INTRODUCTION TO OUR POLICIES: This comprehensive policy framework has been developed to establish clear expectations and professional standards for Service Providers on the Mphakathi Online platform. These policies are designed to create a transparent, fair, and efficient marketplace that benefits both Service Providers and Members while ensuring high-quality service delivery.

Black Effort Works Trading as Mphakathi Online Refund Policy

Effective Date: June 15, 2025

At Black Effort Works Trading as Mphakathi Online, we are committed to ensuring satisfaction with our platform and the services facilitated through it. This Refund Policy outlines the comprehensive conditions under which refunds may be issued for membership fees and per-service payments.

1.1 Membership Fee Refunds

Initial Joining Fee (R150)

The once-off joining fee of R150 is generally non-refundable to cover administrative and onboarding costs, except in the following specific circumstances:

  • Application Rejection: If your membership application is rejected by Black Effort Works Trading as Mphakathi Online due to failure to meet platform requirements.
  • Cooling-off Period: Cancellation within 7 (seven) calendar days of successful sign-up, provided:
    • No services have been requested, booked, or utilized.
    • No member benefits have been accessed.
    • An administrative fee of R25 may be deducted from the refund.
  • Technical Failure: If our platform experiences prolonged technical issues preventing account activation for more than 14 days from payment.

Monthly Subscription Fees (R50/month)

Monthly subscription fees are non-refundable once paid for the current billing cycle.

Cancellation of subscription maintains access to member benefits until the end of the current billing cycle.

Exceptional Circumstances for monthly fee refunds may include:

  • Demonstrable technical issues preventing platform access for more than 7 consecutive days within a billing cycle, directly attributable to our systems.
  • Duplicate payment processing errors.
  • Unauthorized charges due to system malfunction.

Pro-rata Refunds

Where applicable, refunds will be calculated on a pro-rata basis, minus applicable administrative fees.

1.2 Per-Service Payment Refunds

Service Unfulfilled by Provider

Members may be entitled to a full or partial refund if:

  • The assigned Service Provider fails to show up for the scheduled service without valid notice.
  • Service quality is deemed unacceptable after investigation by Black Effort Works Trading as Mphakathi Online.
  • Service Provider cancels within 4 hours of scheduled time without emergency circumstances.

Refund Process for Services

  • Reporting Period: Members must report issues within 48 hours of scheduled service time.
  • Investigation: We conduct thorough investigation including communication with both parties.
  • Resolution Timeline: Refund decisions communicated within 5 business days of report.
  • Refund Amount: Determined based on:
    • Severity of service failure.
    • Time and resources already committed.
    • Member inconvenience level.

Service Provider Cancellations

  • Advance Notice (24+ hours): Full refund issued automatically.
  • Short Notice (4-24 hours): Full refund plus R25 inconvenience compensation.
  • Emergency Cancellation: Full refund, case-by-case assessment for additional compensation.

Member-Initiated Service Cancellations

Refunds subject to our Cancellation Policy timelines and terms.

1.3 Dispute Resolution and Refunds

As an intermediary platform, Black Effort Works Trading as Mphakathi Online:

  • Facilitates communication between parties.
  • Conducts impartial investigations.
  • Makes final refund determinations acting reasonably and in good faith.
  • Reserves the right to request evidence (photos, documentation) to support claims.

1.4 General Refund Conditions

Application Process

All refund requests must be submitted through our official channels:

  • Email: refunds@mphakathionline.co.za
  • Member Portal: refund request form.
  • WhatsApp: 0685326165 (for urgent matters).

Required Information

Refund requests must include:

  • Account details and transaction reference.
  • Detailed explanation of grounds for refund.
  • Supporting evidence where applicable.
  • Preferred refund method.

Processing Timeline

  • Approved Refunds: Processed within 7-14 business days to original payment method.
  • Paystack Payments: May take additional 3-5 business days for bank processing.
  • Failed Payment Methods: Alternative arrangements will be made.

Refund Limitations

  • Administrative fees may be deducted where specified.
  • Refunds cannot exceed the original payment amount.
  • Fraudulent or abusive refund requests will be denied.
  • Repeated refund requests may trigger account review.

1.5 Contact Information

For refund inquiries:

  • Email: refunds@mphakathionline.co.za
  • Phone: 0782262177
  • WhatsApp: 0685326165
  • Operating Hours: Monday-Friday, 8:00 AM - 5:00 PM (SAST)

Black Effort Works Trading as Mphakathi Online Cancellation Policy

Effective Date: June 15, 2025

This Cancellation Policy outlines comprehensive procedures and conditions for cancelling memberships and service bookings facilitated through our platform.

2.1 Membership Cancellation

Member-Initiated Cancellation

Cancellation Methods:

  • Members Portal: Self-service cancellation option.
  • Email: support@mphakathionline.co.za
  • WhatsApp: 0685326165
  • Phone: 0782262177

Cancellation Process:

  • Submit cancellation request through preferred method.
  • Receive confirmation within 24 hours.
  • Complete exit survey (optional but appreciated).
  • Final billing cycle access maintained until expiry.

Effective Date:

  • Cancellation takes effect at the end of current billing cycle.
  • No further monthly fees will be charged.
  • Access to member benefits maintained until subscription expires.

Non-Refundable Elements:

  • Initial joining fee (R150) remains non-refundable except as per Refund Policy.
  • Current month's subscription fee is non-refundable.

Platform-Initiated Cancellation

Black Effort Works Trading as Mphakathi Online reserves the right to immediately suspend or terminate membership for:

Serious Violations:

  • Breach of Terms of Service.
  • Fraudulent activity or payment disputes.
  • Abusive behavior toward Service Providers or staff.
  • Misuse of platform for illegal activities.
  • Repeated violation of cancellation policies.

Process:

  • Written notice provided via email and platform notification.
  • Opportunity to respond within 48 hours for disputes.
  • Final decision communicated within 5 business days.
  • No refunds issued for terminated accounts due to violations.

2.2 Service Booking Cancellation

Member Cancellation Timeline

24+ Hours Before Service:

  • Refund: 100% of service fee.
  • Process: Cancel through Members Portal or contact support.
  • Confirmation: Immediate email confirmation sent.

4-24 Hours Before Service:

  • Refund: 50% of service fee.
  • Cancellation Fee: R25 may apply.
  • Process: Contact support directly for urgent cancellation.
  • Service Provider Notification: Automatic notification sent.

Less than 4 Hours Before Service:

  • Refund: No refund issued.
  • Reason: Service Provider preparation time and opportunity cost.
  • Exception: Medical emergencies with documentation.

Member No-Show:

  • Refund: No refund issued.
  • Consequence: Warning issued to member account.
  • Repeated Offenses: May result in membership review.

Service Provider Cancellation

24+ Hours Notice:

  • Member receives full refund automatically.
  • Platform attempts to find replacement provider.
  • Member may choose alternative provider or full refund.

4-24 Hours Notice:

  • Full refund plus R25 inconvenience compensation.
  • Priority rebooking assistance provided.
  • Service Provider receives cancellation warning.

Less than 4 Hours Notice:

  • Full refund plus R50 inconvenience compensation.
  • Service Provider account flagged for review.
  • Potential suspension for repeated offenses.

Emergency Cancellations:

  • Documented emergencies (medical, family, safety) treated separately.
  • Full refund issued with case-by-case compensation review.
  • Service Provider maintains good standing with proper documentation.

Platform-Initiated Cancellation

Circumstances:

  • Service Provider unavailability with no replacement.
  • Safety concerns raised by either party.
  • Suspected fraudulent activity.
  • Weather or external circumstances preventing service delivery.

Process:

  • Immediate notification to both parties.
  • Full refund processed within 24 hours.
  • Assistance with rebooking when circumstances permit.

2.3 Cancellation Impact on Platform Standing

Member Account Impact

  • Good Standing: Proper cancellations have no negative impact.
  • Pattern Analysis: Excessive cancellations may trigger account review.
  • Support Consultation: Available for members experiencing difficulties.

Service Provider Impact

  • Performance Metrics: Cancellation rates tracked and reviewed.
  • Quality Standards: Maintained through cancellation monitoring.
  • Support and Training: Provided to help reduce cancellation rates.

2.4 Force Majeure

Neither Black Effort Works Trading as Mphakathi Online, Members, nor Service Providers shall be liable for cancellations due to circumstances beyond reasonable control, including:

  • Natural disasters and extreme weather conditions.
  • Government regulations and lockdown orders.
  • Civil unrest, strikes, or public safety concerns.
  • Infrastructure failures (power, internet, transportation).
  • Public health emergencies.

Force Majeure Process:

  • Immediate notification to all affected parties.
  • Full refunds issued for cancelled services.
  • Rebooking assistance when circumstances permit.
  • No penalties applied to any party.

2.5 Contact Information

For cancellation support:

  • Email: cancellations@mphakathionline.co.za
  • WhatsApp: 0685326165
  • Phone: 0782262177
  • Emergency Line: 0782262177 (for urgent same-day cancellations)

Black Effort Works Trading as Mphakathi Online Terms of Service

Effective Date: June 15, 2025

Welcome to Mphakathi Online! These comprehensive Terms of Service ("Terms") govern your access to and use of the Mphakathi Online website, mobile application, and all related services.

3.1 Acceptance and Scope of Terms

Agreement Formation

By accessing, browsing, registering for, or using any part of our Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, along with our:

  • Privacy Policy.
  • Refund Policy.
  • Cancellation Policy.
  • Service Provider Agreement (for Service Providers).

Binding Nature

These Terms constitute a legally binding agreement between you and Black Effort Works Trading as Mphakathi Online. If you do not agree with any provision, you must discontinue use immediately.

Updates and Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated through:

  • Email notification to registered users.
  • Prominent notice on the Platform.
  • In-app notifications.
  • 30-day advance notice for significant changes.

Continued use after notification constitutes acceptance of revised Terms.

3.2 Platform Description and Business Model

Our Role

Black Effort Works Trading as Mphakathi Online operates as a digital intermediary platform that:

  • Connects community Members requiring services with qualified Service Providers.
  • Facilitates secure booking and payment processes.
  • Provides communication tools and scheduling systems.
  • Offers dispute resolution and customer support services.
  • Maintains quality standards through vetting and monitoring.

What We Don't Do

  • Directly provide the services listed on our platform.
  • Employ Service Providers as staff members.
  • Guarantee service availability, quality, or outcomes.
  • Act as an insurance provider for services rendered.
  • Assume liability for Service Provider actions or omissions.

Independent Contractor Relationship

All Service Providers are independent contractors who:

  • Set their own service offerings and availability.
  • Maintain their own business operations and equipment.
  • Are responsible for their own tax obligations and insurance.
  • Enter into direct service agreements with Members.

3.3 User Eligibility and Account Requirements

Age and Capacity Requirements

Users must:

  • Be at least 18 years of age.
  • Have legal capacity to enter binding contracts.
  • Provide valid South African identification.
  • Maintain a valid contact number and email address.

Registration Process

Account creation requires:

  • Accurate personal information (name, contact details, address).
  • Valid payment method for membership fees.
  • Acceptance of all platform policies.
  • Verification of identity and contact information.
  • Completion of platform orientation.

Account Security Responsibilities

Users are solely responsible for:

  • Maintaining confidentiality of login credentials.
  • All activities conducted under their account.
  • Immediate notification of unauthorized access.
  • Regular updating of account information.
  • Logging out from shared devices.

3.4 Membership Structure and Obligations

Membership Types and Fees

Standard Membership:

  • Once-off joining fee: R150.
  • Monthly subscription: R50.
  • Access to all platform features.
  • Unlimited service requests.
  • Customer support access.

Member Responsibilities and Obligations

Service Requests:

  • Provide accurate, complete, and honest service descriptions.
  • Specify realistic timelines and requirements.
  • Disclose any special conditions or safety considerations.
  • Maintain reasonable availability for Service Provider communication.

Payment Obligations:

  • Timely payment of all membership fees.
  • Payment for confirmed service bookings.
  • Responsibility for payment disputes with banks/payment providers.
  • Understanding that services are paid in advance.

Professional Conduct:

  • Treat all Service Providers with respect and professionalism.
  • Provide safe and appropriate working environments.
  • Communicate clearly and promptly regarding service needs.
  • Report issues through proper channels.

Platform Usage:

  • Use platform exclusively for legitimate service needs.
  • Refrain from attempting to circumvent platform systems.
  • Respect intellectual property and platform features.
  • Maintain accurate account information.

3.5 Service Provider Requirements and Standards

Onboarding Requirements

Service Providers must:

  • Complete comprehensive application process.
  • Provide proof of relevant qualifications and experience.
  • Submit valid identification and contact information.
  • Agree to background verification process.
  • Complete platform training and orientation.

Professional Standards

  • Maintain relevant licenses, certifications, and insurance.
  • Provide services with professional skill and care.
  • Adhere to agreed timelines, prices, and specifications.
  • Use appropriate equipment and materials.
  • Follow safety protocols and industry standards.

Communication Standards:

  • Respond to service requests within specified timeframes.
  • Maintain professional communication with Members.
  • Provide clear explanations of services and pricing.
  • Report issues or concerns promptly to platform support.

Platform Compliance:

  • Understand and comply with allocation system procedures.
  • Accept or decline requests in a timely manner.
  • Follow cancellation and modification procedures.
  • Participate in quality assurance processes.

3.6 Service Booking and Transaction Process

Service Request Process

  • Member Posts Request: Detailed description of service needed.
  • Provider Offers: Qualified Service Providers submit competitive offers.
  • Member Selection: Member reviews and accepts preferred offer.
  • Agreement Formation: Direct service contract established between parties.
  • Payment Processing: Secure payment through Paystack integration.
  • Service Delivery: Provider completes service according to agreement.
  • Completion Confirmation: Both parties confirm satisfactory completion.

Payment Processing and Security

Payment Methods:

  • Credit and debit cards (Visa, Mastercard).
  • Instant EFT and bank transfers.
  • Digital wallets where available.
  • All payments processed through PCI-compliant Paystack.

Payment Security:

  • Platform does not store sensitive payment information.
  • All transactions encrypted using industry-standard protocols.
  • Fraud monitoring and prevention systems active.
  • Regular security audits and compliance checks.

Service Provider Compensation

  • Payment released upon service completion confirmation.
  • Platform service fees deducted as per Service Provider Agreement.
  • Payment disputes handled through established procedures.
  • Tax documentation provided for annual reporting.

3.7 Quality Assurance and Dispute Resolution

Quality Monitoring Systems

We maintain service quality through:

  • Regular Member feedback collection and analysis.
  • Service Provider performance monitoring.
  • Random quality audits and spot checks.
  • Continuous improvement based on user input.

Dispute Resolution Process

Initial Resolution:

  • Direct communication encouraged between parties.
  • Platform mediation services available.
  • Evidence collection and review process.
  • Impartial assessment of disputed issues.

Escalation Procedures:

  • Formal complaint submission through designated channels.
  • Investigation by dedicated resolution team.
  • Communication with all involved parties.
  • Final determination based on evidence and platform policies.

Resolution Outcomes:

  • Service re-performance at no additional cost.
  • Partial or full refunds where appropriate.
  • Service Provider coaching or training.
  • Account warnings or restrictions for policy violations.

3.8 Prohibited Activities and Enforcement

Strictly Prohibited Activities

Users may not:

  • Use platform for illegal activities or services.
  • Harass, threaten, or abuse other users.
  • Attempt to circumvent payment systems.
  • Create multiple accounts without authorization.
  • Share account credentials with unauthorized persons.
  • Post false, misleading, or deceptive information.
  • Interfere with platform operations or security systems.

Enforcement Actions

Violations may result in:

  • Warnings: For minor or first-time violations.
  • Account Restrictions: Limited access to certain features.
  • Temporary Suspension: Account temporarily deactivated.
  • Permanent Termination: Complete removal from platform.
  • Legal Action: For serious violations or illegal activities.

3.9 Intellectual Property Rights

Platform Intellectual Property

All platform content, features, and functionality are owned by Black Effort Works Trading as Mphakathi Online, including:

  • Software code, algorithms, and technical systems.
  • Platform design, layout, and user interface.
  • Trademarks, logos, and brand elements.
  • Content, text, graphics, and multimedia elements.

User-Generated Content

Users grant us limited rights to:

  • Display and process service requests and descriptions.
  • Use feedback and reviews for platform improvement.
  • Aggregate anonymized data for analytics and reporting.
  • Communicate user content to facilitate service delivery.

Respect for Third-Party Rights

Users must:

  • Respect copyrights, trademarks, and intellectual property.
  • Obtain necessary permissions for proprietary content.
  • Refrain from uploading unauthorized material.
  • Report suspected intellectual property violations.

3.10 Disclaimers and Limitation of Liability

Service Disclaimers

Platform Availability:

  • Services provided "as is" without warranties of availability.
  • No guarantee of uninterrupted or error-free operation.
  • Maintenance and updates may temporarily affect accessibility.
  • Force majeure events may impact service delivery.

Third-Party Services:

  • No control over or responsibility for Service Provider actions.
  • No guarantee of service quality, timeliness, or satisfaction.
  • Service Providers act as independent contractors.
  • Members assume risk for service provider selection.

Limitation of Liability

Scope of Limitations:

To the maximum extent permitted by South African law, Black Effort Works Trading as Mphakathi Online shall not be liable for:

  • Indirect, incidental, special, or consequential damages.
  • Loss of profits, revenue, data, or business opportunities.
  • Service Provider negligence, misconduct, or failure to perform.
  • Technical malfunctions or system unavailability.
  • User errors or misuse of platform services.
  • Third-party payment processing issues.

Maximum Liability:

Our total liability for any claim shall not exceed the lesser of:

  • Fees paid by the user in the 12 months preceding the incident.
  • R5,000 per incident or related series of incidents.

3.11 Indemnification

User Indemnification Obligation

Users agree to indemnify, defend, and hold harmless Black Effort Works Trading as Mphakathi Online, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from:

  • Use or misuse of the platform.
  • Violation of these Terms or applicable laws.
  • Infringement of third-party rights.
  • Service delivery disputes between Members and Service Providers.
  • User-generated content or communications.

Process for Indemnification Claims

  • Prompt written notice of claims requiring indemnification.
  • Cooperation in defense and settlement negotiations.
  • Right to participate in defense with qualified legal counsel.
  • Reasonable efforts to mitigate damages and exposure.

3.12 Governing Law and Jurisdiction

Applicable Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, including:

  • Consumer Protection Act, 2008.
  • Electronic Communications and Transactions Act, 2002.
  • Protection of Personal Information Act, 2013.
  • Competition Act, 1998.

Jurisdiction and Venue

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa. Users consent to personal jurisdiction and venue in appropriate South African courts.

Alternative Dispute Resolution

Before pursuing formal legal action, parties agree to attempt resolution through:

  • Direct negotiation between parties.
  • Mediation through accredited mediators.
  • Industry-specific arbitration where appropriate.

3.13 General Provisions

  • Entire Agreement: These Terms, together with referenced policies, constitute the complete agreement between parties regarding platform use, superseding all prior agreements, representations, or understandings.
  • Severability: If any provision is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, with invalid provisions modified to achieve their intended purpose to the extent possible.
  • No Waiver: Failure to enforce any provision does not constitute a waiver of that provision or any other provision. All rights and remedies remain available unless explicitly waived in writing.
  • Assignment: Users may not assign or transfer their rights or obligations under these Terms without prior written consent. We may assign these Terms in connection with business transfers or reorganizations.
  • Survival: Provisions that by their nature should survive termination (including indemnification, limitation of liability, and governing law) shall continue in effect after termination of these Terms.

3.14 Contact Information

For questions, concerns, or notices regarding these Terms:

Black Effort Works Trading as Mphakathi Online

  • Email: legal@mphakathionline.co.za
  • Phone: 0782262177
  • WhatsApp: 0685326165
  • Physical Address: Orange Street, Protea Glenn, Soweto
  • Business Hours: Monday-Friday, 8:00 AM - 5:00 PM (SAST)

Black Effort Works Trading as Mphakathi Online Privacy Policy

Effective Date: June 15, 2025

This Privacy Policy explains how Black Effort Works Trading as Mphakathi Online ("we," "us," or "our") collects, uses, discloses, and protects your personal information in compliance with the Protection of Personal Information Act, 2013 (POPIA) and other applicable South African privacy laws.

4.1 Information We Collect

Personal Information Categories

  • Identity and Contact Information:
    • Full name and surname.
    • South African ID number or passport number.
    • Physical and postal addresses.
    • Email addresses and phone numbers.
    • Date of birth and demographic information.
  • Account and Membership Information:
    • Username and password (encrypted).
    • Membership status and subscription history.
    • Platform preferences and settings.
    • Communication preferences.
  • Service-Related Information:
    • Service requests and descriptions.
    • Service provider interactions and communications.
    • Booking history and transaction records.
    • Reviews, ratings, and feedback provided.
  • Financial Information:
    • Payment method details (processed by Paystack - we don't store full card details).
    • Transaction history and payment records.
    • Billing addresses and tax information.
    • Refund and dispute records.
  • Technical Information:
    • IP addresses and device identifiers.
    • Browser type and operating system.
    • Platform usage patterns and clickstream data.
    • Location data (when location services enabled).
    • Session information and authentication tokens.
  • Communication Records:
    • Customer support interactions.
    • Platform messages between users.
    • Email communications and responses.
    • WhatsApp and phone call records (when applicable).

Special Categories of Information

We may process special categories of personal information only when:

  • Explicitly consented to by the data subject.
  • Necessary for service delivery (e.g., medical information for healthcare services).
  • Required by law or legal proceedings.
  • Necessary for establishment, exercise, or defense of legal claims.

4.2 How We Collect Information

Direct Collection Methods

Registration and Account Creation:

  • Information provided during sign-up process.
  • Profile completion and verification steps.
  • Document uploads for identity verification.
  • Payment method registration.

Platform Usage:

  • Service requests and booking information.
  • Direct messages and communications.
  • Reviews, ratings, and feedback submissions.
  • Customer support interactions.

Voluntary Submissions:

  • Newsletter subscriptions and marketing preferences.
  • Survey responses and feedback forms.
  • Contest or promotion participation.
  • Community forum participation.

Automatic Collection Methods

Technical Data Collection:

  • Cookies and similar tracking technologies.
  • Server logs and access records.
  • Usage analytics and performance monitoring.
  • Security monitoring and fraud detection systems.

Third-Party Integration:

  • Social media login integrations (if used).
  • Payment processor data (Paystack integration).
  • Analytics tools and service providers.
  • Customer support platforms.

4.3 Purpose and Legal Basis for Processing

Primary Business Purposes

Service Delivery and Platform Operation:

  • Facilitating connections between Members and Service Providers.
  • Processing service bookings and payments.
  • Providing customer support and dispute resolution.
  • Maintaining platform security and preventing fraud.

Account Management:

  • Creating and maintaining user accounts.
  • Processing membership fees and subscriptions.
  • Sending important account notifications.
  • Managing access rights and permissions.

Quality Assurance:

  • Monitoring service quality and user satisfaction.
  • Conducting background checks on Service Providers.
  • Investigating complaints and disputes.
  • Implementing platform improvements.

Legal Basis Under POPIA

  • Consent: Where you have explicitly agreed to processing for specific purposes.
  • Contract Performance: Necessary for providing platform services and fulfilling membership agreements.
  • Legitimate Interests: For business operations, security, and improvement activities.
  • Legal Compliance: To comply with applicable laws and regulatory requirements.

Secondary Purposes

Marketing and Communications:

  • Sending newsletters and promotional materials (with consent).
  • Conducting market research and user surveys.
  • Providing information about new services and features.
  • Targeted advertising based on platform usage.

Analytics and Improvement:

  • Analyzing platform usage patterns and trends.
  • Identifying areas for service enhancement.
  • Developing new features and functionality.
  • Conducting performance optimization.

4.4 Information Sharing and Disclosure

Internal Sharing

Information may be shared within Black Effort Works Trading as Mphakathi Online for:

  • Service delivery and operational purposes.
  • Customer support and dispute resolution.
  • Compliance and legal requirements.
  • Business analytics and improvement initiatives.

Service Providers and Third Parties

Essential Service Providers:

  • Paystack: Payment processing and financial transactions.
  • Cloud Hosting Providers: Secure data storage and platform hosting.
  • Communication Services: Email, SMS, and messaging service providers.
  • Analytics Providers: Platform performance and usage analytics.

Professional Service Providers:

  • Legal advisors and compliance consultants.
  • Accounting and financial service providers.
  • Marketing and advertising service providers.
  • Technical support and development contractors.

Platform Users

Member-Service Provider Matching:

  • Contact information shared when bookings are confirmed.
  • Service location and scheduling information.
  • Relevant service requirements and specifications.
  • Communication facilitation for service delivery.

Public Information:

  • Service Provider profiles and ratings (with consent).
  • Anonymous reviews and feedback.
  • General platform statistics and success stories.
  • Community forum contributions (if applicable).

Legal and Regulatory Disclosure

Information may be disclosed when required by:

  • Court orders, subpoenas, or legal processes.
  • Law enforcement investigations.
  • Regulatory compliance requirements.
  • Protection of legal rights and interests.
  • Prevention of fraud or illegal activities.

4.5 Data Protection and Security Measures

Technical Security Measures

Encryption and Data Protection:

  • End-to-end encryption for sensitive data transmission.
  • Strong encryption for data storage (AES-256).
  • Secure SSL/TLS protocols for all platform communications.
  • Regular security audits and vulnerability assessments.

Access Controls:

  • Multi-factor authentication for administrative access.
  • Role-based access permissions and restrictions.
  • Regular access reviews and permission updates.
  • Secure password policies and requirements.

System Security:

  • Firewall protection and intrusion detection systems.
  • Regular security patches and system updates.
  • Malware protection and monitoring.
  • Backup and disaster recovery procedures.

Organizational Security Measures

Staff Training and Awareness:

  • Regular privacy and security training programs.
  • Clear data handling policies and procedures.
  • Confidentiality agreements for all staff members.
  • Incident response training and protocols.

Vendor Management:

  • Due diligence assessments for third-party providers.
  • Contractual data protection requirements.
  • Regular security audits of service providers.
  • Data processing agreements with all vendors.

Data Minimization:

  • Collection limited to necessary information only.
  • Regular review and deletion of unnecessary data.
  • Purpose limitation for all data processing activities.
  • Storage limitation based on retention policies.

4.6 Data Retention and Deletion

Retention Periods

Active Account Data:

  • Account information: Retained while account is active plus 2 years after closure.
  • Transaction records: 7 years for financial and tax compliance.
  • Communication records: 3 years for dispute resolution purposes.
  • Usage analytics: Aggregated data retained indefinitely (anonymized).

Inactive Account Data:

  • Automatic deletion after 3 years of account inactivity.
  • Prior notification sent before deletion.
  • Option to reactivate account within specified timeframe.
  • Essential records retained for legal compliance only.

Deletion Procedures

User-Requested Deletion:

  • Processing within 30 days of verified request.
  • Confirmation of deletion provided to user.
  • Retention of essential records for legal compliance.
  • Anonymous data may be retained for analytics.

Automatic Deletion:

  • Systematic review and deletion of expired data.
  • Secure deletion methods to prevent recovery.
  • Documentation of deletion activities.
  • Compliance with regulatory requirements.

4.7 Your Rights Under POPIA

Access Rights

You have the right to:

  • Confirmation of whether we process your personal information.
  • Access to your personal information in our possession.
  • Information about processing purposes and methods.
  • Details of third parties who have received your information.

Correction and Update Rights

You have the right to:

  • Request correction of inaccurate personal information.
  • Update incomplete personal information.
  • Verification of corrections made.
  • Notification of corrections to third parties (where practical).

Black Effort Works Trading as Mphakathi Online Service Provider Agreement

Effective Date: June 15, 2025

1. ROLE OF SERVICE PROVIDER

Independent Contractor Status

  • Service Providers are independent contractors, not employees, partners, or agents of Black Effort Works Trading as Mphakathi Online.
  • No employment benefits, workers' compensation, or employment protections apply.
  • Service Providers are responsible for their own tax obligations, business licenses, and regulatory compliance.
  • Freedom to work with other platforms or clients outside of Mphakathi Online.
  • No exclusivity requirements unless specifically agreed upon for premium service tiers.

Scope of Independence

  • Service Providers set their own schedules and availability.
  • Control over service delivery methods (within platform standards).
  • Responsibility for their own equipment, tools, and transportation.
  • Right to decline bookings without penalty (subject to acceptance rate policies).

2. ONBOARDING & VETTING

Initial Requirements

  • Valid South African ID or work permit.
  • Relevant qualifications, certifications, or experience in service category.
  • Clean criminal background check (services involving home entry or vulnerable populations).
  • Professional references from previous clients or employers.
  • Proof of business registration (if applicable).
  • Valid driver's license and vehicle registration (for mobile services).

Application Process

  • Complete online application with detailed service offerings.
  • Submit portfolio of previous work or case studies.
  • Pass skills assessment or practical demonstration.
  • Attend virtual or in-person orientation session.
  • Sign Service Provider Agreement and platform policies.

Ongoing Vetting

  • Annual background check renewals for sensitive service categories.
  • Continuous monitoring of customer ratings and feedback.
  • Periodic skill assessments for technical services.
  • Compliance audits for regulated professions (electrical, plumbing, etc.).

3. SERVICE STANDARDS

Quality Expectations

  • Maintain minimum 4.0-star average rating over rolling 90-day period.
  • Complete services according to agreed specifications and timeframes.
  • Use professional-grade equipment and materials appropriate for service type.
  • Provide clear communication before, during, and after service delivery.
  • Follow health and safety protocols relevant to service category.

Professional Conduct

  • Arrive punctually for scheduled appointments (within 15-minute window).
  • Dress appropriately and maintain professional appearance.
  • Communicate respectfully with all Members and platform staff.
  • Protect Member privacy and property during service delivery.
  • Report any issues or incidents immediately through platform channels.

Compliance Requirements

  • Adhere to all applicable laws, regulations, and industry standards.
  • Maintain required licenses and certifications.
  • Follow platform community guidelines and terms of service.
  • Participate in mandatory training updates and policy changes.
  • Submit to quality inspections when requested.

4. ACCEPTANCE/DECLINE OF BOOKINGS

Booking Response System

  • Service Providers must respond to booking requests within 2 hours during active hours.
  • Clear acceptance or decline with brief reason for declining.
  • Automatic decline after 2-hour timeout to maintain Member experience.
  • Emergency booking protocols for urgent service requests.

Acceptance Rate Policy

  • Maintain minimum 70% acceptance rate for continued platform access.
  • Exceptions for legitimate reasons: scheduling conflicts, service outside expertise, unsafe conditions.
  • Premium Service Providers (higher tier) must maintain 85% acceptance rate.
  • Quarterly review of acceptance rates with improvement plans for underperforming providers.

Implications of Declining

  • No direct penalties for individual declined bookings with valid reasons.
  • Consistent declining patterns may result in reduced visibility in search results.
  • Excessive declining without valid reasons may trigger account review.
  • Right to decline bookings that violate safety protocols or fall outside service scope.

5. COMPENSATION & PAYOUTS

Commission Structure

  • Black Effort Works Trading as Mphakathi Online retains 15% commission on completed bookings.
  • Service Providers receive 85% of the total booking value.
  • Premium Service Providers (verified professionals) receive 87% of booking value.
  • Commission covers payment processing, platform maintenance, customer support, and marketing.

Payment Processing

  • Payments processed within 48 hours of completed service confirmation.
  • Direct bank transfer to Service Provider's registered account.
  • Mobile money options (MTN Mobile Money, Vodacom M-Pesa) available.
  • Monthly consolidated statements provided for tax and accounting purposes.

Additional Fees

  • No monthly or annual platform fees for basic Service Provider accounts.
  • Optional premium features available for additional monthly fees.
  • Cancellation fees deducted from Service Provider earnings when at fault.
  • Chargeback fees applied when disputes result in refunds due to Service Provider fault.

Pricing Control

  • Service Providers set their own service rates within platform guidelines.
  • Seasonal and surge pricing allowed with advance notice.
  • Transparent pricing display to Members before booking confirmation.
  • No hidden fees or charges beyond agreed service price.

6. CANCELLATION POLICY

Service Provider Obligations

  • Minimum 24-hour notice required for non-emergency cancellations.
  • Emergency cancellations must be reported immediately with valid documentation.
  • Alternative Service Provider suggestions when possible for cancelled bookings.
  • Compensation to Members for last-minute cancellations without valid cause.

Cancellation Penalties

  • First cancellation within 24 hours: Warning and mandatory training module.
  • Second cancellation within 90 days: R100 penalty fee and rating impact.
  • Third cancellation within 90 days: Temporary suspension and account review.
  • Pattern of cancellations may result in permanent platform removal.

Valid Cancellation Reasons

  • Medical emergencies (with medical certificate).
  • Family emergencies or bereavement.
  • Vehicle breakdown or transportation issues (with documentation).
  • Severe weather conditions affecting service delivery.
  • Member safety concerns or inappropriate behavior.

7. DISPUTE RESOLUTION

Internal Resolution Process

  • Direct Communication: Service Providers and Members encouraged to resolve minor issues directly.
  • Platform Mediation: Mphakathi Online customer support mediates unresolved disputes.
  • Evidence Review: Platform reviews booking details, communications, photos, and other relevant evidence.
  • Decision and Action: Binding decision issued within 5 business days with appropriate remedies.

Dispute Categories

  • Service Quality Issues: Refunds, re-work requirements, or rating adjustments.
  • Payment Disputes: Commission calculations, payout delays, or fee disagreements.
  • Policy Violations: Conduct issues, safety concerns, or terms of service breaches.
  • Technical Issues: Platform functionality problems affecting bookings or payments.

Escalation to External Resolution

  • Unresolved disputes may be escalated to independent arbitration.
  • Arbitration costs shared equally between parties.
  • Final arbitration decisions are binding on all parties.
  • Legal action only permitted after exhausting internal resolution processes.

8. CONFIDENTIALITY

Member Information Protection

  • Service Providers must not share Member contact information with third parties.
  • No use of Member data for direct marketing or solicitation outside platform.
  • Secure handling of Member payment information and personal details.
  • Immediate reporting of any data breaches or security incidents.

Business Information

  • Platform operational details and business strategies must remain confidential.
  • Service Provider lists and contact information not to be shared.
  • Commission structures and platform fees confidential to competitive protection.
  • Marketing strategies and customer acquisition methods proprietary information.

Post-Termination Obligations

  • Confidentiality obligations continue for 2 years after agreement termination.
  • Return or destruction of any platform materials or Member information.
  • Non-solicitation of Members contacted through platform for 12 months.
  • Continued protection of trade secrets and proprietary information.

9. INSURANCE & LIABILITIES

Service Provider Insurance Requirements

  • Public liability insurance minimum R1,000,000 coverage for services involving property access.
  • Professional indemnity insurance required for specialized services (electrical, plumbing, financial).
  • Vehicle insurance for mobile services with valid roadworthy certificates.
  • Proof of insurance coverage must be maintained and updated annually.

Liability Distribution

  • Service Providers liable for damages caused by negligence or misconduct during service delivery.
  • Black Effort Works Trading as Mphakathi Online not liable for Service Provider actions or service quality.
  • Members responsible for providing safe working conditions and accurate service requirements.
  • Platform liability limited to technical issues and payment processing errors.

Incident Reporting

  • Immediate reporting of accidents, injuries, or property damage during service delivery.
  • Cooperation with insurance investigations and claims processes.
  • Detailed incident documentation including photos, witness statements, and police reports where applicable.
  • Platform support for legitimate insurance claims and dispute resolution.

10. TERMINATION CLAUSES

Immediate Termination Grounds

  • Criminal activity or arrest related to platform services.
  • Violation of safety protocols resulting in injury or property damage.
  • Fraudulent activity including fake reviews, identity misrepresentation, or payment fraud.
  • Harassment, discrimination, or inappropriate conduct toward Members or staff.
  • Repeated violations of platform policies after written warnings.

Performance-Based Termination

  • Consistent ratings below 3.5 stars over 90-day period despite improvement support.
  • Acceptance rate below 50% for 60 consecutive days without valid reasons.
  • Excessive cancellations impacting Member experience and platform reputation.
  • Failure to maintain required licenses, insurance, or certifications.

Voluntary Termination

  • 30-day written notice required for voluntary account closure.
  • Completion of all confirmed bookings before account deactivation.
  • Final payout processed within 30 days of last completed service.
  • Option to reactivate account within 6 months subject to current requirements.

Post-Termination Procedures

  • Account access immediately suspended upon termination decision.
  • Members with confirmed bookings transferred to alternative Service Providers.
  • Final commission calculations and payouts processed within 14 days.
  • Return of any platform materials, equipment, or branded items.

11. INTELLECTUAL PROPERTY

Platform Intellectual Property

  • Black Effort Works Trading as Mphakathi Online retains all rights to platform technology, branding, and proprietary systems.
  • Service Providers granted limited license to use platform tools and branding for service delivery only.
  • No modification, copying, or reverse engineering of platform software or systems.
  • Trademark and logo usage restricted to approved marketing materials and service delivery contexts.

Service Provider Intellectual Property

  • Service Providers retain rights to their specialized knowledge, techniques, and trade secrets.
  • Platform gains no ownership rights to Service Provider proprietary methods or intellectual property.
  • Service Providers may showcase their work in portfolios while respecting Member privacy.
  • Original content created for platform (profiles, service descriptions) becomes joint property.

Content and Data Rights

  • Reviews, ratings, and feedback become platform property for quality assurance and marketing.
  • Service Providers retain rights to before/after photos of their work (with Member consent).
  • Platform may use anonymized service data for analytics and improvement purposes.
  • Service Provider profiles and service history remain accessible for verification purposes.

Infringement Protection

  • Service Providers must not infringe on third-party intellectual property rights.
  • Platform provides basic legal protection for legitimate trademark and copyright claims.
  • Service Providers indemnify platform against intellectual property violations they commit.
  • Collaborative approach to defending against false or frivolous intellectual property claims.