INDEPENDENT CONTRACTOR PLATFORM AGREEMENT
(CLEANING)
Please ensure that you carefully read and understood the full contract provided to you. This form serves as your official confirmation that you agree to the terms and conditions outlined in the contract.
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After reviewing the document, please complete this form to confirm your acceptance.
By submitting this form, you acknowledge that you understand and agree to all the terms stated in the contract.
This Independent Contractor Platform Agreement (Cleaning) (“Agreement”) is entered into by and
between:
WITBLITS CLEANING
(hereinafter referred to as the “Platform” or the “Company”)
and
YOURSELF as the (Cleaner / Cleaning Contractor)
(hereinafter referred to as the “Contractor”)
- PREAMBLE (PLATFORM NATURE)
1.1. The Platform operates as an intermediary that markets and facilitates cleaning and related maintenance
services to clients (“Clients”), introduces independent contractors to Clients, and administers
bookings and payments.
1.2. The Contractor wishes to access work opportunities made available via the Platform and to perform
Services for Clients from time to time, on an offer-and-acceptance basis. - SCOPE OF SERVICES
2.1. The Contractor may be offered cleaning and related indoor maintenance services, which may include
(as applicable): dusting, vacuuming, mopping, kitchen and bathroom cleaning, laundry, window
cleaning, and other similar tasks agreed for a specific booking (the “Services”).
2.2. The Services are performed at Client premises and/or other locations specified by the Client. - INDEPENDENT CONTRACTOR STATUS (NO EMPLOYMENT)
3.1. The Contractor is an independent contractor and is not an employee, worker, partner, agent, or
representative of the Platform (Witblits Cleaning).
3.2. Nothing in this Agreement creates (or is intended to create) an employment relationship for purposes
of the Basic Conditions of Employment Act, 1997 (“BCEA”), the Labour Relations Act, 1995, or
any other labour legislation.
3.3. The Contractor:
(a) is not guaranteed any minimum number of bookings, hours, or income;
(b) controls how the Services are performed, subject to the Client’s reasonable instructions, safety requirements,
and applicable law; and
(c) is responsible for their own taxes and statutory obligations. - SERVICE REQUESTS (OFFER-AND-ACCEPTANCE)
4.1. From time to time, the Platform may send the Contractor booking requests/referrals containing
relevant details (including the nature of the Services, date/time, location, and fee). – The fee for each booking request is predetermined by the Platform and is non-negotiable.
4.2. Each booking request is an offer. A binding arrangement for a specific booking only arises once
the Contractor accepts the booking request (in writing or via the Platform’s normal communication
channels).
4.3. The Contractor may accept or refuse any booking request at their sole discretion.
4.4. If a booking is accepted, the Contractor must:
(a) attend on the agreed date/time;
(b) perform the Services to a professional standard; and
(c) promptly report to the Platform any material issue (including access problems, safety risks, breakages,
alleged loss or theft, or Client complaints). - VETTING (MANDATORY ID CHECKS AND POLICE CLEARANCE)
5.1. Before the Contractor may receive booking requests, the Contractor must provide the Platform
with:
(a) a clear copy of a South African identity document (or valid permit/passport, where applicable); and
(b) a valid police clearance certificate (or written proof of application, only if the Platform agrees in
writing to accept proof pending final clearance).
5.2. The Contractor warrants that all information provided to the Platform (including identity, address,
contact details, and banking details) is true and correct and undertakes to promptly notify the Platform
of any changes.
5.3. The Platform may, at its discretion, suspend or stop sending booking requests if vetting documentation
is not provided, expires, or is suspected to be false, misleading, or invalid. - EQUIPMENT AND MATERIALS
6.1. Unless otherwise agreed for a specific booking, the Client will provide all necessary tools, supplies,
and products required for the Services.
6.2. Where the Contractor uses any tools, supplies, products, or equipment belonging to the Client or
the Platform (if any), the Contractor must use such tools/supplies/products/equipment with due care
and return them in the condition received, fair wear and tear excepted.
6.3. The Contractor is responsible for their own transport, airtime/data, and personal protective
equipment, unless otherwise agreed in writing for a specific booking. - PAYMENT, INVOICING, AND COLLECTION (MONTHLY IN ARREARS)
7.1. The fee payable to the Contractor for each completed booking will be communicated by the Platform
for that booking (the “Contractor Fee”).
7.2. The Platform will pay the Contractor monthly in arrears, by electronic transfer to the Contractor’s
nominated bank account, on or about the Platform’s normal monthly payment date, being after
month-end (unless otherwise agreed in writing).
7.3. Payment is conditional upon:
(a) the booking being completed; and
(b) any bona fide Client query/dispute relating to that booking being reasonably investigated and resolved.
7.4. Strict payment prohibition (no direct payments): The Contractor is strictly prohibited from requesting,
demanding, soliciting, accepting, or receiving any payment (in cash or otherwise) directly
from a Client for any booking introduced, arranged, or facilitated by the Platform. All payments must
be processed via the Platform only.
7.5. If the Contractor breaches clause 7.4, the Platform may (without limiting any other rights) withhold
amounts otherwise payable to the Contractor pending investigation, recover any amounts paid
in respect of the relevant booking(s), and terminate this Agreement with immediate effect. - NO EMPLOYEE BENEFITS (BCEA / UIF EXCLUDED)
8.1. The Contractor acknowledges and agrees that, as an independent contractor, they are not entitled
to benefits or protections applicable to employees, including (without limitation) paid leave, sick
leave, overtime, severance pay, UIF contributions, or PAYE deductions by the Platform.
8.2. The Contractor is responsible for their own insurance (if any), medical costs, and any other personal
expenses. - CONFIDENTIALITY, POPIA, AND DATA PROTECTION
9.1. The Contractor will have access to confidential information, including Client personal information
(names, addresses, contact details, access instructions) and Platform operational information (“Confidential
Information”).
9.2. The Contractor undertakes to:
(a) keep all Confidential Information strictly confidential;
(b) use Confidential Information only for performing accepted bookings;
(c) not disclose Confidential Information to any third party (except as strictly necessary for performance
of the Services and only with the Platform’s prior written approval); and
(d) comply with the Protection of Personal Information Act, 2013 (“POPIA”) and any reasonable data/
security instructions issued by the Platform.
9.3. The Contractor must promptly notify the Platform if they suspect any unauthorised access to, loss
of, or disclosure of Confidential Information.
9.4. These obligations continue indefinitely after termination of this Agreement. - NON-SOLICITATION (PERMANENT PLATFORM PROTECTION)
10.1. The Contractor may not, at any time during this Agreement or after termination (permanently),
directly or indirectly:
(a) solicit, approach, contract with, or accept work from any Client introduced to the Contractor by
the Platform; or
(b) encourage, request, or permit any Client to bypass the Platform,
except where the Platform has given prior written consent.
10.2. The Contractor acknowledges that clause 10.1 is reasonable and necessary to protect the Platform’s
client relationships, goodwill, and business model. - LIABILITY, DISCLAIMER, AND INDEMNITY
11.1. The Contractor is solely responsible for, and liable for, any loss, damage, breakage, contamination,
injury, death, theft, or alleged theft arising from or relating to:
(a) the Contractor’s Services, conduct, negligence, or omissions; and/or
(b) the acts/omissions of any helper or subcontractor used by the Contractor.
11.2. To the maximum extent permitted by law, the Platform (including Witblits Cleaning and their
owners, managers, and staff) is not liable for any damages, loss, theft, alleged theft, injury, death,
costs, or claims of any nature whatsoever (whether direct, indirect, special, consequential, or otherwise)
arising from or relating to:
(a) the Services performed (or not performed) by the Contractor;
(b) the Contractor’s presence on a Client’s premises; and/or
(c) any act or omission by the Contractor.
11.3. The Contractor performs Services at their own risk and is responsible for their own health and
safety while travelling to/from and while performing the Services.
11.4. The Contractor indemnifies and holds the Platform harmless against any claim, demand, damage,
loss, liability, fine, penalty, legal cost, or expense arising from or relating to:
(a) the Contractor’s Services, conduct, negligence, or omissions;
(b) any claim by a Client or third party; and/or
(c) any claim by the Contractor that they are an employee of the Platform or Witblits Cleaning. - TERMINATION (IMMEDIATE TERMINATION EVENTS)
12.1. This Agreement starts on the date it is signed and continues until terminated in terms of this
clause.
12.2. Either party may terminate this Agreement at any time by written notice (including email or
WhatsApp).
12.3. The Platform may terminate this Agreement with immediate effect (and/or immediately suspend
sending booking requests) if the Contractor:
(a) commits or is reasonably suspected of theft, attempted theft, fraud, dishonesty, or any criminal
conduct;
(b) causes material damage (whether negligent or intentional) or repeatedly causes damage;
(c) acts in a manner that causes or is likely to cause reputational harm to the Platform, Witblits Cleaning,
or any Client;
(d) breaches clause 7.4 (direct payment prohibition) or clause 10 (non-solicitation);
(e) breaches confidentiality/POPIA obligations; or
(f) receives repeated or serious Client complaints or fails to meet reasonable quality/professional
standards.
12.4. Termination does not affect any rights accrued prior to termination. The Platform may withhold
payment for incomplete bookings or bookings subject to a bona fide dispute. - DISPUTE RESOLUTION AND GOVERNING LAW
13.1. The parties will attempt to resolve disputes informally and in good faith within 7 (seven) days of
written notice of a dispute.
13.2. If the dispute is not resolved, either party may refer the dispute to mediation by a mediator
agreed between the parties. If the parties cannot agree on a mediator within 7 (seven) days, the mediator
will be appointed by the Chairperson (or nominee) of the Legal Practice Council for the relevant
province.
13.3. If mediation fails, either party may institute legal proceedings.
13.4. This Agreement is governed by the laws of the Republic of South Africa. The parties consent to
the jurisdiction of the Magistrates’ Court having jurisdiction, notwithstanding that the matter may
otherwise exceed that court’s monetary jurisdiction.
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