ConstructionPros

Cape Town

ConstructionPros

Cape Town

Terms of Service

Last updated: 26 May 2025

1. Introduction

Welcome to Construction Pros Cape Town (the “Platform”), an online marketplace operated by Lolsorry Studios, a company incorporated in the Republic of South Africa with its registered address at 123 Main Street, Cape Town, Western Cape, 8001 (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) form a legally binding agreement between you (“you,” “your,” or “User”) and the Company governing your access to and use of the Platform.

Important: We operate exclusively via this website and only serve the Western Cape province. We do not offer any mobile or desktop application.

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

 

2. Definitions

Term Meaning
Homeowner A User who posts projects seeking contractors.
Contractor A User who offers services and bids on projects.
Content All text, photos, files, communications, and other material posted, transmitted, or stored on the Platform.
Escrow The payment-protection mechanism through which homeowner funds are held until milestones are approved.
Project A task, job, or service request created by a Homeowner.

 

3. Eligibility

  1. You must be at least 18 years old and able to form a binding contract under South African law.

  2. Contractors must hold the appropriate trade licence(s) and public-liability insurance for the services they offer.

  3. We may refuse, suspend, or terminate accounts that do not meet eligibility requirements or breach these Terms.

 

4. Account Registration & Security

  1. Accurate Information. You agree to provide true, current, and complete information during signup and to keep it updated.

  2. Password Security. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorised use.

  3. One Account Rule. Each individual or business may hold only one Contractor account and one Homeowner account, unless we approve otherwise in writing.

5. Nature of the Platform

  1. We provide a venue where Homeowners and Contractors can connect, communicate, and enter into service agreements.

  2. No Employment Relationship. Contractors are independent service providers; no agency, partnership, joint-venture, or employment relationship exists between us and Contractors or between Users.

  3. No Guarantee. We vet Contractors for basic licence and identity checks, but we do not guarantee the quality, safety, legality, or fitness of any service.

 

6. User Conduct

You agree not to:

  • Violate any applicable law (including POPIA and consumer-protection laws).

  • Post false, misleading, or defamatory Content.

  • Infringe any intellectual-property or privacy rights.

  • Circumvent or manipulate the fee or payment structure.

  • Transmit viruses, malware, or other harmful code.

  • Engage in harassment, hate speech, or discrimination.

  • Collect information from the Platform using automated means without permission.

We may take any action deemed necessary, including removal of Content, suspension, or termination, to enforce these rules.

 

7. Posting Projects & Bidding

7.1 Homeowners

  • Must provide clear, accurate project descriptions, budgets, and deadlines.

  • Should respond to questions from Contractors promptly.

  • Are free to choose any Contractor or decline all bids.

7.2 Contractors

  • Must submit detailed, line-item quotes inclusive of labour, materials, and VAT.

  • May ask clarifying questions via the Platform chat before quoting.

  • Are bound by the price and scope specified in an accepted quote, except where variations are agreed through the Platform.

 

8. Payments, Fees & Escrow

  1. Currency. All prices are quoted and transacted in South African Rand (ZAR) including VAT where applicable.

  2. Escrow. Homeowners deposit agreed funds into escrow before work begins. Funds are released to Contractors once the Homeowner marks each milestone “Complete.”

  3. Platform Fees.

    • Lead Fee – paid by Contractors when they accept an invitation to quote.

    • Success Fee – a percentage of the total project price payable by the Contractor upon milestone release.

  4. Refunds.

    • Lead fees are non-refundable except where the Homeowner cancels the project before awarding any bid.

    • Escrow refunds follow our Dispute Resolution procedure (Section 9).

  5. Third-Party Payments. All transactions are processed by a PCI-DSS-compliant provider. We never store full card or bank details.

 

9. Dispute Resolution

  1. Direct Negotiation. Users should first attempt to resolve issues between themselves using the chat and variation tools on the Platform.

  2. Mediation. If no resolution, either party may escalate to us within 7 days. We will review evidence and may mediate a settlement or determine a fair split of escrow funds.

  3. Binding Decision. Our decision on escrow release is final with respect to funds held on the Platform. Users retain the right to pursue further legal remedies externally.

 

10. Intellectual-Property Rights

  1. Platform IP. The Platform and its original content, features, and functionality are owned by the Company and protected by copyright, trademark, and other laws.

  2. User Content. You retain ownership of Content you upload but grant us a world-wide, royalty-free, non-exclusive licence to use, display, reproduce, and distribute such Content for the sole purpose of operating and promoting the Platform.

  3. Feedback. Suggestions or improvements you provide may be implemented without compensation or attribution.

 

11. Warranties & Disclaimers

  • The Platform is provided “as is” and “as available.”

  • We make no warranties of any kind, express or implied, regarding:

    • the accuracy or completeness of listings or profiles;

    • continuous, error-free, or secure access;

    • the ability or willingness of Users to pay or perform.

  • Applicable law may not allow the exclusion of implied warranties; in such cases, the exclusions apply to the fullest extent permitted.

 

12. Limitation of Liability

To the maximum extent permitted by law:

  • Indirect Damages. We are not liable for any indirect, incidental, special, consequential, or punitive damages.

  • Cap on Direct Damages. Our total liability to any User for any claim arising out of or relating to these Terms or the Platform will not exceed ZAR 5 000 or the total fees paid by that User to us in the 12 months preceding the claim—whichever is greater.

  • Consumer Rights. Nothing in these Terms limits statutory rights that cannot be excluded, including rights under the Consumer Protection Act 68 of 2008.

 

13. Indemnity

You agree to indemnify and hold harmless the Company, its directors, officers, employees, and agents from any claim, demand, loss, or damage (including reasonable attorneys’ fees) arising out of or related to:

  • your breach of these Terms;

  • your use or misuse of the Platform;

  • your violation of any law or third-party rights.

 

14. Termination

  1. By You. You may terminate your account at any time by contacting us at info@constructionpros.co.za

  2. By Us. We may suspend or terminate your access and delete Content immediately, without notice, if you breach these Terms or if required by law.

  3. Survival. Sections 10–13 and any clauses that by their nature should survive will remain effective after termination.

 

15. Modifications to Terms

We may revise these Terms from time to time. Changes are effective when posted on the Platform and indicated by the “Last updated” date. Material changes will be communicated via email or on-site banner. Continued use after changes constitutes acceptance.

 

16. Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. You consent to the exclusive jurisdiction of the courts of the Western Cape High Court, Cape Town for any dispute not resolved under Section 9.

 

17. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

 

18. No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

 

19. Entire Agreement

These Terms, together with the Privacy Policy and any other policy referenced herein, constitute the entire agreement between you and us regarding the Platform and supersede any prior agreements or understandings.

 

By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms of Service.

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