Service
Provider User Agreement
1.
Introduction
1.1
Thank you for accessing our
Service at https://www.calloutsolutions.co.za
(the “Website“). Do not use the Service unless you wish to be bound by this
Agreement because, by clicking ‘Submit’ during the sign-up process and / or
continuing to use any part of the Service, you confirm your acceptance of this
Agreement (which also includes our Privacy
Policy).
1.2
Please note that if you wish to
access or use the Service as a User then it is mandatory for you to read and
accept this “User Agreement”.
1.3
The Service is for use in South
Africa only. You must not access the Service from any other jurisdiction. You
are responsible for all compliance with laws and regulations which apply to
you.
1.4
This Agreement was last
modified on 15 July 2025.
2.
Definitions
2.1
We are CallOut IT Systems
(Proprietary) Limited trading as CallOut Solutions.
Our registered company number is 2023/785976/07 and our registered address is 63
Ratanang Avenue, Ipopeng, Kimberley, 8301. Where we refer to ourselves in this
Agreement, this is also taken to include (where the context allows) our
affiliates, and our and / or their employees, associated and contracted
persons, and persons supplying services to us or them. You may contact us using
the details and channels displayed here.
2.2
Where we refer to you in this
Agreement, this also includes any person that accesses or uses our Service on
your behalf. The “Agreement” includes the terms set out herein and the Privacy
Policy accessible here.
2.3
The “Service” consists of the
use of the CallOut Solutions platform together with our website, mobi-sites,
the content, software applications and the services made available to customers
and service providers via the internet, mobile devices and / or any form of
media constitutes the services we provide.
2.4
Any person using the Service to
promote their services (except us) shall be a “Service Provider“ or “Pro”. Any
person using the Service with the intention of employing one of the Service
Providers or Pros enlisted thereon shall be a “User” or “Customer”. Any service
which the User intends to perform using one or more Service Providers shall be
referred to as a “Project” or “Job”. As part of receiving the Service, you may
from time to time upload information to the Service or otherwise provide us or
other users of the Service with information relating to you or your
subcontractors (“User Information“).
3.
Service Content
3.1
The vast majority of the
material on the Service originates from our users, and we rely on Users to
accurately describe their Project or Job requirements. We have little or no
editorial control over this information and we therefore cannot guarantee the
accuracy, timeliness, completeness, performance or fitness for any particular
purpose of the material derived directly or indirectly through the Service. We cannot accept responsibility for errors, omissions, or
inaccurate material originating through the Service, and make no warranty that
the Service will be uninterrupted or error free, or that any defects will be
corrected.
3.2
Whilst we take steps to prevent
misuse of our systems, we cannot warrant that the Service will be free of
viruses or other malicious code and accept no liability for loss or damage
caused from the transmission of such code. We recommend that you always use
up-to-date firewalls and anti-virus software to protect your equipment and
data.
3.3
Any material you obtain from
the Service is used at your own risk, and we will not be liable for any loss or
damage arising out of or in connection with access or use of the Service.
4.
Use of the Service
4.1
You may not offer to perform
any Project or Job which is not legal or which may not legally be performed by
you.
4.2
A core purpose of the Service
is to connect Users to genuine tradespeople who wish to undertake Projects for
those User. The Service is therefore not for use by tradesmen who do not intend
to carry out and ensure successful completion of each Project they accept. You
therefore agree that you will not in any circumstance:
●
use the
Service for the purpose of reselling, exchanging or purchasing or otherwise
obtaining leads from other tradesmen;
●
pose as a User,
for the purposes of leaving reviews for other Service Providers or identifying
potential tradesmen in your area with whom you may wish to work, or in order to
receive information from other tradesmen about their businesses and Project
proposals, or for any other purpose whatsoever.
4.3
You agree that you will not use
subcontractors on any Project without the prior consent of the relevant User.
You are responsible for ensuring that you and your subcontractors are legally
entitled to tender for and perform any Project for which you tender or accept.
By using subcontractors on Projects obtained via the Service, you agree to
procure that each of your subcontractors will also comply with the terms of
this Agreement as if they were a party to it. You also acknowledge that you
will be responsible to us and to all Users for the acts and omissions of your
subcontractors.
4.4
We will not be a party to any
contract made between you and any User and therefore we shall not be liable for
any loss or damage that results from any dealings between you and any User
including but not limited to any direct, indirect or consequential or
inconsequential loss of any kind.
4.5
You agree not to use the
Service in any unlawful manner and in particular shall not:
●
defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights (including
rights of privacy and publicity) of others;
●
publish,
post, upload, distribute or disseminate (“Post”) any inappropriate, defamatory,
abusive, infringing, obscene, discriminatory or otherwise unlawful material;
●
Post any
material that infringes any patent, trademark, copyright, trade secret or other
proprietary right of any person;
●
Post any
corrupted files, files that contain viruses, or any other code that may damage
the operation of a computer or other electronic device;
●
conduct or
forward surveys and contests and shall not forward pyramid schemes or chain
letters;
●
download any
file Posted by another user or that the user knows, or reasonably should know,
cannot be legally distributed in such manner;
●
impersonate
another person or entity, or falsify or delete any author attributions, legal
or other proper notices or proprietary designations or labels of the original
or source of software or other material contained in a file that is Posted;
●
cause the
Service to be interrupted, damaged, rendered less efficient or such that the
effectiveness or functionality of the Service is in any way impaired; or
●
restrict or
inhibit any other user from using and enjoying the Service.
4.6
You agree that you will (and
will ensure that your subcontractors will) comply with:
●
the Privacy Policy;
and
●
the Service
Provider Code of Conduct
4.7
We may notify you of Projects
from time to time, but we are not under any obligation to do so. Further,
because Users retain the right to change or withdraw their request to have a
Project performed, we are unable to give any warranty as to the availability or
suitability of a particular Project. We do not review or confirm the accuracy
of all details provided to us by Users, and we therefore cannot guarantee that
all leads include correct and complete information. Further, we cannot
guarantee that any leads generated using the Service will result in business
for you, and no refund is offered in the event that you do not obtain business
or jobs from the leads generated.
4.8
CallOut IT Systems does not
accept any liability for the services rendered by the Service Provider to the User.
5.
Service Provider Code of
Conduct
5.1
Our mission is to connect
skilled, local Service Providers and potential customers. We achieve this by
providing a Service where:
5.1.1
Service Providers or Pros take
on Projects or Jobs when they are available and interested in the Project;
5.1.2
Users or Customers review and
choose a Service Provider.
5.2
A mandatory part of the Service
is our ratings system, where Users may review the ratings and feedback of
previous projects as posted by other Users who have used the Service and
relating to the Service Provider or Pro who did the project or job. In addition
to these ratings, potential customers also consider how well a Service Provider
presents themselves as well as their quote for the work.
5.3
We know from the many Users who
have used our Service to date that they expect high quality work, honesty and
reliability, and to be charged a fair market rate for the work. They also only
want to engage with Service Providers who act responsibly, ethically and
honestly, behave politely and are generally nice to work with.
5.4
Therefore, upon joining our
Service we require all of our Service Providers to adhere to these basic
principles:
●
Be polite and
courteous when dealing with Users and potential customers;
●
Communicate
clearly and completely what will be done and when;
●
Set clear
timing of payments and be honest and act ethically;
●
Perform work
to a high standard and adhere to the relevant industry standards;
●
Deliver on
what was agreed to be delivered; and
●
Create a
satisfied customer.
5.5
Service Providers’ accounts,
ratings and performances may be monitored to ensure that only the highest
calibre of Service Providers use our Service. We reserve the right to remove
Service Providers from our Service who do not adhere to our terms and standards
and principles.
6.
Fees and Payments
6.1
Our fees are quoted in ZAR
(South African Rands), and we may change them from time to time, either
temporarily – for example, in connection with certain promotions or the launch
or marketing of new services, or for an extended period or permanently until
our next fees review. We will notify you of such changes to our fees by posting
such changes through the Service. Such changes will not affect any existing
payment obligation to us, but they will be effective for any new or further use
of the relevant service from the date on which we post the revised fees on the
Service.
6.2
You are responsible for paying
all applicable fees when they are due. If you fail to pay the relevant fees,
without prejudice to any other right or remedy we may be entitled to under this
Agreement or by law, we may limit your ability to use the applicable services.
If your payment method fails or your account is past due, we may collect fees
owed using other collection mechanisms.
6.3
You acknowledge and agree that
if you breach any of the provisions set out in the section entitled ‘Use of the Service’ above, we may
suspend or terminate your access to any paid-for features, and/or remove any content you have Posted,
including content included in Postings or otherwise relating to Projects.
6.4
We reserve the right to charge
a fee for using any specific feature(s) of the Service in the future. Where we
charge a fee for using a specific Service feature, this will be made clear to
you through the Service and you will not be charged unless you specifically
request that feature, for example by clicking on the relevant ‘Pay Now’ button.
6.5
Our fees are as follows:
6.5.1
5.1 Service Provider or Pro
registration and purchase of leads
6.5.1.1
Service Providers or Pros are not
required to pay any fees during registration but are required for accessing of
leads.
6.5.2
5.2 Pay per lead (“PPL”)
6.5.2.1
The Pro will pay to CallOut IT Systems
the applicable fee for accessing of the lead to be connected to the User.
6.5.2.2
The User will be connected with
as many Pros as possible and agree the terms of the job directly with the Pro,
including acceptance of quote and payment requirements. The User will be
required to pay no fees as will be necessary to CallOut IT Systems. The User
must ensure caution and responsibility when making payments to Pros. CallOut IT
Systems is not liable for any payments made to Pros.
6.5.3
Fixed Price and Variable
Price (“FP” and “VP”)
6.5.3.1
The User will pay the price as
quoted and accepted for a project or job to CallOut IT Systems. The User and
Pro agrees for CallOut IT Systems to accept such payment on behalf of the Pro
and then to make payment on behalf of the User to the Pro upon completion of
the project or job, less the applicable commission fee that CallOut IT Systems
will charge to the Pro.
6.5.4
B2C Projects or Jobs
6.5.4.1
The User processes payment
directly through the online payment facility made available on the CallOut
Solutions Platform or through Cash directly to the Pro. CallOut IT Systems will
make payment to the Pro upon completion of the project and reconcile electronic
and cash payments once weekly.
7.
Links and User Content
7.1
It is not possible for us to
review all websites which are linked to from the Service (or link to the
Service), and you should therefore take care when following any link. We cannot
accept liability for any loss or damage that may be suffered as a result of
following any links. You agree not to Post links to any websites.
7.2
Although our hope is that all
users will use the Service responsibly, and we require all users to ensure that
all content that they post on the Service is lawful, we are not responsible for
reviewing or policing user content and so it is possible that our Service may
carry offensive, harmful, inaccurate or otherwise inappropriate material, or in
some cases, reviews that have been mislabelled or are otherwise deceptive.
7.3
We urge you to exercise proper
judgement and to use caution and common sense when using our Service. We have
no obligation to monitor the information posted on the Service.
7.4
You are responsible for your
own communications and for any consequences arising out of them.
7.5
We do not guarantee the
truthfulness, accuracy, or reliability of any material Posted on the Service,
or endorse any opinions expressed on the Service. You should take all due care
in relying on material Posted on the Service, as this is done at your own risk.
7.6
It is important for you to note
that all posted material is made public, and that others may read
communications made via the Service without the author’s knowledge. Always use
caution when giving out any personally identifying information about yourself,
and do not give personally identifying information about any other person
unless entitled to do so.
8.
Use of Information
8.1
General
8.1.1
You are solely responsible for
the content, accuracy, and completeness of the Service Provider Information,
and agree only to provide true, accurate, current and complete information. You
also accept all liability arising out of or in connection with your processing
and transmission of the User Information.
8.1.2
You acknowledge that we may
edit, modify or remove any parts of Service Provider Information which we
consider is in breach of any of the provisions of this Agreement, and/or
suspend or terminate your access to the Service without notice.
8.1.3
By providing Service Provider
Information you grant to us a royalty-free, perpetual, irrevocable,
non-exclusive license to use, copy, reproduce, modify, publish, edit,
translate, distribute, perform, and display the material alone or as part of
other works in any form, media, or technology whether now known or hereafter
developed, and to sub-license such rights through multiple tiers of
sub-licensees. The foregoing grants shall include the right to exploit any
proprietary rights in such materials, including but not limited to rights under
copyright, trademark, service mark or patent laws under any relevant
jurisdiction. You also waive any moral rights you have in the materials. Do not
submit any materials to the Service that you would not want us to use in this
way.
8.1.4
You consent to information
about the device you use to access the Service being collected and processed
for fraud prevention purposes and we may use third parties (and information
they provide) to help us prevent fraud or unauthorised access to our Service.
8.1.5
You agree not to copy,
reproduce, modify, create derivative works from, distribute or publicly display
any content (except for your Service Provider Information) from the Service
without our prior written permission.
8.2
Compliance with the
Protection of Personal Information Act 4 of 2013
8.2.1
In order to provide our Service
we process personal information of Users and may share certain personal
information with you. To the extent that we provide you with personal
information or any other information of a User, you agree that you shall:
●
treat such as
confidential and not share the information with any other person;
●
only use such
information for the purpose of contacting them in relation to the particular
project or job for which you were provided such information, and for no other
purpose whatsoever;
●
delete all
information relating to the User upon completion of the project or job and only
retain information deemed necessary in order to comply with any applicable
laws; and
●
at all times
and in all respects comply with the law when provided with such information.
8.2.2
You further agree, accept,
understand and consent to the processing of your personal information by
CallOut IT Systems for the purposes of providing our Service to you, including
in relation to ordinary business activities such as partnerships, associations,
affiliate or joint programmes, business ventures, corporate
actions, etc established or intending to be established, as well as in
accordance with CallOut IT Systems’ compliance with applicable laws and
legislation.
9.
Arrangements with Users
9.1
Our rating system is designed
to provide Users with independent feedback on the quality, value and
reliability of Pros. Furthermore, your willingness to be rated may provide Users
with a level of confidence regarding your work and skills. A key reason that
project or job reviews are made available through the Service is for Users to
read reviews by your previous customers. You therefore agree that your
performance in carrying out each project may be rated and reviewed by the
applicable User and that the ratings and reviews will be published on our
Service as a mandatory part of our Service.
9.2
Should you (or any of your
subcontractors) have a dispute with a User, you must address such dispute
directly with the User concerned. However, you agree to notify the details of
the dispute to us as soon as reasonably practicable.
9.3
We may decide to investigate
any grievances held by you or by Users and may discuss any such investigation
with all involved parties. We may take any lawful action we deem necessary in
the event of a grievance but likely outcomes of a grievance investigation
include:
●
you and the User
being allowed to continue using the Service;
●
your and / or
the User’s access to the Service being suspended for a period of time;
●
your and / or
the User’s access to the Service being terminated and banned for a definite or
indefinite period.
9.4
We shall also share relevant
information, including personal information about you in the event that any
charges and / or legal action is taken against you.
9.5
In the event of a suspension or
termination, no further fees shall accrue to the extent that access to the
Service is suspended or terminated. However, any fees already accrued shall
become immediately payable.
9.6
Save as provided above, we
cannot be involved in your dealings with Users and, in the event that you have
a dispute with one or more Users, you hereby release (and shall procure that
your subcontractors release) us from any and all claims, demands and damages of
every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes.
10.
Trade Qualifications and
Certification
10.1
Where you advise us that you
(or your subcontractors) are certified, we may verify the relevant
certification. However the validity of the certificate always remains your
responsibility.
10.2
We advise Users to request
sight of evidence of applicable trade accreditations or registrations, and to
perform any relevant checks prior to work commencing on a project or job. You
agree to comply with any reasonable requests submitted by the Users with
regards to the verification of such accreditations, registrations or
information.
10.3
Any checks on trade
accreditations or registrations that we carry out do not reduce your obligation
to ensure that all your subcontractors and any personnel involved in the
project or job have the required trade accreditation or registration to carry
out specific aspects of the project or job.
11.
Intellectual Property Rights
11.1
You acknowledge that all
present and future copyright and other intellectual property rights subsisting
in, or used in connection with the Service and any part of it (the “Rights“), including the manner in
which the Service is presented or appears and all information and documentation
relating to it is our property (or that of our licensors), and nothing in this
Agreement shall be taken to transfer any of the Rights to you.
11.2
Solely for the purposes of
receiving the Service, we hereby grant to you for the period during which the
Service is provided a non-exclusive, non-transferable, licence to use the
Rights.
10
Indemnity
