Supplier Terms & Conditions

BuildHero : Supplier Terms & Conditions

Parties: BuildHero (Pty) Ltd ("BuildHero", "we", "us") and the Supplier ("you").

1. 1. Definitions and Interpretation
   1. 1.1 "Platform" means BuildHero's website, mobile application and related systems through which Customers request Partner Services and Suppliers are matched, communicate, transact and receive support.
   2. 1.2 "Partner Services" means the home-related trade, repair, maintenance, installation and improvement services you provide to Customers via the Platform.
   3. 1.3 "Job" means a booking or work request assigned to you and accepted by you on the Platform.
   4. 1.4 "Job Value" means the total amount (incl. VAT, if applicable) paid by the Customer for the Partner Services, including any approved variations, less only those direct out-of-pocket material costs expressly pre-approved by BuildHero in writing (in which case the "Job Value" means the labour and margin component on which Commission is calculated).
   5. 1.5 "Commission" means the percentage-based fee payable to BuildHero as set out in Annexure A (Commission Structure).
   6. 1.6 "Payout" means the Job Value less Commission, disbursed to you according to the payment terms.
   7. 1.7 "Job Completion / Sign-off" means the Customer's confirmation of completion via the Platform, or deemed completion upon expiry of the Dispute Period without a dispute.
   8. 1.8 "Dispute Period" means the period (default 24 hours) during which a Customer may raise a dispute.
   9. 1.9 "SLA" (Service Level Agreement) means the performance standards in clause 8.
   10. 1.10 "Onboarding" means the vetting and approval process before you may accept Jobs.
   11. 1.11 "Applicable Laws" means all South African statutes, regulations and common law, including the Consumer Protection Act, 2008 (CPA), Protection of Personal Information Act, 2013 (POPIA), Occupational Health and Safety Act, 1993, and VAT Act, 1991.
2. 2. Nature of Relationship and Agency
   1. 2.1 Independent contractor: You are an independent service provider. Nothing in this Agreement creates employment, partnership, or joint venture.
   2. 2.2 Your contracts with Customers: When you accept a Job, you enter a separate contract directly with the Customer for delivery of the Partner Services (the "Customer Contract"). BuildHero is not a party to that contract and does not itself perform Partner Services.
   3. 2.3 Limited commercial agency: You appoint BuildHero as your limited commercial agent to:
      1. 2.3.1 market and offer your services on the Platform;
      2. 2.3.2 conclude bookings and issue confirmations/receipts on your behalf;
      3. 2.3.3 collect the Job Value from the Customer (payment to BuildHero discharges the Customer's payment obligation to you for that Job);
      4. 2.3.4 deduct Commission and make Payouts to you.
   4. 2.4 BuildHero may issue tax invoices and receipts on your behalf where legally permitted; you remain responsible for the underlying supply and VAT compliance.
3. 3. Onboarding, Eligibility and Account
   1. 3.1 Eligibility: You must be 18+, legally capable of contracting, and hold all licences/registrations/insurance required by law and your trade for the services you offer.
   2. 3.2 Application and vetting: Onboarding includes submission of documents listed in Annexure C (Onboarding Documents Checklist), background/reference checks, and approval by BuildHero. Approval may be withdrawn if documentation lapses or material misrepresentation is discovered.
   3. 3.3 Profile accuracy: You warrant that all information (skills, service areas, rates, availability, credentials) is accurate and current. You must update your profile promptly when circumstances change.
   4. 3.4 Compliance with Code of Conduct: You agree to the standards in Annexure B (Code of Conduct).
4. 4. Accepting and Performing Jobs
   1. 4.1 Job assignment: BuildHero's algorithm will match Jobs to Suppliers. You are under no obligation to accept, but once accepted you must perform or cancel in accordance with these terms.
   2. 4.2 Quotes and pricing: You may provide a firm quote or request a site inspection before quoting. All pricing (including call-out fees, materials mark-ups, hourly rates) must be disclosed and approved by the Customer via the Platform before work commences.
   3. 4.3 Scope changes (variations): Any change to scope or price must be requested and approved through the Platform, with supporting photographs and documentation uploaded.
   4. 4.4 Workmanship and materials: You warrant:
      1. 4.4.1 services performed with reasonable skill, care and in a workmanlike manner consistent with industry standards;
      2. 4.4.2 materials of acceptable quality and reasonably fit for purpose (unless Customer-supplied);
      3. 4.4.3 compliance with Applicable Laws, building codes, and manufacturer specifications.
   5. 4.5 Safety and site conduct: You must comply with OHS Act requirements, conduct a site risk assessment, wear appropriate PPE, safeguard the Customer's property, and leave the site clean and safe. You indemnify BuildHero for loss arising from your breach of safety obligations.
   6. 4.6 Subcontracting: You may not subcontract without BuildHero's prior written consent. Where permitted, you remain fully liable and the subcontractor must meet the same standards and hold required insurance.
5. 5. Payments, Commission and Invoicing
   1. 5.1 Customer pays BuildHero: The Customer pays the Job Value to BuildHero in advance (or according to milestones for larger Jobs). This payment is held in trust and you authorise BuildHero to deduct Commission and make Payouts to you.
   2. 5.2 Commission calculation: Commission is calculated on the Job Value (incl. VAT, if applicable) according to the brackets in Annexure A. Commission includes BuildHero's platform fee, payment processing, insurance contribution, and administrative costs.
   3. 5.3 Payout schedule:
      1. 5.3.1 Jobs under R30,000: 70% released on confirmed Job Start, 30% on Job Completion/Sign-off (after Dispute Period).
      2. 5.3.2 Jobs R30,000+: 50% on Job Start, 20% at an agreed milestone, 30% on Completion/Sign-off.
      3. 5.3.3 Emergency/same-day: Full payout (less Commission) within 1 business day of Completion/Sign-off.
   4. 5.4 Payout method: Payouts are made to your nominated bank account via EFT. You are responsible for banking details accuracy.
   5. 5.5 Tax invoices and VAT:
      1. 5.5.1 The tax invoice for Partner Services is issued by or on behalf of you (BuildHero may issue on your behalf where permitted).
      2. 5.5.2 If you are VAT-registered, you must charge, collect and remit VAT. Commission is calculated on the VAT-inclusive Job Value.
      3. 5.5.3 BuildHero will issue you a tax invoice for the Commission charged.
   6. 5.6 Withholding and set-off: BuildHero may withhold Payouts or set-off amounts owed (refunds, dispute awards, penalties, damages) from future Payouts or invoice you separately.
6. 6. Cancellations, Rescheduling and No-Shows
   1. 6.1 Supplier-initiated cancellation:
      1. 6.1.1 Before Customer payment: You may cancel freely via the Platform; the Job may be reassigned.
      2. 6.1.2 After Customer payment, more than 48h before scheduled start: You may cancel, but BuildHero may impose a cancellation fee (up to 10% of Job Value, capped at R500) deducted from future Payouts. The Customer receives a full refund.
      3. 6.1.3 Within 48h of scheduled start: Cancellation fee up to 20% of Job Value (capped at R1,000). Repeated late cancellations may result in suspension.
      4. 6.1.4 Force majeure: No fee applies for cancellations due to events beyond your reasonable control (severe weather, accident, family emergency), provided you notify BuildHero promptly with reasonable evidence.
   2. 6.2 Rescheduling: You may request rescheduling via the Platform, subject to Customer approval. Reasonable rescheduling (e.g., single reasonable request with notice) does not attract fees; repeated or unreasonable requests may be treated as cancellations.
   3. 6.3 Supplier no-show: Failure to arrive within 30 minutes of the agreed window without prior notice will be treated as a no-show. The Customer receives a 100% refund, and you may be charged a no-show fee (20% of Job Value, capped at R1,000) and face suspension or removal.
   4. 6.4 Customer-initiated cancellation or no-show: Handled under Customer Terms. Where a Customer no-show fee applies, it will be credited to you (less any admin fee retained by BuildHero) via your next Payout.
7. 7. Job Completion, Sign-off and Disputes
   1. 7.1 Completion procedure: Upon completing Partner Services, you must:
      1. 7.1.1 upload a digital job card (photographs, sign-off, scope summary, materials used) to the Platform;
      2. 7.1.2 request the Customer to confirm completion on the Platform.
   2. 7.2 Dispute Period: The Customer has 24 hours (as published) after Job Completion/Sign-off to raise a dispute. If no dispute is raised, completion is deemed final and the final Payout milestone is released (less Commission).
   3. 7.3 Dispute process:
      1. 7.3.1 Disputes are routed to you first for response and proposed remedy (repair, re-performance, fair price reduction).
      2. 7.3.2 You must respond within 24 hours and propose a resolution within 48 hours.
      3. 7.3.3 If not resolved, BuildHero's internal dispute team will review evidence and determine an outcome (which may include withholding all or part of the Payout, requiring remedial work at your cost, or issuing a partial/full refund to the Customer).
      4. 7.3.4 BuildHero's determination is binding unless either party elects to proceed to mediation/arbitration per clause 25.
   4. 7.4 Your warranties: You warrant proper workmanship for a reasonable period customary to your trade (not less than 90 days, or as published for your service category) and materials in line with manufacturer warranties. Claims must be lodged via the Platform. Exclusions apply for misuse, fair wear and tear, unauthorised modifications, and Customer-supplied materials.
8. 8. Service Level Agreement (SLA)
   1. 8.1 Response times: You must respond to assigned Jobs within:
      1. 8.1.1 Same-day/emergency: 30 minutes.
      2. 8.1.2 Standard Jobs: 2 hours.
      3. 8.1.3 Quotes/site inspections: 4 hours to acknowledge, quote within 24 hours of inspection.
   2. 8.2 Arrival punctuality: Arrive within the agreed time window. If delayed, notify Customer and BuildHero at least 30 minutes in advance.
   3. 8.3 Communication: All Job-related communication (quotes, variations, completion requests, photo uploads) must occur via the Platform. You must respond to Customer messages within 4 hours during business hours (Mon–Fri 08:00–17:00).
   4. 8.4 Availability: Keep your calendar and service areas current. Repeated failure to respond or accept Jobs in areas you have marked as available may result in reduced visibility or suspension.
   5. 8.5 Quality: Maintain a minimum average rating of 3.5 stars over a rolling 90-day period. Ratings below 3.0 for three consecutive months may result in review and possible removal from the Platform.
9. 9. Insurance and Indemnity
   1. 9.1 Compulsory insurance: You must maintain:
      1. 9.1.1 Public liability insurance of at least R5 million per occurrence;
      2. 9.1.2 Professional indemnity insurance (where applicable to your trade) of at least R2 million;
      3. 9.1.3 All-risks insurance for tools and equipment;
      4. 9.1.4 COIDA or appropriate personal accident cover for yourself and employees/subcontractors.
   2. 9.2 Certificates of insurance must be uploaded during Onboarding and renewed annually. Lapse of insurance will result in immediate suspension.
   3. 9.3 Indemnity: You indemnify and hold harmless BuildHero, its officers, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including legal fees) arising out of or in connection with:
      1. 9.3.1 your performance (or non-performance) of Partner Services;
      2. 9.3.2 your breach of this Agreement, Applicable Laws, or the Customer Contract;
      3. 9.3.3 injury to persons or damage to property caused by your negligence, misconduct, or breach of safety obligations;
      4. 9.3.4 infringement of third-party intellectual property or other rights;
      5. 9.3.5 disputes, except to the extent caused solely by BuildHero's gross negligence or wilful misconduct.
10. 10. Intellectual Property and Confidentiality
    1. 10.1 Platform IP: All IP in the Platform, branding, software, and content remains BuildHero's exclusive property. You receive a limited, non-exclusive, non-transferable licence to access and use the Platform for the purpose of this Agreement.
    2. 10.2 Your content: You grant BuildHero a royalty-free, worldwide licence to use, host, reproduce, and display your profile, job photos, reviews, and related content for Platform operation, marketing, and improvement.
    3. 10.3 Confidentiality: You must keep confidential all non-public information obtained via the Platform (Customer details, pricing, business methods, proprietary processes) and use it solely for performing Jobs. You may not solicit Customers off-platform or share their information with third parties. This obligation survives termination.
11. 11. Reviews, Ratings and Feedback
    1. 11.1 Customers may rate and review your performance after Job Completion. Reviews are published on your profile.
    2. 11.2 You may respond to reviews via the Platform. Responses must be professional and factual.
    3. 11.3 You may not offer incentives for positive reviews, nor may you submit fake or manipulated reviews. Breach may result in removal of reviews, suspension, or termination.
    4. 11.4 BuildHero may moderate or remove reviews that breach law or policy, but does not pre-screen all content.
    5. 11.5 Your overall rating and performance metrics (response time, completion rate, cancellation rate) will be visible to Customers and used by the matching algorithm.
12. 12. Data Protection (POPIA)
    1. 12.1 Your role: For Customer personal information shared via the Platform to perform Jobs, you act as a Responsible Party (for your own off-platform processing) and BuildHero acts as an Operator for you in terms of POPIA.
    2. 12.2 Operator obligations: The POPIA Operator Addendum (Annexure D) governs BuildHero's processing on your behalf. You warrant you have a lawful basis (performance of contract with the Customer) for the processing.
    3. 12.3 Your obligations:
       1. 12.3.1 process Customer information solely for delivering the Partner Services;
       2. 12.3.2 implement appropriate security safeguards;
       3. 12.3.3 not disclose Customer information to unauthorised third parties or use it for marketing without separate consent;
       4. 12.3.4 notify BuildHero immediately of any suspected data breach or complaint;
       5. 12.3.5 cooperate with data subject access/correction/deletion requests routed via the Platform;
       6. 12.3.6 delete or return Customer information when no longer required, or upon termination of this Agreement, except as required by law.
    4. 12.4 Your information: BuildHero processes your personal and business information (profile, performance data, financial records) as Responsible Party to operate the Platform, as detailed in our Privacy Policy. You consent to this processing and to receiving service communications.
13. 13. Compliance and Regulatory Obligations
    1. 13.1 Licences and registrations: You must hold and maintain all licences, permits, professional registrations, and accreditations required by law or your industry body (e.g., electrical COC, plumbing registration, gas installer certificate, NHBRC enrolment where applicable).
    2. 13.2 Tax compliance: You are solely responsible for income tax, VAT (if registered), and all other taxes arising from Partner Services income. BuildHero may require a valid tax clearance certificate.
    3. 13.3 BBBEE and transformation: If applicable, you should maintain a valid BBBEE certificate. BuildHero may prioritise BBBEE-compliant Suppliers in matching where Customers request it or for public/corporate contracts.
    4. 13.4 Consumer Protection Act (CPA): You acknowledge that Customers are consumers under the CPA and that certain provisions of these terms (warranties, dispute resolution, cooling-off rights) cannot be excluded. You agree to honour all non-waivable CPA rights.
    5. 13.5 Occupational Health and Safety (OHS): You must conduct work in compliance with the OHS Act, maintain required safety records, and cooperate with any inspections.
14. 14. Prohibited Conduct
    1. 14.1 You may not:
       1. 14.1.1 solicit Customers to transact off-platform or share contact details for that purpose;
       2. 14.1.2 misrepresent qualifications, credentials, pricing, or scope;
       3. 14.1.3 submit fraudulent claims, falsify job cards, or manipulate completion/sign-off;
       4. 14.1.4 engage in abusive, harassing, discriminatory, or unprofessional conduct;
       5. 14.1.5 access or use the Platform or Customer data for any purpose other than performing Jobs;
       6. 14.1.6 reverse-engineer, scrape, or compromise Platform security;
       7. 14.1.7 infringe third-party IP or post unlawful content;
       8. 14.1.8 offer or accept bribes, kickbacks, or inducements;
       9. 14.1.9 perform work outside your approved service categories without prior approval;
       10. 14.1.10 operate multiple accounts without BuildHero's consent.
15. 15. Suspension and Termination
    1. 15.1 Suspension by BuildHero: BuildHero may immediately suspend your account (preventing new Job assignments) if:
       1. 15.1.1 you breach this Agreement, SLA, or Code of Conduct;
       2. 15.1.2 your insurance, licences, or tax compliance lapses;
       3. 15.1.3 you commit fraud, abuse, or prohibited conduct;
       4. 15.1.4 your rating falls below 3.0 stars or dispute/cancellation rates exceed thresholds;
       5. 15.1.5 there is a risk to Customer safety, Platform integrity, or legal compliance;
       6. 15.1.6 you fail to respond to assigned Jobs or communicate for more than 7 days.
    2. 15.2 During suspension, you must complete any in-progress Jobs; no new Jobs will be assigned. Suspension does not relieve you of obligations under this Agreement.
    3. 15.3 Termination by BuildHero: BuildHero may terminate with 7 days' written notice, or immediately for cause (material breach, fraud, repeated violations, insolvency, or conduct that damages BuildHero's reputation or Customer trust).
    4. 15.4 Termination by you: You may terminate at any time by giving 14 days' written notice, provided all accepted Jobs are completed or cancelled in accordance with clause 6.
    5. 15.5 Effect of termination:
       1. 15.5.1 Platform access is revoked.
       2. 15.5.2 You must complete or properly cancel all in-progress Jobs.
       3. 15.5.3 Outstanding Payouts (after deducting amounts owed) will be settled within 30 days.
       4. 15.5.4 Accrued rights, confidentiality, indemnity, IP, and dispute resolution clauses survive.
       5. 15.5.5 You must return or delete all Customer information (subject to legal retention requirements).
16. 16. Limitation of Liability and Disclaimers
    1. 16.1 Platform "as is": BuildHero provides the Platform "as is". We do not warrant uninterrupted availability, error-free operation, or that the Platform will meet all your requirements.
    2. 16.2 No guarantee of Jobs: BuildHero does not guarantee any volume, frequency, or value of Job assignments.
    3. 16.3 Your liability to Customers: You are solely responsible for the performance, quality, and safety of Partner Services. BuildHero is not liable for claims arising from your Customer Contracts, except to the extent caused by our gross negligence or wilful misconduct.
    4. 16.4 BuildHero's liability cap: To the fullest extent permitted by law, BuildHero's aggregate liability to you for any claim arising under or in connection with this Agreement is limited to the total Commission paid by you to BuildHero in the 6 months preceding the claim, or R10,000, whichever is lower.
    5. 16.5 Exclusion of consequential loss: Neither party is liable for indirect, incidental, consequential, or punitive damages (loss of profit, revenue, data, reputation), except for your indemnity obligations or breach of confidentiality.
    6. 16.6 Nothing in this clause limits liability that cannot lawfully be limited: death/personal injury from negligence, fraud, or any liability under the CPA or POPIA that is non-excludable.
17. 17. Assignment and Subcontracting
    1. 17.1 You may not assign, transfer, or subcontract this Agreement or any Jobs without BuildHero's prior written consent.
    2. 17.2 BuildHero may assign this Agreement to an affiliate or successor entity upon notice to you.
18. 18. Force Majeure
    1. 18.1 Neither party is liable for failure or delay in performance due to events beyond reasonable control (acts of God, war, riot, cyberattack, pandemic, government order, utility failure), provided the affected party notifies the other promptly and uses reasonable efforts to mitigate. If force majeure persists for more than 30 days, either party may terminate on written notice.
19. 19. Suretyship and Personal Guarantee (if applicable)
    1. 19.1 If you trade through a company or close corporation, BuildHero may require a suretyship and personal guarantee from the principal member/director as set out in Annexure E (Suretyship Deed).
20. 20. Funds Handling and Trust
    1. 20.1 Job Value payments received from Customers are held in trust by BuildHero (or a regulated third-party payment processor) pending Job Completion/Sign-off and expiry of the Dispute Period.
    2. 20.2 BuildHero undertakes to maintain appropriate accounting records and segregate trust funds in accordance with Annexure F (Funds Handling and Trust Undertaking).
    3. 20.3 You authorise BuildHero to deduct Commission, dispute awards, penalties, and other amounts owed before disbursing Payouts.
21. 21. Third-Party Payment Processor (TPPP) Compliance
    1. 21.1 Where BuildHero uses a third-party payment processor (e.g., PayFast), you agree to the additional terms and compliance obligations in Annexure G (TPPP Compliance Addendum).
22. 22. Marketing and Promotional Use
    1. 22.1 You consent to BuildHero using your business name, logo, and representative before/after photos in marketing materials, case studies, and on the Platform.
    2. 22.2 You may withdraw consent on 30 days' written notice, but BuildHero may continue to use materials already published until practicable to remove.
23. 23. Amendments
    1. 23.1 BuildHero may amend these terms from time to time by publishing updated terms on the Platform and notifying you by email or in-app message at least 14 days before the effective date.
    2. 23.2 Continued use of the Platform after the effective date constitutes acceptance of the updated terms. If you do not agree, you must terminate this Agreement before the effective date.
    3. 23.3 BuildHero may amend the Commission Structure (Annexure A) once per calendar year on 60 days' notice. Material increases (more than 2 percentage points in any bracket) entitle you to terminate without penalty within 30 days of the notice.
24. 24. Notices
    1. 24.1 Notices must be in writing and delivered via:
       1. 24.1.1 the Platform's messaging/notification system;
       2. 24.1.2 email to the address on your account;
       3. 24.1.3 registered mail to your registered business address.
    2. 24.2 Notices are deemed received: (i) if via the Platform, when marked "read" or 24 hours after sending; (ii) if by email, 24 hours after sending; (iii) if by post, 7 days after posting.
    3. 24.3 BuildHero's address for notices: Paarl, 7646, South Africa; email: info@buildhero.co.za
25. 25. Governing Law and Dispute Resolution
    1. 25.1 Governing law: South African law.
    2. 25.2 Disputes with BuildHero:
       1. 25.2.1 The parties must first attempt good-faith negotiation for 10 Business Days.
       2. 25.2.2 If not resolved, either party may refer the dispute to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA) or another agreed mediator.
       3. 25.2.3 If mediation does not resolve the dispute within 20 Business Days, either party may refer it to arbitration under AFSA rules (one arbitrator, seat: Cape Town, language: English). The arbitrator's award is final and binding.
       4. 25.2.4 Nothing prevents a party from seeking urgent interim relief in the High Court.
    3. 25.3 Customer disputes: Governed by clause 7 (Job Completion, Sign-off and Disputes) and the Customer Terms.
26. 26. General Provisions
    1. 26.1 Entire agreement: This Agreement (including all Annexures) constitutes the entire agreement and supersedes all prior understandings.
    2. 26.2 Severability: If any provision is invalid or unenforceable, it will be severed and the remainder continues in force.
    3. 26.3 Waiver: No waiver of a breach is a waiver of any other breach. Waivers must be in writing.
    4. 26.4 Relationship of parties: Nothing creates employment, partnership, joint venture, or agency beyond the limited commercial agency expressly stated.
    5. 26.5 Costs: Each party bears its own legal and other costs, except as otherwise agreed or awarded.
    6. 26.6 Counterparts and electronic signature: This Agreement may be signed in counterparts and electronic signatures are binding.
27. 27. Acknowledgement and Acceptance
    1. 27.1 By registering on the Platform, submitting your Onboarding application, or accepting your first Job, you acknowledge that you have read, understood, and agree to be bound by these Supplier Terms and Conditions (including all Annexures).
    2. 27.2 You confirm that:
       1. 27.2.1 you have the legal capacity and authority to enter this Agreement;
       2. 27.2.2 all information provided is accurate and complete;
       3. 27.2.3 you hold all necessary licences, insurance, and registrations;
       4. 27.2.4 you have read and agree to the Commission Structure (Annexure A) and Code of Conduct (Annexure B).