws and refrain from using personal information without consent;
• Comply with licensing requirements and clearly state any open-source or commercial use terms;
• Not be defamatory, misleading, discriminatory, or unlawful in any form.

10.4 Third-Party Platform Integrations Where the Platform integrates third-party services, tools, APIs, or embeds (e.g., code repositories, design tools, translation services), such use is subject to the respective third party’s terms and privacy policies. Elite Talent is not liable for damages, content loss, or breaches arising from such integrations.

10.5 Moderation and Takedown Rights Elite Talent reserves the right, but is not obligated, to:

• Remove or disable access to content that is flagged as illegal, infringing, abusive, or inappropriate;
• Investigate the origin or nature of AI-generated or third-party-submitted content;
• Restrict or suspend accounts involved in repeated violations.

10.6 Disclaimer of Liability Elite Talent does not guarantee the accuracy, completeness, or suitability of AI-generated or third-party content. We assume no liability for damages, claims, or disputes arising from reliance on such content or its use in any contractual deliverable.

10.7 Indemnification Users agree to fully indemnify and hold harmless Elite Talent from any claim, loss, liability, or expense arising from their submission or use of AI-generated or third-party content, including legal fees and costs associated with investigations or regulatory action.

11. Intellectual Property 

10.1 Ownership of Platform Content All intellectual property rights in and to the Platform, including but not limited to all software, source code, design, logos, graphics, trademarks, trade names, content, databases, and materials developed or provided by Elite Talent (collectively, “Elite Talent IP”), are and shall remain the exclusive property of Elite Talent or its licensors. No rights or licenses are granted except as explicitly set forth in these Terms.

11.2 User License to Access Platform Subject to compliance with these Terms, Elite Talent grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal or internal business purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any portion of Elite Talent IP without express written permission.

11.3 User-Generated Content and Work Product Users retain ownership of content they independently create and upload to the Platform (“User Content”). By uploading or submitting any User Content, you grant Elite Talent a worldwide, royalty-free, non-exclusive license to host, store, reproduce, display, and distribute the content solely for Platform functionality and promotional purposes.

11.4 Work Created Under Service Contracts Unless otherwise stated in the applicable Service Contract, all deliverables created by a Freelancer under a fully paid Service Contract are deemed “work made for hire” and all intellectual property rights therein shall be irrevocably assigned to the Client upon final acceptance and payment. Until payment is made in full, all intellectual property rights remain with the Freelancer.

11.5 Third-Party Rights Users must ensure that any content, tools, templates, or materials they use or submit do not infringe on the rights of third parties, including copyrights, trademarks, design rights, or moral rights. Users are solely liable for any such infringement and agree to indemnify Elite Talent against any resulting claims or damages.

11.6 Infringement Claims If you believe your intellectual property has been infringed upon by content on the Platform, please submit a detailed notice of infringement to info@elitetalent.africa. Elite Talent will investigate and take appropriate action, which may include removal of the infringing content and/or suspension of the responsible User’s account.

11.7 Reservation of Rights All rights not expressly granted in these Terms are reserved by Elite Talent. Any unauthorized use of Elite Talent IP may result in suspension, legal action, and financial liability.

12. Confidentiality 

12.1 Definition of Confidential Information For the purpose of this section, “Confidential Information” means all non-public, proprietary, or sensitive information disclosed or made available by one User to another in the course of using the Platform, including but not limited to: project briefs, technical specifications, designs, contact details, client data, business strategies, financial information, source code, pricing, and trade secrets.

12.2 Obligations of Confidentiality Users agree to:

• Maintain the confidentiality of all Confidential Information exchanged with other Users or with Elite Talent;
• Use such information solely for the purpose of performing obligations under a Service Contract or using the Platform as intended;
• Prevent disclosure of such information to any third party without the disclosing party’s prior written consent;
• Take reasonable security measures to protect Confidential Information against unauthorized access or disclosure.

12.3 Exclusions Confidential Information shall not include information that:

• Was already lawfully known to the receiving party at the time of disclosure without any duty of confidentiality;
• Is or becomes publicly available through no fault of the receiving party;
• Is independently developed by the receiving party without reference to the disclosed information;
• Is disclosed pursuant to a valid legal requirement, subpoena, or court order, provided that the disclosing party is given prompt notice (to the extent legally permitted).

12.4 Survival The confidentiality obligations set forth in this section shall survive the termination or expiration of these Terms or any Service Contract and shall continue for a period of two (2) years from the date of termination.

12.5 Breach Consequences Unauthorized use or disclosure of Confidential Information may result in legal liability, including but not limited to injunctive relief, damages, and account termination. Elite Talent reserves the right to investigate breaches and cooperate with affected parties and authorities.

13. Termination

13.1 Termination by Elite Talent Elite Talent reserves the right, at its sole discretion and without liability, to suspend or terminate your access to the Platform at any time, with or without notice, including but not limited to the following circumstances:

• Violation of any provision of these Terms or any other applicable policy;
• Fraudulent, abusive, harassing, or unlawful conduct;
• Misuse of platform services or circumvention of fee structures;
• Submission of false or misleading information;
• Engagement in conduct that harms Elite Talent’s business, reputation, or platform integrity;
• Inactivity for a prolonged period, as determined by Elite Talent.

13.2 Termination by User You may voluntarily close your account at any time through the Platform settings or by submitting a formal request to Elite Talent. Upon termination, you remain liable for any outstanding payments, contractual obligations, or other responsibilities incurred prior to the effective date of termination.

13.3 Consequences of Termination Upon termination of an account for any reason:

• Any pending or active Service Contracts will be cancelled, subject to the terms of the Escrow and Dispute Resolution clauses;
• Access to Platform features and data will be revoked;
• Elite Talent may retain certain account information as required by law, regulatory requirements, or internal policy;
• Any licenses granted under these Terms shall immediately terminate, and you must cease all use of the Platform.

13.4 Survival of Obligations All provisions of this Agreement which by their nature should survive termination shall survive, including but not limited to confidentiality obligations, disclaimers of warranties, limitations of liability, dispute resolution procedures, and intellectual property protections.

13.5 Appeal and Reinstatement Elite Talent may, in its sole discretion, consider requests for reinstatement of a suspended or terminated account. Such decisions are final and binding, and Elite Talent has no obligation to reinstate access or services.

14. Account Verification

14.1 Identity Verification To maintain platform integrity and user trust, Elite Talent may, at its discretion, require Users to verify their identity using government-issued identification, biometric confirmation, video interviews, or third-party verification tools. Verification may be required:

• Upon account registration or profile completion;
• Prior to engaging in a Service Contract or submitting proposals;
• Before disbursing funds from the Escrow Account;
• When suspicious activity or potential fraud is detected.

14.2 Accuracy of Information Users are solely responsible for ensuring all submitted information, documents, and credentials are accurate, up to date, and legally valid. Misrepresentation of identity, employment history, qualifications, or licensing status is strictly prohibited and may result in permanent account termination and legal action.

14.3 Elite Talent’s Rights and Limitations Elite Talent does not guarantee the verification of all Users. While Elite Talent may perform checks or employ third-party verification tools, it disclaims any liability for false representations made by Users. Verification tools serve as risk mitigation and trust-building mechanisms, not guarantees of credibility or fitness.

14.4 Consequences of Failed or Refused Verification Elite Talent may suspend, restrict, or terminate access to the Platform for any User who fails or refuses to complete a verification process when requested. Failure to verify may also result in proposal ineligibility, payment holds, or removal from search results.

14.5 Security and Privacy All verification data is processed and stored in accordance with South African data protection laws and our Privacy Policy. Sensitive documents are treated as confidential and used solely for verification and compliance purposes.

15. Non-Disclosure Agreement (NDA)

15.1 Scope and Application This section applies to all Users who, in the course of using the Platform or entering into Service Contracts, receive or have access to confidential or sensitive information. This Non-Disclosure Agreement (“NDA”) is incorporated by reference into these Terms and governs all disclosures between Clients and Freelancers through the Platform.

15.2 Mutual Non-Disclosure Obligations Both Clients and Freelancers agree to:

• Maintain strict confidentiality regarding any Confidential Information exchanged through the Platform;
• Use such information solely for the purpose of evaluating, negotiating, or fulfilling a Service Contract;
• Not disclose such information to any third party without prior written consent of the disclosing party.

15.3 Examples of Confidential Information Confidential Information includes but is not limited to:

• Business plans, strategies, and roadmaps;
• Source code, designs, prototypes, and project documentation;
• Marketing plans and customer data;
• Proprietary research or technical processes;
• Any other information clearly marked or reasonably understood as confidential.

15.4 Exclusions Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party;
• Was lawfully known to the receiving party prior to disclosure;
• Is independently developed without reference to the disclosed information;
• Is required to be disclosed by law or court order (provided the disclosing party is notified promptly, if legally permissible).

15.5 Duration The obligations under this NDA shall remain in force for a period of three (3) years from the date of disclosure, or until the information ceases to be confidential, whichever is earlier.

15.6 Return or Destruction of Materials Upon request by the disclosing party, or upon completion or termination of the Service Contract, the receiving party agrees to return or permanently destroy all Confidential Information, including copies, notes, and derivatives thereof.

15.7 Remedies for Breach A breach of this NDA may result in legal action, including injunctive relief, monetary damages, and termination of access to the Platform. Users acknowledge that unauthorized disclosure may cause irreparable harm and agree that injunctive relief is an appropriate remedy.

16. Support Services

16.1 Availability Elite Talent provides support services to assist Users with technical issues, platform navigation, account management, and policy clarifications. Support is available via email at info@elitetalent.africa and through the in-platform support center during standard business hours (08:00–17:00 SAST, Monday to Friday, excluding public holidays).

16.2 Scope of Support services include:

• Troubleshooting login or access issues;
• Assisting with payment and escrow questions;
• Addressing disputes and reporting violations;
• Clarifying terms, processes, and account features;
• Investigating reports of misconduct or suspicious activity.

Support does not include:

• Legal advice or contract negotiation;
• Project-specific consultation or work product review;
• Offline technical support or field support.

16.3 Response Times Elite Talent endeavours to respond to all support inquiries within 24 to 48 hours during business days. Priority may be given to escalated issues involving security, financial transactions, or active disputes.

16.4 User Responsibility Users are expected to:

• Submit accurate, respectful, and complete descriptions of their support requests;
• Cooperate fully with verification procedures when required;
• Avoid misuse of support channels for spam, personal disputes, or harassment.

16.5 Support Limitations and Discretion Elite Talent reserves the right to limit, suspend, or refuse support in cases of repeated abuse, excessive volume unrelated to legitimate platform issues, or failure to comply with verification or moderation requirements.

17. Data Protection & POPIA Compliance

17.1 General Commitment Elite Talent is committed to protecting the privacy and personal data of its Users in accordance with the Protection of Personal Information Act, 2013 (“POPIA”) and any other applicable South African data protection laws.

17.2 Purpose of Collection We collect, process, and store personal data to:

• Verify identities and maintain platform security;
• Facilitate communication and transactions between Users;
• Comply with legal and tax obligations;
• Improve the functionality, performance, and user experience of the Platform.

17.3 Lawful Processing All personal information is processed:

• With the User’s informed and voluntary consent;
• To fulfill contractual obligations arising from your use of the Platform;
• As necessary to comply with legal obligations or protect legitimate interests.

17.4 Categories of Personal Information Collected This may include names, email addresses, phone numbers, location data, billing and payment information, ID numbers, user-generated content, and technical data related to Platform access and usage.

17.5 Data Storage and Retention Personal information is securely stored using industry-standard encryption and access controls. We retain personal information only as long as necessary for the purposes for which it was collected, or as required by law.

17.6 Data Subject Rights Under POPIA, you have the right to:

• Access and request copies of your personal data held by us;
• Correct or update inaccurate personal information;
• Request deletion or destruction of records (subject to legal limitations);
• Object to processing under certain conditions;
• Lodge complaints with the Information Regulator.

17.7 Cross-Border Transfers If personal data is transferred outside of South Africa, such transfers will only occur to jurisdictions with adequate data protection laws or where appropriate contractual safeguards are in place.

17.8 Data Breach Notification In the event of a confirmed data breach that may compromise your personal information, Elite Talent will notify affected Users and the Information Regulator as required by law.

17.9 Third-Party Processors We may engage third-party service providers to support Platform operations. All such providers are contractually bound to protect personal information in accordance with POPIA.

17.10 Privacy Policy Reference Further details about data collection and processing practices can be found in our Privacy Policy available at www.elitetalent.africa/privacy-policy.

18. Limitation of Liability

18.1 General Disclaimer Elite Talent provides the Platform and all associated services “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or quiet enjoyment. Elite Talent makes no representations or warranties regarding the reliability, timeliness, quality, suitability, accuracy, or availability of the Platform or any content obtained through its use.

18.2 User-Generated Content and Interactions Elite Talent does not control or verify the quality, legality, accuracy, or truth of any User-generated content, nor the abilities, qualifications, background, or identity of any Freelancer or Client. All interactions, contracts, and transactions between Users are conducted at their own risk. Elite Talent shall not be liable for any damages or disputes arising out of these interactions.

18.3 Platform Interruptions and Technical Issues Elite Talent does not warrant that the Platform will be uninterrupted, timely, secure, or error-free. Scheduled maintenance, software bugs, hosting failures, denial-of-service attacks, or acts of force majeure may result in service outages or delays. Elite Talent will make reasonable efforts to restore access, but shall not be held liable for any loss of data, revenue, opportunity, or reputation arising from technical issues.

18.4 Limitation of Liability To the maximum extent permitted by law, Elite Talent’s total cumulative liability for any claim, demand, or damages arising out of or related to your use of the Platform shall be limited to the greater of: (a) The total fees paid by you to Elite Talent in the three (3) months preceding the event giving rise to the claim; or (b) ZAR 5,000.

18.5 Exclusion of Certain Damages Elite Talent shall not be liable to any party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of business, or loss of data, even if advised of the possibility of such damages.

18.6 Jurisdictional Limitations Because some jurisdictions do not allow the exclusion or limitation of certain liabilities or damages, some of the above limitations may not apply to you. In such cases, Elite Talent’s liability shall be limited to the maximum extent permitted under applicable law.

18.7 User Indemnification You agree to indemnify, defend, and hold harmless Elite Talent, its officers, directors, employees, affiliates, agents, and licensors from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable legal fees and costs) arising out of or related to:

• Your use or misuse of the Platform;
• Your violation of these Terms;
• Your breach of any Service Contract;
• Any content submitted or posted by you;
• Your infringement of any third-party rights, including intellectual property and privacy rights.

19. Dispute Resolution and Arbitration

19.1 Informal Resolution Requirement Users agree to make reasonable, good faith efforts to resolve any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or any Service Contract informally by contacting Elite Talent’s support team. Elite Talent may attempt to facilitate informal mediation or negotiation between the parties for a period of at least ten (10) business days.

19.2 Binding Arbitration Agreement If the dispute remains unresolved after informal efforts, both parties agree to submit the matter to final and binding arbitration administered by the Arbitration Foundation of Southern Africa (AFSA) in accordance with its rules then in effect. The arbitration shall be conducted:

• In Johannesburg, South Africa;
• By a single arbitrator mutually agreed upon or appointed by AFSA;
• In the English language;
• With judgment on the award enforceable in any court of competent jurisdiction.

19.3 Scope of Arbitration This arbitration agreement covers all claims or disputes between Users and Elite Talent, or between Users, arising from use of the Platform, including but not limited to contract disputes, payment issues, misrepresentations, or claims related to ratings, feedback, and deliverables.

19.4 Exclusions and Interim Relief This clause does not prevent either party from seeking interim or injunctive relief from a court of competent jurisdiction to protect intellectual property, Confidential Information, or prevent irreparable harm. Such relief shall not be deemed a waiver of this arbitration clause.

19.5 Costs and Legal Representation Each party shall bear its own arbitration costs and legal fees unless the arbitrator awards otherwise. The prevailing party may be entitled to recovery of reasonable legal fees and costs where permitted by applicable law.

19.6 Time Limitation All claims must be brought within one (1) year of the date the claim arose or be forever barred, unless a longer period is mandated by applicable law.

19.7 Confidentiality of Proceedings All arbitration proceedings, communications, and documentation shall be treated as strictly confidential by all parties unless disclosure is required by law.

19.8 Severability of Arbitration Clause If any part of this arbitration clause is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect to the extent permitted by law.

20. Modification to Terms

20.1 Right to Modify Elite Talent reserves the right, at its sole discretion, to modify, amend, or update these Terms of Service at any time. Changes may be made to reflect legal or regulatory developments, operational practices, or enhancements to Platform functionality and user experience.

20.2 Notification of Changes All modifications will be communicated by:

• Posting the updated version on the Platform;
• Revising the “Last Updated” date at the top of this document;
• Providing in-platform notifications, email alerts, or pop-up prompts where required by law or deemed significant.

20.3 Binding Effect Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must cease use of the Platform and close your account. It is your responsibility to periodically review the Terms to remain informed of any updates.

20.4 Retroactive Changes No modification shall apply retroactively unless required by law or expressly stated by Elite Talent.

21. Governing Law

21.1 Applicable Law This Agreement and any dispute or claim arising from or in connection with it (including non-contractual disputes or claims) shall be governed and interpreted in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

21.2 Jurisdiction The parties irrevocably submit to the exclusive jurisdiction of the courts of South Africa for the resolution of any dispute or claim arising under this Agreement that is not otherwise subject to arbitration under Section 14.

21.3 Legal Compliance Users are solely responsible for ensuring that their use of the Platform is compliant with all applicable laws, regulations, and licensing requirements in their respective jurisdictions.

21.4 Language This Agreement is drafted in English. Any translation provided shall be for convenience only, and the English version shall prevail in the event of a dispute.

22. Force Majeure

Elite Talent shall not be held liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by events beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, floods, earthquakes, storms, or pandemics;
• Acts of civil or military authority, war, terrorism, riots, or insurrection;
• Labour disputes, strikes, or lockouts;
• Electrical, telecommunications, internet, or utility failures;
• Governmental regulations or restrictions;
• Fire, explosion, or embargo.

In the event of such a force majeure occurrence, Elite Talent shall be excused from further performance or obligations until the event ceases or is remedied. Users acknowledge that access to the Platform or performance of services may be temporarily suspended without liability during such circumstances.

23. Electronic Communication

By using the Platform, you consent to receive communications from Elite Talent electronically, including but not limited to email, platform notifications, or messages posted to your account. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

You are responsible for maintaining accurate contact information in your account settings to ensure receipt of electronic communications. Failure to receive or read an electronic communication due to outdated or incorrect information shall not absolve you of responsibility.

Elite Talent is not liable for any damages or issues arising from your failure to receive, access, or act upon an electronic communication. You may withdraw consent to receive communications electronically by closing your account and ceasing use of the Platform.

24. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or guidelines linked to or referenced herein, constitute the entire agreement between you and Elite Talent with respect to the use of the Platform and supersede all prior or contemporaneous communications, understandings, agreements, representations, or proposals, whether oral or written.

No oral explanation or oral information given by any party shall alter the interpretation of this Agreement. Any waiver or modification of these Terms must be in writing and signed by an authorised representative of Elite Talent.

In the event of any conflict or inconsistency between these Terms and any other agreement executed between the parties regarding use of the Platform, these Terms shall prevail unless explicitly stated otherwise in writing.

25. Glossary

For ease of reference, the following terms are defined as used throughout these Terms of Service:

• Account: A registered user profile on the Elite Talent Platform that enables Clients and Freelancers to access and use services.
• AFSA: Arbitration Foundation of Southern Africa, the governing body for arbitration under these Terms.
• Client: Any User who posts projects or service requests and pays Freelancers for deliverables via the Platform.
• Confidential Information: Any proprietary, sensitive, or non-public data disclosed in relation to a Service Contract or Platform use.
• Content: Any text, media, files, communications, documents, or intellectual property submitted, generated, or transmitted via the Platform.
• Deliverables: The final output or work product submitted by a Freelancer to a Client in fulfilment of a Service Contract.
• Dispute: Any conflict between Users or between a User and Elite Talent concerning rights, obligations, or service outcomes.
• Escrow Account: A controlled payment system where project funds are securely held by Elite Talent until delivery and acceptance are confirmed.
• Freelancer: A User who offers services to Clients through the Platform and delivers work in exchange for compensation.
• Milestone: A pre-agreed deliverable or partial payment point within a Service Contract, representing a measurable and defined portion of work to be completed and approved before payment is released. Each Milestone may correspond to specific tasks, outputs, or timeframes, and may be reviewed, revised, or disputed independently of the overall Service Contract.

26. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable under applicable law, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable portion shall be replaced with a valid and enforceable provision that most closely matches the original intent and purpose of the provision to the fullest extent permitted by law. This clause shall apply regardless of the nature of the unenforceability, whether substantive or procedural.

27. Contact

Questions regarding these Terms may be directed to:
Email: info@elitetalent.africa
Website: www.elitetalent.africa

This Agreement supersedes all prior agreements. Your statutory rights remain unaffected.