← Back to HandalTerms of Service
Effective date: 1 April 2026 · Handal (Pty) Ltd
Johannesburg, Gauteng, South Africa
1. Introduction
Handal (Pty) Ltd (“Handal”, “we”, “us”, “our”) operates an online platform that enables Clients to discover and book vetted independent creative professionals (“Creatives”) for project-based work.
By accessing or using the platform, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you may not use the platform.
2. Governing Law
These Terms are governed by the laws of the Republic of South Africa, including:
- Consumer Protection Act 68 of 2008
- Electronic Communications and Transactions Act 25 of 2002
- Protection of Personal Information Act 4 of 2013
3. Eligibility
You must be at least 18 years old, have legal capacity to enter into binding agreements, and provide accurate, complete, and current information.
Handal may approve, decline, suspend, or terminate any account at its sole discretion.
4. Platform Nature and Role
Handal is a technology platform that facilitates access to a curated roster of Creatives, booking of Creative services, structured project workflows, and payment processing.
Handal is not an employer of Creatives, is not a party to the agreement between Client and Creative, and does not control or supervise the delivery of services.
Creatives act as independent contractors and are solely responsible for their own tax and legal obligations.
5. Accounts
Users are responsible for maintaining the confidentiality of their account credentials, all activity under their account, and keeping their information accurate and up to date.
Unauthorised use must be reported immediately.
6. Booking and Project Structure
6.1 Booking Formation — A booking is confirmed only when a Client submits a Project Brief, a Creative accepts the Project Brief, and full payment is successfully processed. Until all three steps are complete, no booking exists.
6.2 No Work Before Payment — Creatives may not begin work unless the Project Brief has been accepted and payment has been received and confirmed.
6.3 Scope and Additional Time — The scope of work is defined strictly by the approved Project Brief. Any work outside the agreed scope — including additional days, extended hours, rush deadlines, weekend or after-hours work, or increased volume or complexity — must be submitted as an Additional Time request through the platform.
Additional Time must be approved by the Client, is automatically priced based on the Creative’s rate, and must be paid in full before any additional work begins. No work may continue beyond the original booking scope without approved and paid Additional Time.
7. Fees and Payment
7.1 Pricing Structure — Creatives set their own rates. Clients pay an all-inclusive booking price. The total price includes the Creative’s rate and Handal’s platform fee.
7.2 Platform Fee — The platform fee is included in the total booking price. It is earned upon booking confirmation. It is non-refundable under all circumstances after confirmation.
7.3 Payment Terms — Full payment is required upon Creative acceptance of the Project Brief. Payments are processed via approved third-party providers. Payments collected by Handal are received as part of the ordinary commercial collection process for facilitating bookings. They are not held in escrow, not held in trust, and Handal does not operate a regulated financial service, wallet, or stored-balance account.
7.4 Release of Funds — Payment is released to the Creative when deliverables have been submitted through the platform and the Client has approved the deliverables. The Client has 24 hours from delivery submission to approve the deliverables or request revisions within scope. If the Client does not respond within this period, the deliverables are automatically deemed approved and payment is automatically released. Clients are responsible for monitoring platform notifications and activity.
8. Cancellations and Booking Finality
8.1 Nature of Booking Commitment — A confirmed booking secures the Creative’s time and availability for the agreed dates. That time is removed from the market and cannot be resold.
8.2 General Position — Once a booking is confirmed and payment has been made, the booking is non-refundable, save as set out in this clause 8 or as required by law. A confirmed booking cannot be rescheduled without the Creative’s express agreement in the Workspace.
8.3 Creative Fails to Deliver — If a Creative fails to deliver the agreed deliverables within the confirmed scope and timeline, the Client may request a refund of the Creative’s fee portion via the original payment method. The platform fee is non-refundable, except where Handal is itself in breach.
8.4 Client-Initiated Cancellation — If the Client cancels a confirmed booking for any reason other than Creative non-delivery or Handal breach, no refund is payable unless required by applicable law.
8.5 Pre-Confirmation Payments — If payment is made before the Creative accepts the Project Brief, the booking is not yet confirmed. A refund may be issued less payment processing fees only. No platform fee is charged unless a booking is confirmed.
8.6 Statutory Rights Preserved — Nothing in this clause limits any right under the Consumer Protection Act 68 of 2008 or any other law that cannot lawfully be excluded.
9. Creative Performance and Platform Position
Handal does not guarantee Creative performance, guarantee project outcomes, provide replacement Creatives, or manage or intervene in project execution.
If a Client is dissatisfied with performance, the Client may raise the issue through the platform. Where a dispute is raised, payment may be temporarily paused.
Handal does not adjudicate disputes and is not responsible for determining fault.
10. Intellectual Property
Ownership of final deliverables transfers to the Client upon full payment. Working files remain the property of the Creative unless agreed otherwise. Handal retains all rights to its platform, systems, and branding.
11. Confidentiality
All parties agree to keep confidential all project materials, communications, and business and proprietary information. This obligation continues after project completion.
12. Disputes
Disputes must be raised through the platform workspace. Handal provides the infrastructure for communication and record-keeping and may pause payment where a dispute is raised.
Handal does not act as a court, mediator, or arbitrator and does not determine legal outcomes or liability. Where a dispute is not resolved between the parties within 14 days, the default release rules set out in the Client and Talent Service Level Agreements apply. External resolution is through mediation and, failing that, binding arbitration under the Arbitration Foundation of Southern Africa (AFSA).
13. Limitation of Liability
To the maximum extent permitted by law, Handal’s total aggregate liability to a Client in respect of any specific booking is limited to the total amount actually paid by the Client to Handal in respect of that booking. Handal is not liable for indirect, incidental, special, or consequential damages.
Nothing in these Terms limits liability where prohibited by law.
14. Privacy
Handal processes personal information in accordance with the Protection of Personal Information Act 4 of 2013. Information is used solely to operate the platform and facilitate services.
15. Changes to Terms
Handal may update these Terms at any time. Continued use of the platform constitutes acceptance of updated Terms.