Cleaning Partner Agreement

In this Agreement:

1. Booking means a cleaning service a customer books and pays for through the Platform;
2. Cleaner means a person the Partner employs or contracts to carry out Bookings;
3. Commission means the fee we charge on each Booking, as set out in section 6;
4. Customer means a person who makes a Booking;
5. Net Amount means the amount the Customer paid for a Booking, less the payment-processing fee charged by PayFast on that payment;
6. Platform means the BrightBroom website, systems and services; and
7. Payout means the amount we pay the Partner for completed Bookings.

2.1 You are an independent business. Nothing in this Agreement makes you, or any Cleaner, an employee, agent or joint-venture partner of BrightBroom.

2.2 You decide how to run your business, including who you employ and how you train and pay your Cleaners, provided you meet this Agreement and the law.

2.3 You may offer your services through other channels, subject to section 9 (customer non-solicitation).

3.1 After signing up, your account is created but cannot receive Bookings until we have verified and approved your business. To be approved you must upload:

1. your company registration documents (CIPC), or proof of registration as a sole proprietor;
2. the identity document of a director, member or owner;
3. proof of your business address, not older than three months; and
4. a bank confirmation letter for the account your Payouts will be paid into.

3.2 We may ask for further information, and we may decline an application at our discretion. If we decline, we will tell you the reason.

3.3 You must keep your information up to date. If your bank details, ownership or address change, upload new supporting documents. A change of bank details takes effect only once we have verified it.

4.1 You are solely responsible for your Cleaners, including:

1. confirming each Cleaner's identity and, for non-South Africans, their right to work in South Africa, and keeping proof of this;
2. employing or contracting each Cleaner lawfully, including complying with the Basic Conditions of Employment Act, the National Minimum Wage Act, and your UIF and COIDA obligations;
3. paying your Cleaners on time, whether or not a Customer has complained or a Payout is delayed;
4. training your Cleaners and providing any equipment or products the Booking requires; and
5. their conduct while carrying out Bookings.

4.2 Every Cleaner you add to the Platform must have their identity confirmed by you, and must have a profile photo that is a true likeness. You must remove a Cleaner from the Platform as soon as they stop working for you.

4.3 We may refuse or remove any Cleaner from the Platform, for example after a safety complaint, a failed check, or repeated poor ratings. Removing a Cleaner from the Platform does not affect your relationship with that Cleaner.

5.1 We assign Bookings to your Cleaners based on availability, location and service area. You must keep your Cleaners' availability up to date on the Platform.

5.2 Once a Booking is assigned to your Cleaner, you must make sure it is carried out at the booked time, to a good standard, and as described in the Booking. If your Cleaner cannot attend, tell us immediately so that the Booking can be reassigned.

5.3 You must respond to any complaint we pass to you within 48 hours and, where the complaint is justified, put it right as set out in our customer Terms of Use (for example a re-clean of the affected areas).

5.4 You must not ask Customers to pay any amount outside the Platform, or charge them for work that was not booked, without our written approval.

6.1 Prices. We set the price Customers pay for each service on the Platform.

6.2 Collection. We collect payment from Customers as your limited payment-collection agent. A Customer's payment to us discharges the Customer's obligation to pay you for that Booking.

6.3 Commission. Our Commission is a percentage of the Net Amount of each Booking. Unless we have agreed a different rate with you in writing or it is shown on your account, the Commission is 15%. We may change the standard rate by giving you at least 30 days' written notice. You may end this Agreement before the change takes effect if you do not accept it.

6.4 Your Payout for a Booking is the Net Amount less our Commission. For example, on a Booking where the Customer pays R500 and PayFast charges R19.50, the Net Amount is R480.50, the Commission at 15% is R72.08, and your Payout is R408.42.

6.5 When you are paid. Payouts for Bookings completed in a week (Monday to Sunday) are paid by EFT into your verified bank account by the end of the following week. You can see each Booking, its Payout and its payment status in your company dashboard.

6.6 Refunds and adjustments. If a Customer is refunded under our Terms of Use:

1. for a cancellation where the Customer pays a cancellation charge, you receive the Payout calculated on the amount the Customer actually paid;
2. where the refund is because of something you or your Cleaner did wrong, or your Cleaner did not attend, no Payout is due for that Booking and, if it has already been paid, we may deduct it from future Payouts; and
3. chargebacks and payment reversals are handled in the same way.

6.7 Taxes. You are responsible for your own taxes, including income tax and, if you are registered, VAT on your services. Our Commission includes VAT where we are required to charge it, and we will issue you a tax invoice for it.

7.1 You are responsible for loss or damage to a Customer's property, and for injury to any person, caused by your Cleaners while carrying out a Booking. You must deal with such claims promptly and in good faith.

7.2 You must hold, and on request show us proof of, public liability insurance covering your cleaning services, with cover of at least R1 million per claim.

7.3 You indemnify BrightBroom against claims, losses and costs (including reasonable legal fees) arising from your or your Cleaners' acts or omissions, your breach of this Agreement, or your breach of any law, except to the extent caused by our own breach or negligence.

8.1 When we share Customer information with you for a Booking (such as the Customer's name, phone number, address and access instructions), you become a responsible party for that information under the Protection of Personal Information Act 4 of 2013 ("POPIA"). You must:

1. use it only to carry out that Booking and deal with any related complaint;
2. share it only with the Cleaner assigned and the staff who need it;
3. keep it secure, including access codes and alarm codes, and delete it when it is no longer needed;
4. not use it to market to the Customer, or pass it to anyone else; and
5. tell us within 72 hours if you become aware that it has been lost, accessed or disclosed without authorisation.

8.2 You are responsible for the personal information of your own Cleaners and staff. When you add a Cleaner to the Platform, you confirm that you have told them their information will be shared with BrightBroom and with Customers as described in our Privacy Policy, and that you have any consent the law requires.

8.3 We process your representatives' and Cleaners' information as described in our Privacy Policy.

9.1 While this Agreement is in force, and for 12 months after it ends, you must not use information obtained through the Platform to solicit, or accept bookings directly from, a Customer that you were introduced to through the Platform, unless you can show that the Customer was already your client before the introduction.

9.2 If you breach section 9.1, you must pay us the Commission we would have earned had the work been booked through the Platform. This does not limit any other remedy we have.

10.1 Each Cleaner has a rating on the Platform, based on Customer feedback and our own quality reviews. Ratings are shown on Cleaner profiles and help us assign Bookings.

10.2 We may suspend your account, stop assigning new Bookings, or hold Payouts that are in dispute, if:

1. we receive a credible complaint about safety, theft, harassment or discrimination;
2. your verification documents expire, are found to be false, or you no longer meet section 3;
3. we reasonably suspect fraud; or
4. you materially or repeatedly breach this Agreement.

10.3 We will tell you why we are suspending your account and give you a chance to respond, unless doing so would put someone at risk or prejudice an investigation. We will release held Payouts once the matter is resolved, less any amount properly deducted under section 6.6.

We will:

1. operate the Platform with reasonable care and skill, and try to keep it available;
2. collect Customer payments and pay your Payouts as described in section 6;
3. give you access to a dashboard showing your Bookings, Cleaners and Payouts; and
4. pass complaints to you promptly and help Customers and Partners resolve them fairly.

12.1 Nothing in this Agreement limits liability for fraud, gross negligence or wilful misconduct, or any liability that cannot be limited by law.

12.2 Subject to 12.1, our total liability to you under this Agreement in any 12-month period is limited to the total Commission you paid us in the six months before the event that caused the claim, and neither party is liable to the other for indirect or consequential loss, or for loss of profit.

12.3 We do not guarantee any minimum number of Bookings.

13.1 This Agreement starts when you sign up and continues until it is ended under this section.

13.2 Either party may end this Agreement for any reason by giving 30 days' written notice.

13.3 Either party may end this Agreement immediately by written notice if the other party commits a material breach that is not remedied within 10 business days of being asked to remedy it, or becomes insolvent.

13.4 When this Agreement ends:

1. you must complete any Bookings already assigned to you during the notice period, unless we agree otherwise;
2. we will pay all Payouts due for completed Bookings, less any amounts you owe us; and
3. sections 6.6, 7, 8, 9, 12 and 14 continue to apply.

14.1 This Agreement is governed by the laws of the Republic of South Africa, and the parties consent to the jurisdiction of the South African courts.

14.2 Before going to court, the parties will try to resolve any dispute by good-faith negotiation for at least 20 business days, except where urgent relief is needed.

14.3 We may update this Agreement by giving you at least 30 days' written notice. If you continue to accept Bookings after the change takes effect, you accept the updated Agreement. You may end this Agreement before the change takes effect if you do not accept it.

14.4 Notices may be sent by email: to the contact email on your account, and to us at info@brightbroom.com.

14.5 You may not transfer this Agreement without our written consent. We may transfer it to a successor of our business, on notice to you.

14.6 If any part of this Agreement is invalid, the rest remains in force. A failure to enforce a right is not a waiver of it.

14.7 This Agreement, together with any written commercial terms agreed between us and our Terms of Use and Privacy Policy, is the whole agreement between the parties about its subject.