Onboarding and Verification
- Applicants must complete the Provider onboarding process and submit accurate information regarding identity, contact details, business registration, trading location(s), services offered, pricing and, where applicable, professional qualifications.
- ELANE may require documentary verification, including government-issued identification, proof of address, business registration, tax registration and evidence of any licences or certifications required to provide the offered services.
- Providers must promptly update their information whenever it changes and must ensure it remains accurate at all times.
- ELANE reserves the right, in its sole discretion, to accept, decline, suspend or terminate any Provider application or account, including where verification is incomplete, information is misleading, or a Provider poses a risk to Users or the Platform.
Independent Contractor Status
- The Provider is an independent contractor. Nothing in these Provider Terms creates a partnership, joint venture, agency, franchise or employment relationship between the Provider and ELANE.
- The Provider is solely responsible for the performance, quality, safety and legality of the services it delivers, and for compliance with all applicable laws, including licensing, tax, health and safety, and consumer protection.
- The Provider retains discretion over its working hours, methods and manner of service delivery, subject to Bookings accepted through the Platform.
Subscription Plans and Commissions
- Access to Provider features is offered through tiered Subscription plans (as published on the Platform), each of which sets out included features, listing limits, commission rates and support levels.
- Subscription fees are billed in advance on a recurring basis and renew automatically unless cancelled in accordance with the Refund & Cancellation Policy.
- ELANE charges a commission on each completed Booking at the rate corresponding to the Provider’s Subscription tier. Commission is deducted at settlement and reflected in the Provider’s payout statement.
- Commissions may be reversed or withheld in respect of Bookings that are cancelled, refunded, disputed or found to be fraudulent, or where the Provider breaches these Provider Terms.
- ELANE may amend Subscription pricing, features and commission rates on not less than thirty (30) days’ prior notice. Continued use of the Platform after the effective date constitutes acceptance of the revised terms.
Payments and Payouts
- Customer payments are collected by authorised third-party Payment Processors and held under the applicable settlement arrangements before payout to the Provider.
- Providers must supply accurate payout details and any tax information required by law. Providers are solely responsible for reporting and paying any taxes payable in respect of their income earned through the Platform.
- ELANE may withhold, offset or delay payouts in respect of Bookings that are subject to dispute, chargeback, suspected fraud, refund liability or a breach of these Provider Terms.
- Providers are responsible for any chargeback fees, penalties or reversal amounts levied by a Payment Processor in relation to their transactions.
Profile, Listing and Pricing Standards
- Provider profiles must be professional, accurate and up to date. They must clearly identify the trading name, services offered, prices, service duration, and location or service area.
- Portfolio imagery must depict genuine work performed by the Provider or on which the Provider is authorised to rely. Stock imagery must be clearly identified as such.
- All prices must be listed in the applicable local currency, inclusive of taxes where required by law, and must correspond to the amounts actually charged to Customers.
- Providers may not advertise or perform services outside their competence, or services requiring a licence that they do not hold.
Bookings and Customer Communication
- Providers must maintain accurate availability, respond to Booking requests promptly, and honour confirmed Bookings.
- All Customer communication relating to a Booking must be conducted through the Platform’s messaging tools, so that ELANE can support Users, resolve disputes and maintain records.
- Providers must communicate with Customers professionally and respectfully at all times, and must not solicit off-Platform transactions in breach of the Acceptable Use Policy.
- Providers must comply with the cancellation defaults in the Refund & Cancellation Policy or with their own published, more generous policy where applicable.
Professional Conduct and Compliance
- Providers must comply with all applicable laws and regulations relating to their services, including consumer protection, health and safety, hygiene, product safety, professional licensing, data protection and taxation.
- Providers must maintain appropriate insurance where required by law or industry practice for the services offered.
- Providers must treat Customers with dignity and must not discriminate on grounds of race, gender, sexual orientation, disability, religion, nationality or any other legally protected characteristic.
- Providers must report to ELANE, without delay, any incident involving injury, safety concerns, allegations of misconduct, or attempts by Users to circumvent the Platform.
Customer Data and Data Protection
- Personal information of Customers made available to Providers through the Platform may be used only for the purpose of delivering the Booked service and complying with legal obligations.
- Providers must not retain, disclose or process Customer personal information for their own marketing or unrelated purposes without a separate lawful basis and appropriate consent obtained by the Provider.
- Where a Provider processes Customer personal information as an independent responsible party or controller, it must comply with POPIA, GDPR and any other applicable data protection laws.
- Providers must implement appropriate security safeguards and notify ELANE at legal@elane.co.za promptly of any actual or suspected data breach affecting Customer information obtained via the Platform.
Intellectual Property
- Providers retain ownership of the content they upload to the Platform. Providers grant ELANE a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt, publish, distribute and promote such content for the purpose of operating and marketing the Platform, including on ELANE social channels and marketing collateral.
- Providers warrant that they own or hold the necessary rights in all content submitted, including in any depicted individuals, and that its use will not infringe any third-party rights.
- The ELANE name, logos and trademarks may only be used by Providers in accordance with brand guidelines issued by ELANE from time to time.
Suspension and Removal from the Platform
ELANE may, in its sole discretion and without prior notice where necessary, suspend, restrict or remove a Provider’s access to the Platform where:
- the Provider breaches these Provider Terms, the Terms of Service or the Acceptable Use Policy;
- the Provider receives a pattern of substantiated complaints or poor ratings indicating a risk to Customers;
- the Provider is investigated for, charged with or convicted of an offence that is incompatible with providing services on the Platform;
- the Provider engages in circumvention of Platform payments, commissions or Subscriptions;
- the Provider poses a health, safety, reputational or legal risk to ELANE, Customers or other Users;
- such action is required by law or by an order of a competent authority.
Any payouts owing for legitimately completed Bookings will be settled subject to any withheld or reversed amounts permitted under these Provider Terms.
Termination by the Provider
Providers may terminate their Subscription at any time in accordance with the Refund & Cancellation Policy. Termination does not affect obligations accrued prior to termination, including in respect of confirmed Bookings, commissions, taxes and payment reversals.
Provider Warranties and Indemnity
- The Provider warrants that (i) all information supplied to ELANE is true, accurate and complete; (ii) it holds all licences, permits and qualifications required to offer the listed services; and (iii) it will perform services with reasonable care, skill and diligence and in accordance with applicable law.
- The Provider agrees to indemnify, defend and hold harmless ELANE, its affiliates, directors, officers, employees and agents from and against all claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with (i) the Provider’s services or content; (ii) any breach by the Provider of these Provider Terms or applicable law; or (iii) any dispute between the Provider and a Customer or other third party.
General
- ELANE may amend these Provider Terms from time to time on not less than fourteen (14) days’ prior notice. Continued use of the Platform after the effective date constitutes acceptance.
- These Provider Terms are governed by the laws of the Republic of South Africa, with disputes resolved as set out in the Terms of Service.
- Where any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.