Workweek Terms of Service

1. 2.1. In these Terms, the following definitions apply:
   1. 2.1.1. "Business Day" means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa;
   2. 2.1.2. "Employer" means a business that subscribes to the Services to record the time, attendance and related information of its Workers;
   3. 2.1.3. Employee Data includes but is not limited to their Personal Information, employment and verified work history, skills, hours of work experience, references, certificates, passports, and portfolio, if they use Skills Passport (the worker-controlled professional profile including their curriculum vitae), for which the Worker is in control and Workweek acts as responsible party;
   4. 2.1.4. "Employment Data" has the meaning given in clause 2.1(a);
   5. 2.1.5. "Intellectual Property" means all patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and renewals, and all rights to apply for and be granted such rights;
   6. 2.1.6. "Operator" means a person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that responsible party;
   7. 2.1.7. "Skills Passport" has the meaning given in clause 2.1(b);
   8. 2.1.8. "Responsible Party" means the person who, alone or with others, determines the purpose of and means for processing personal information;
   9. 2.1.9. "Special Personal Information" means personal information as described in section 26 of POPIA or such applicable data privacy laws, including biometric information;
   10. 2.1.10. "Worker" means an individual whose Employment Data is processed through the Platform and/or who uses the recruitment offering, this may include formal employees and independent contractors and/or their team members.
   11. 2.1.11. "Confidential Information" means all non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party") in connection with the use of the Platform or these Terms, whether designated as confidential or that ought reasonably to be understood as confidential in the circumstances, including technical information, software, business plans, pricing, Personal Information and Employment Data. Confidential Information excludes information that: (i) is or becomes publicly available through no fault of the Receiving Party; (ii) was rightfully known to the Receiving Party prior to disclosure without restriction; (iii) is independently developed without reference to the Confidential Information; or (iv) must be disclosed by law or a competent authority;
   12. 2.1.12. "Personal Information" has the meaning given in section 1 of POPIA and includes, without limitation, a natural person's name, contact details, identity number, location information and online identifiers, as well as Employment Data and Skills Passport data or the definition in or the applicable data privacy laws to your jurisdiction;
2. 2.2. Clause headings are for convenience only and do not affect interpretation.
3. 2.3. Words importing the singular include the plural and vice versa, and words importing one gender include the other genders.
4. 2.4. A reference to any statute is a reference to that statute as amended or re-enacted from time to time.

1. 3.1. You must provide accurate, current and complete information when registering and must keep it updated.
2. 3.2. You must be at least 18 years of age (or the age of majority in your jurisdiction if higher) to register for or use the Platform. By registering, you represent and warrant that you meet this age requirement. Where the Platform is accessed by a Worker who is under 18 in the context of a youth employment or learnership programme, the Employer is responsible for ensuring that appropriate legal authorisation from a competent person has been obtained.
3. 3.3. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
4. 3.4. You must not:
   1. 3.4.1. use the Platform for any unlawful purpose or in breach of any applicable law;
   2. 3.4.2. upload or transmit any content that is unlawful, defamatory, harassing or that infringes the rights of any third party;
   3. 3.4.3. introduce any virus or malicious code, or interfere with the operation, integrity or security of the Platform; or
   4. 3.4.4. attempt to gain unauthorised access to any part of the Platform or its underlying systems.

1. 4.1. All intellectual property in and to the Platform, including its software, design, content and trade marks, is owned by or licensed to Workweek and is protected by applicable law.
2. 4.2. Workweek grants you a personal, non-exclusive, non-transferable and revocable licence to access and use the Platform for its intended purpose, subject to these Terms.
3. 4.3. All rights in any content you submit to the Platform remain yours, and you grant Workweek a non-exclusive licence to use that content to the extent necessary to provide the Services for as long as you remain registered.

1. 5.1. Two separate sets of information exist on the Platform, and it is important that all users understand the distinction:
   1. 5.1.1. the Employment Data (attendance records, hours worked, clock-in and clock-out times, geolocation captured at clock-in, and related payroll inputs), for which the Employer is the responsible party and Workweek acts as an operator; and
   2. 5.1.2. the Employees Data including but not limited to their Personal Information, employment and verified work history, skills, references and portfolio, if they use Skills Passport (the worker-controlled professional profile including their curriculum vitae), for which the Worker is in control and Workweek acts as responsible party.
2. 5.2. The Worker's control over their Employee Data and Skills Passport is given effect through the dashboard.
3. 5.3. The Employer acquires no ownership of, or rights over, a Worker's Employee Data or Skills Passport. The Skills Passport is portable, survives the end of any single engagement, and may be taken by the Worker between engagements.
4. 5.4. Workweek processes personal information in accordance with POPIA, other applicable privacy laws dependent on your jurisdiction, and the Workweek Privacy Notice.
5. 5.5. Where Workweek acts as an operator in respect of Employment Data, it processes that information only with the Employer's knowledge and authorisation, only on the Employer's documented instructions, and treats it as confidential in accordance with sections 20 and 21 of POPIA or the applicable data privacy laws.
6. 5.6. Where Workweek acts as a responsible party, it is accountable to the relevant data subject under POPIA or the applicable data privacy laws for that processing.
7. 5.7. Workweek may process or store personal information outside South Africa only as permitted by section 72 of POPIA or such applicable privacy law requirements.

1. 6.1. The Platform and the Services are provided "as is" and "as available". Workweek does not warrant that access will be uninterrupted or error-free, and planned or emergency maintenance may result in temporary unavailability. Workweek will use reasonable efforts to notify users of planned maintenance in advance. Workweek shall not be responsible for the availability of third-party infrastructure (including mobile networks, internet connectivity and SMS or WhatsApp gateways) on which the Platform depends.
2. 6.2. To the maximum extent permitted by law, Workweek shall not be liable for any indirect, consequential or special loss, including loss of profit, revenue, data or goodwill or any loss occasioned by errors in recorded time worked.
3. 6.3. Where the applicable law permits, Workweek's total aggregate liability to an Employer arising out of or in connection with these Terms and the Services is limited to the total subscription fees paid or payable by that Employer to Workweek in the 12 (twelve) months immediately preceding the event giving rise to the claim. This cap does not apply to liability for fraud, wilful misconduct, death or personal injury caused by negligence, infringement of intellectual property rights, breach of confidentiality obligations, or any liability that cannot lawfully be limited.
4. 6.4. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability under the CPA where it applies.
5. 6.5. This clause is subject to the specific consumer provisions in Part D, which prevail for Workers using Skills Passport.
6. 6.6. The Platform may integrate with or link to third-party services (including payment processors, communication gateways, background-check providers and mapping services). Workweek does not control such services, their availability, security or separate terms of use, and is not responsible for their performance or content. A user's use of third-party integrated services is at that user's own risk unless Workweek has expressly assumed responsibility in writing.

1. 7.1. Workweek may restrict, suspend or terminate access to the Platform where a user materially breaches these Terms, provided that, where the breach is capable of remedy, Workweek gives the user written notice describing the breach and allows 10 (ten) Business Days to remedy it before acting on that notice. Where the breach is not capable of remedy, or where continued access poses a material security or legal risk, Workweek may act with immediate effect on written notice.
2. 7.2. Termination does not affect any rights or obligations that have accrued before termination or that are intended to survive it.

1. 8.1. Neither party shall be liable for any failure or delay in performing its obligations (other than a payment obligation) to the extent caused by an event beyond its reasonable control, including act of God, flood, epidemic, pandemic, war, civil commotion, load-shedding, failure of utilities or government action. The affected party must notify the other without undue delay and use reasonable endeavours to mitigate. If the event continues for more than 60 (sixty) days, either party may terminate on 10 (ten) Business Days' written notice.

1. 9.1. Any dispute arising out of or in connection with these Terms that is not resolved by negotiation within 20 (twenty) Business Days shall be finally resolved by arbitration in Johannesburg under the expedited rules of the Arbitration Foundation of Southern Africa ("AFSA"), before a single arbitrator, and the Arbitration Act 42 of 1965 shall apply.
2. 9.2. Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction, or from using any tribunal or ombud provided for in applicable legislation.
3. 9.3. A dispute between an Employer and a Worker regarding their employment or engagement is between those parties, and Workweek is not responsible for resolving it.

1. 10.1. Workweek chooses as its domicilium citandi et executandi: Unit 5, Woodlands House, 17a woodlands road, Woodstock, Cape Town, South Africa, 7915.
2. 10.2. A user chooses as its domicilium the physical and email address provided to Workweek during onboarding.
3. 10.3. Operational notices may be given by email. A party may change its domicilium on 10 (ten) Business Days' written notice.

1. 11.1. These Terms constitute the entire agreement between the parties in relation to their subject matter.
2. 11.2. These Terms must be read together with the Workweek Privacy Notice (available at workweek.co.za/privacy) and, where applicable, the Workweek Cookie Policy. In the event of conflict between these Terms and the Privacy Notice on a matter of personal information processing, the Privacy Notice shall prevail to the extent of the conflict.
3. 11.3. Workweek may update these Terms for legal, security or operational reasons. A material change affecting active users will be communicated at least 30 (thirty) calendar days before it takes effect. A change cannot reduce a user-specific right or alter agreed fees, dates or subscription term length during the current term without written agreement. If applicable law gives a user a right to terminate because of a change, that right is preserved.
4. 11.4. No variation of these Terms is effective unless made in accordance with the process notified to users on the Platform, and material changes will be communicated where required by law.
5. 11.5. No indulgence granted by Workweek constitutes a waiver of its rights.
6. 11.6. Each provision is severable, and if any provision is found unenforceable, the remaining provisions continue in full force.
7. 11.7. Neither these Terms nor any rights under them may be ceded, delegated or assigned by a user without Workweek's prior written consent.
8. 11.8. These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

1. 2.1. To use the Platform as an Employer, you must register and provide your company information, Worker information, work locations and other information necessary to establish your account.
2. 2.2. The person accepting these Terms warrants that they are duly authorised to bind the Employer, and the Employer is responsible for all activity under its account.

1. 3.1. The Employer is the responsible party for Employment Data and Workweek is the operator. The detailed operator obligations are set out in the Master Services Agreement between the Employer and Workweek. The Employer warrants that it has a lawful basis under section 11 of POPIA, or the applicable data privacy laws, for the processing of Employment Data, being in the ordinary course the performance of the employment contract, the Employer's legal obligation to keep working-time and pay records under the applicable labour laws, and the Employer's legitimate interests.
2. 3.2. The Employer is responsible for discharging the notification duty to each Worker under section 18 of POPIA or the applicable data privacy laws, and Workweek shall support this by supplying a Worker-facing notice and the tooling to deliver it.

1. 4.1. Biometric clock-in photographs are Special Personal Information. Where the Employer enables biometric clock-in, the Employer is responsible for ensuring that a section 27 basis is met, being the Worker's explicit consent and/or that the processing is necessary for the exercise or performance of a right or obligation in law.

1. 5.1. The Employer acknowledges and agrees that it acquires no ownership of, or rights over, any Worker's Employee Data or Skills Passport, and that granular Employment Data such as work sites and specifics of hours worked shall not feed a Worker's Employee Data or Skills Passport. The Skills Passport data which draws on Employee data shall be aggregated numbers of hours worked for a specific company or on a skill.

1. 1.1. If the Employer uses Workweek Recruit, the following additional obligations apply.
2. 1.2. The Employer shall use Workweek Recruit in compliance with all applicable laws, including the Employment Equity Act 55 of 1998 and any applicable anti-discrimination legislation. The Employer shall not discriminate unlawfully against any Candidate on any ground prohibited by law.
3. 1.3. The Employer shall not use any information accessed through Workweek Recruit for any purpose other than evaluating a Candidate's suitability for employment or engagement. The Employer shall keep all Candidate personal information confidential and shall not disclose it to third parties without the Candidate's consent, except as required by law.
4. 1.4. The Employer acknowledges that Workweek makes no representation as to the accuracy or completeness of any Skills Passport or Candidate information, and that the Employer is solely responsible for its hiring and engagement decisions, including conducting any background checks, reference checks or skills assessments it considers appropriate.
5. 1.5. The Employer shall not directly or indirectly solicit or engage a Candidate identified through Workweek Recruit outside the Platform without the prior written consent of Workweek, except where the Employer and Candidate already had a pre-existing relationship prior to encountering each other on the Platform. Platform fees for Workweek Recruit are set out in the applicable subscription package or Master Services Agreement.

1. 6.1. Each new Employer begins with the Workweek Go Live ("WGL") programme as described in its subscription package or Master Services Agreement. The WGL is a paid, structured onboarding programme and not a free trial.
2. 6.2. The WGL fee is payable before onboarding commences. Workweek may defer access to onboarding and setup activities until it has received cleared payment of the WGL fee.
3. 6.3. If the Employer's subscription package includes a Week 1 Satisfaction Refund, the Employer may invoke it only by giving written notice to accounts@workweek.co.za by the refund deadline shown in the applicable package. Workweek will process an approved refund within 7 (seven) Business Days. After the refund deadline, the WGL fee is non-refundable, regardless of the extent of the Employer's use of the onboarding services.
4. 6.4. To prevent the paid subscription from starting automatically at the end of the WGL, Workweek must receive written cancellation notice on or before the WGL end date. Notice must be sent to accounts@workweek.co.za with the named Customer Success Manager copied. A project delay, missed meeting, incomplete rollout, partial activation or continued support does not extend the WGL by implication.
5. 6.5. The WGL end date may be extended only by mutual written agreement that records both the revised WGL end date and the revised subscription start date.

1. 7.1. The Employer's use of the Services is subject to the fees and payment terms set out in the applicable subscription package or Master Services Agreement. All amounts are exclusive of value-added tax unless stated otherwise.
2. 7.2. Automatic subscription start. Unless Workweek receives valid written cancellation notice on or before the WGL end date, the Employer's paid subscription begins automatically on the subscription start date stated in the applicable package or Master Services Agreement. No further approval, signature, purchase order or separate invoice event is required to activate the subscription obligation.
3. 7.3. Subscription duration and cancellation. Unless a minimum subscription term is expressly recorded in writing, the subscription continues on a month-to-month basis from the subscription start date. the Employer may cancel at any time by giving Workweek at least 30 (thirty) calendar days’ written notice. Cancellation takes effect at the end of the notice period, and all fees remain payable until that date.
   1. 7.3.1. Employers are encouraged to plan for a minimum 12-month term to support the best implementation and operational results. Workweek offers an annual upfront payment discount to Employers who opt for a 12-month term and pay annually in advance. Please ask your account manager for the applicable discount. Any agreed minimum term and discount must be recorded in writing and appended to the Services Agreement.
4. 7.4. Monthly invoicing. Workweek invoices monthly in advance on the subscription start date and each monthly anniversary thereafter. Payment is due within 7 (seven) calendar days of invoice. All fees are in South African rand and exclude VAT. The Employer must pay undisputed amounts without set-off or deduction.
5. 7.5. Package limits and price changes. The fixed monthly fee covers the employee, site and service limits in the Employer's package. The Employer must notify Workweek if its use materially exceeds those limits. Any fee or scope change during a term requires written agreement. Workweek may propose a fee change for a renewal term by giving at least 45 (forty-five) calendar days' notice before the renewal date, giving the Employer an opportunity to exercise its 30-day non-renewal right.
6. 7.6. Suspension for overdue amounts; refunds. If an undisputed invoice is not paid within the 7-day payment period, Workweek may temporarily suspend the Employer's dashboard access until it receives cleared payment. Workweek will notify the Employer when access is suspended. Suspension does not extend the subscription term, change any contract date or remove payment obligations. Except for a Week 1 Satisfaction Refund, a right required by law, or a written agreement, paid fees are non-refundable and no partial-month or unused-term credit is given.

On expiry or termination of the Employer's subscription, the Employer's access to the Platform ends. On written request made before or within 30 (thirty) calendar days after termination, Workweek will provide a reasonable standard export of available Employment Data, subject to payment of all undisputed fees and applicable legal data-retention obligations. After that period, Workweek may delete or anonymise Employment Data in accordance with the Privacy Notice and its data retention schedule. Workweek is not obliged to retain Employment Data for longer than required by applicable law.

The Employer indemnifies Workweek against any third-party claim arising out of or in connection with: (a) unlawful Employment Data or other data submitted by the Employer; (b) the Employer's failure to obtain a lawful basis for processing Employment Data under POPIA or any other applicable privacy law; (c) the Employer's material breach of its obligations regarding Workweek Recruit; or (d) the Employer's infringement of a third party's rights through its use of the Platform. Workweek must give prompt written notice of any such claim, allow the Employer reasonable control of the defence, and cooperate reasonably. The indemnity does not apply to the extent the claim is caused by Workweek's own act or omission.

1. 2.1. When you use the Platform for time and attendance, your Employment Data is processed by Workweek as operator on behalf of your Employer, who is the responsible party.
2. 2.2. You will be clocked in on a device controlled by your Employer their appointed delegate or on your own device.

1. 3.1. Your Employer determines the lawful basis for processing your Employment Data and is responsible for making you aware of the matters set out in section 18 of POPIA or the applicable data privacy laws.
2. 3.2. Because Workweek acts as operator for Employment Data, any request to access, correct or object to the processing of that data should be directed to your Employer as responsible party or through our dedicated privacy email on our privacy notice, and Workweek will assist your Employer in responding.
3. 3.3. Your use of the Platform for time and attendance does not create the recruitment relationship in Part D; that relationship arises only if you sign up separately to Skills Passport.
4. 3.4. You agree that you shall not falsify, manipulate or circumvent any time and attendance, clock-in/clock-out, shift or working-hours feature of the Platform, including by clocking in or out for another person or allowing another person to do so for you.

1. 3.1. This Part is written in plain language as required by the CPA.
2. 3.2. This Part is subject to the CPA and nothing in these Terms limits any right you have under the CPA.
3. 3.3. If you signed up following direct marketing, you may cancel within 5 (five) Business Days without reason or penalty, as provided in section 16 of the CPA.

1. 4.1. When you sign up to the recruitment offering, you create a Skills Passport which may draw on your existing Employee Data if you are already using the Platform through your Employer. You control your Skills Passport. Workweek is the responsible party and is accountable to you for how it is processed.
2. 4.2. Your Skills Passport is yours to keep. It is portable, it survives the end of any job, and you can take it with you between jobs. Your Employer gets no ownership of, or rights over, your Skills Passport or any of your Employee Data.
3. 4.3. You are responsible for ensuring that the information in your Skills Passport is accurate, current and not misleading. You must not include false qualifications, fraudulent work history, or information that infringes the rights of any third party. Workweek may, but is not obliged to, verify or moderate profile content and reserves the right to remove content that is manifestly inaccurate, unlawful or in breach of these Terms after giving you reasonable notice where practicable.
4. 4.4. Your Skills Passport must not contain: (a) content that is unlawful, defamatory, discriminatory, or that harasses or vilifies any person; (b) content that infringes any third party's intellectual property rights or other rights; (c) personal information of third parties without their consent; or (d) viruses, malicious code or other harmful components.
5. 4.5. Your attendance or work-history data from the time-and-attendance system will only be added to your Skills Passport without reference to your work-sites and without specifics of your time keeping history or Employer Data beyond the name of the companies you have worked for example: 10,000 hours experience as a fitter and turner for Acme Co;

1. 5.1. We will only disclose your Skills Passport to a prospective employer or recruiter: (a) where you have expressly consented to that specific disclosure by opting in to make your profile discoverable by employers or recruiters on the Platform; (b) where you have applied for a specific opportunity and the disclosure is to the employer or recruiter who posted that opportunity; or (c) where you have otherwise given consent to the disclosure. In all cases, we will inform you of the identity of the recipient before or at the time of disclosure where practicable.
2. 5.2. We do not sell your personal information, and we will obtain your consent before sharing your personal information with any third party for that third party's own marketing.

1. 6.1. We provide the Platform to help you present your work and reach opportunities. We do not guarantee that you will find work or receive any particular opportunity, and we are not a party to any engagement between you and an employer or recruiter.
2. 6.2. To the extent the law allows, we are not responsible for the decisions of employers or recruiters, or for any loss that is not a direct and reasonably foreseeable result of our failure to provide the Services. Nothing here removes any right you have under the CPA or any other law that cannot be excluded.

1. 7.1. You may stop using the recruitment functionality and close your Skills Passport at any time.
2. 7.2. On closure, we will delete or de-identify your Skills Passport within a reasonable period being not more than 6 months after termination, except where we are required by law to retain certain information, and you may request an export of your profile before closure.