Terms and policies

1.1 "Blackbook" means Blackbook Technologies (Pty) Ltd.

1.2 "Platform" means the Blackbook website, applications, and related services.

1.3 "Client" means a user or organisation engaging a Creative for services.

1.4 "Creative" means a user offering creative, production, or related services.

1.5 "Job" means a booking, brief, quote, bid, milestone, engagement, or production workflow facilitated through the Platform.

1.6 "Job Terms" means the accepted brief, quote, bid, rider, milestones, deliverables, usage terms, payment terms, cancellation terms, approved change requests, and any other job-specific terms recorded through the Platform.

1.7 "Payment Terms" means Blackbook's payment terms, as updated from time to time.

1.8 "Cancellation and Dispute Policy" means Blackbook's cancellation policy and any dispute process made available through the Platform.

3.1 Blackbook operates a marketplace and workflow platform for creative services. Blackbook helps Clients and Creatives discover each other, create Jobs, communicate, manage deliverables, record approvals, administer payments, and resolve operational issues.

3.2 Unless expressly stated in the Job Terms or a separate written agreement, Blackbook is not the supplier of the creative services and is not automatically a party to the service contract between the Client and the Creative.

3.3 For certain enterprise, managed-service, payment workflow, or merchant-of-record arrangements, Blackbook may act as principal, payment collection party, or payment workflow controller where this is expressly stated in the applicable Job Terms, payment workflow, invoice, or written agreement.

3.4 Payment processors, banks, card schemes, payout providers, and other third-party payment service providers are not parties to the creative services contract between a Client and a Creative.

4.1 A Job-specific contract forms when a Client confirms a booking, accepts a quote or bid, funds a milestone, signs or accepts a rider, or otherwise confirms the Job through Blackbook.

4.2 The Job-specific contract includes the Job Terms recorded through the Platform. This may include the brief, accepted quote, milestones, deliverables, usage terms, payment schedule, cancellation terms, approved change requests, and any applicable rider.

4.3 If there is a conflict between terms, the following order applies:

1. A signed enterprise, managed-service, or separately negotiated written agreement.
2. The accepted Job-specific rider, quote, or bid.
3. The Job brief, milestones, deliverables, and approved change requests.
4. The Payment Terms and Cancellation and Dispute Policy.
5. These Terms.

4.4 Blackbook may create and retain snapshots of Job Terms, approvals, change requests, payment events, and rider selections for audit, support, payment, dispute, and compliance purposes.

5.1 Users must be at least 18 years old and legally capable of contracting.

5.2 If you use Blackbook on behalf of an organisation, you represent that you have authority to bind that organisation and to approve Jobs, payments, usage rights, and related instructions on its behalf.

5.3 Users must provide accurate, complete, and current account, profile, organisation, billing, tax, and payout information.

5.4 Users are responsible for maintaining the confidentiality of login credentials and for activity under their accounts.

5.5 Blackbook may request additional information, documents, or verification from any user to manage fraud, payment risk, compliance, safety, support, or marketplace integrity.

5.6 Blackbook may limit account features, delay payment activity, reject a Job, suspend access, or terminate an account if verification is incomplete, inaccurate, refused, or unsatisfactory.

6.1 Clients must provide accurate Job information, including the scope, deliverables, deadlines, usage requirements, production context, and any relevant constraints.

6.2 Clients must use authorised payment methods only and must not make or approve a payment that is fraudulent, unauthorised, or likely to be reversed.

6.3 Clients must review delivered work within the applicable review period and must raise any issue, change request, or dispute through the Platform where reasonably possible.

6.4 Clients are responsible for client assets, brand materials, usage instructions, advertising claims, legal approvals, and any materials they provide to Blackbook or a Creative.

6.5 Clients must cooperate with Blackbook, Creatives, and payment processors in fraud, refund, dispute, chargeback, compliance, and evidence-review processes.

7.1 Creatives must accurately describe their identity, business, skills, services, availability, portfolio, rates, tax status, and payout information.

7.2 Creatives must perform accepted Jobs professionally, lawfully, and in accordance with the applicable Job Terms.

7.3 Creatives are independent contractors and are not employees, agents, partners, or representatives of Blackbook or a Client unless a separate written agreement expressly states otherwise.

7.4 Creatives are responsible for their own taxes, insurance, permits, personnel, equipment, subcontractors, and production compliance obligations unless the Job Terms say otherwise.

7.5 Creatives must maintain accurate payout details and provide supporting documents requested by Blackbook or a payment processor before payout eligibility.

7.6 Creatives must cooperate with refund, dispute, chargeback, evidence, compliance, and safety reviews that relate to their Jobs.

8.1 Users should keep material Job communications, approvals, change requests, deliverable submissions, payment instructions, cancellation notices, and disputes on the Platform.

8.2 Blackbook may rely on the Platform record when making operational decisions about booking status, payout release, refunds, disputes, reviews, account enforcement, or chargeback evidence.

8.3 Off-platform conversations, side agreements, or instructions may not be considered by Blackbook unless they are uploaded, confirmed, or reflected in the Job record.

8.4 Users must not delete, conceal, falsify, manipulate, or misrepresent material Job records, deliverables, approvals, payment instructions, or dispute evidence.

9.1 Payments, platform fees, transaction fees, refunds, chargebacks, payout eligibility, payout holds, reserves, recoveries, and payment processor requirements are governed by the Payment Terms.

9.2 Users authorise Blackbook and its payment processors to process payments, payouts, refunds, reversals, offsets, recoveries, and payment-related records as described in the Payment Terms and applicable Job Terms.

9.3 Blackbook may decide, for Platform workflow purposes, whether payment or payout release conditions have been met.

9.4 Release conditions may include Client approval, admin approval, deemed acceptance, verified payout details, cleared funds, and the absence of disputes, refund requests, chargebacks, fraud reviews, processor holds, or compliance concerns.

9.5 Blackbook may delay, reduce, offset, reverse, or recover payouts where permitted by the Payment Terms, Job Terms, these Terms, applicable law, or payment processor requirements.

9.6 Nothing in these Terms makes Blackbook a licensed escrow provider unless expressly stated in a separate written agreement. Blackbook may operate payment workflows where funds are held, reserved, split, or released pending applicable release conditions.

10.1 Cancellations, deposits, kill fees, pro-rated payments, expense recovery, review periods, deemed acceptance, refund eligibility, and dispute handling are governed by the Cancellation and Dispute Policy and any applicable Job Terms.

10.2 Users must raise Job disputes through Blackbook's dispute process before initiating a chargeback, payment reversal, or external payment dispute where reasonably possible, unless prohibited by law or where unauthorised payment fraud is genuinely alleged.

10.3 Blackbook may request information, documents, messages, deliverables, approvals, receipts, releases, or other evidence from users in connection with a cancellation, refund, dispute, chargeback, or payment processor inquiry.

10.4 While a dispute, refund request, fraud review, payment reversal, or chargeback is open, Blackbook may freeze Job activity, payout release, account access, reviews, or future bookings.

10.5 Chargebacks, payment reversals, false disputes, abuse of payment protections, or failure to cooperate with evidence requests may result in suspension, termination, recovery action, payout offset, or other enforcement action.

11.1 Users may not use Blackbook to identify, contact, negotiate with, or book a Client or Creative and then move the Job off-platform to avoid Blackbook fees, payment controls, workflow records, or these Terms.

11.2 Users may not request, offer, accept, or make off-platform payment for a Blackbook-introduced Job unless Blackbook expressly permits it in writing.

11.3 If Blackbook reasonably believes a user has circumvented the Platform, Blackbook may charge applicable fees, withhold or offset payouts, restrict account features, suspend access, terminate the account, or take other action available under these Terms.

12.1 Users retain ownership of content and materials they upload or provide, subject to these Terms and the applicable Job Terms.

12.2 Users grant Blackbook a limited, non-exclusive, royalty-free licence to host, store, display, process, transmit, and use user content as reasonably required to operate the Platform, provide support, prevent fraud, resolve disputes, process payments, maintain records, and market Blackbook where permitted.

12.3 Blackbook may use public profile content and published portfolio content for marketplace display and Blackbook marketing. Blackbook will not intentionally use confidential Job materials for external marketing without permission.

12.4 Client assets remain the Client's property. The Client grants Blackbook and relevant Creatives a limited licence to use those assets only as reasonably required for the Job and Platform workflow.

12.5 Creatives retain ownership of their pre-existing materials, tools, know-how, methods, templates, and working materials unless the Job Terms expressly state otherwise.

12.6 Rights in commissioned work product are assigned or licensed to the Client only as stated in the Job Terms and subject to full payment and applicable release conditions.

12.7 Raw files, source files, project files, additional usage, exclusivity, territory, duration, paid media usage, talent releases, music, stock, locations, and third-party clearances are excluded unless expressly included in the Job Terms.

12.8 Users warrant that they have the rights required to upload, provide, license, or use content, materials, assets, and work product through the Platform.

13.1 Users must protect confidential information disclosed through a Job and may use it only for the relevant Job unless the disclosing party agrees otherwise.

13.2 Creatives may use completed work for portfolio purposes only where permitted by the Job Terms, where the work has been publicly released by the Client, or where the Client has given permission.

13.3 Users must not use or disclose confidential briefs, unreleased work, client assets, pricing, production information, or private communications except as required for the Job or by law.

14.1 Reviews must be honest, job-related, and based on genuine Platform activity.

14.2 Users may not manipulate reviews, create fake reviews, offer incentives for misleading reviews, or threaten reviews to force payment, discounts, refunds, approvals, or off-platform conduct.

14.3 Blackbook may remove, hide, or moderate reviews that are false, abusive, retaliatory, irrelevant, confidential, discriminatory, unlawful, or inconsistent with marketplace integrity.

15.1 Users must use the Platform lawfully and comply with applicable advertising, privacy, data protection, tax, labour, production, safety, intellectual property, and consumer protection laws.

15.2 Users may not post, request, perform, upload, or deliver unlawful, unsafe, infringing, discriminatory, exploitative, deceptive, abusive, or harmful work or content.

15.3 Users may not harass or abuse others, misrepresent identity or services, manipulate platform systems, evade fees, or interfere with Platform security or operation.

15.4 Blackbook may reject Jobs, remove content, restrict payment activity, suspend accounts, or terminate access for compliance, safety, legal, reputational, payment processor, or marketplace-integrity reasons.

16.1 Blackbook may suspend, restrict, or terminate access if a user breaches these Terms, the Payment Terms, the Cancellation and Dispute Policy, Job Terms, rider terms, community rules, or applicable law.

16.2 Blackbook may also act where user information is inaccurate, verification fails, fraud or payment risk is suspected, a chargeback or dispute is open, a user circumvents the Platform, or a user creates legal, safety, reputational, or payment processor risk.

16.3 Suspension or termination does not affect accrued rights, payment obligations, payout recovery rights, confidentiality obligations, dispute processes, or completed Job records.

16.4 Blackbook may preserve records after suspension or termination where required or useful for disputes, chargebacks, legal compliance, tax, audit, fraud prevention, payment processing, or enforcement.

17.1 To the maximum extent permitted by law, Blackbook is not liable for the acts, omissions, work quality, delays, cancellations, non-performance, communications, or misconduct of Clients, Creatives, subcontractors, suppliers, or other users.

17.2 Blackbook is not responsible for payment processor downtime, bank delays, card scheme decisions, chargeback outcomes, payout failures caused by inaccurate user information, third-party platform failures, force majeure, or events outside Blackbook's reasonable control.

17.3 To the maximum extent permitted by law, Blackbook's total liability arising from or relating to the Platform is limited to the platform fees paid to Blackbook by the affected user in the six months before the event giving rise to the claim.

17.4 Nothing in these Terms excludes liability that cannot be excluded under applicable law.

18.1 Users indemnify Blackbook against claims, losses, liabilities, costs, and expenses arising from their use of the Platform, breach of these Terms, breach of Job Terms, unlawful conduct, misrepresentation, or infringement of third-party rights.

18.2 Clients indemnify Blackbook against claims and losses arising from unauthorised payment methods, chargebacks, reversals, failed payments, client assets, unlawful briefs, advertising claims, failure to pay amounts due, or breach of Client obligations.

18.3 Creatives indemnify Blackbook against claims and losses arising from non-delivery, defective delivery, breach of Job Terms, infringing work, incorrect payout or tax information, subcontractors, crew, talent, locations, music, stock, safety incidents, permits, releases, or other production-related obligations.

19.1 Blackbook may update these Terms from time to time. The updated version will apply from the date it is posted unless a later effective date is stated.

19.2 Where changes materially affect active Jobs, Blackbook may apply the version in effect when the relevant Job was confirmed, unless the parties agree otherwise or the change is required for legal, compliance, payment processor, or safety reasons.

20.1 These Terms are governed by the laws of the Republic of South Africa.

20.2 Users agree to try to resolve Platform-related disputes with Blackbook informally first by contacting support@blkbk.co.za and providing enough detail for Blackbook to investigate.

20.3 Subject to any mandatory law or separate written agreement, South African courts have jurisdiction over disputes arising from these Terms.

1.1 Blackbook is the responsible party under POPIA.

1.2 Contact: support@blkbk.co.za

2.1 Identity, contact, business, payment, usage, and uploaded content data.

3.1 Platform operation, payments, verification, compliance, and improvement.

4.1 Processing is based on consent, contract, legal obligation, and legitimate interest.

5.1 Information may be shared with processors under confidentiality obligations.

5.2 Blackbook does not sell personal information.

6.1 Reasonable technical and organisational safeguards are implemented.

7.1 Data is retained only as long as necessary for lawful purposes.

8.1 Users may access, correct, delete, or object to processing.

9.1 Transfers occur only with adequate protection.

10.1 Complaints may be lodged with Blackbook or the Information Regulator.

1.1 Blackbook acts as a payment facilitator and escrow agent.

1.2 Blackbook does not supply creative services.

2.1 Clients authorise Blackbook to collect payments on behalf of Creatives.

2.2 Payments may be held in escrow and released per Job conditions.

3.1 Blackbook charges a service fee for use of the Platform.

3.2 Fees are disclosed prior to booking confirmation.

3.3 Blackbook will issue a tax invoice for its service fees where applicable.

4.1 Creatives remain responsible for their own tax and VAT obligations.

4.2 Blackbook does not assume VAT liability for Creative services.

5.1 Payouts occur once Job conditions are met and no disputes exist.

5.2 Standard payout period: within [X] business days.

6.1 Refunds are governed by the Cancellation Policy and Job terms.

6.2 Chargebacks may result in suspension or recovery of funds.

7.1 Blackbook may delay payouts for compliance, fraud prevention, or legal reasons.

1.1 This Policy applies to all Jobs booked through the Platform.

1.2 Creative-specific cancellation terms override this Policy where expressly agreed.

2.1 Clients may cancel subject to timing and work performed.

2.2 Deposits are non-refundable once work has commenced, unless otherwise agreed.

3.1 Creatives may not cancel confirmed Jobs without valid reason.

3.2 Unjustified cancellation may result in penalties or removal from the Platform.

4.1 Blackbook may cancel Jobs to prevent fraud, comply with law, or protect platform integrity.

5.1 Neither party is liable for failure caused by events beyond reasonable control.

6.1 Cancellations affect payments in accordance with this Policy and the Payment Terms.

1.1 This Policy governs acceptable behaviour on the Platform.

2.1 Users may not:

• Circumvent platform fees
• Harass or abuse others
• Misrepresent identity or services
• Upload unlawful or infringing content
• Manipulate reviews or ratings

3.1 Blackbook may suspend or terminate access for violations.

4.1 Users may report violations to support@blkbk.co.za