Website Terms and Conditions

1. Introduction and acceptance

1.1These Terms and Conditions (“Terms”) govern your access to and use of www.afriasante.co.za (the “Website”) and the services offered through it by AfriAsante Agency (“AfriAsante”, “we”, “us” or “our”).

1.2By accessing the Website, submitting an enquiry, applying to join our roster, creating an account or making a booking, you confirm that you have read, understood and agreed to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Website.

1.3If you use the Website on behalf of a company or other organisation, you confirm that you are authorised to bind that organisation to these Terms, and “you” includes that organisation.

2. Who we are

In line with section 43 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), our details are:

3. Definitions

3.1“Client” means any business or person that enquires about, books or pays for our services.

3.2“Talent” means any influencer, content creator, voice-over artist, actor, MC, promoter or other creative represented by, or applying to be represented by, AfriAsante.

3.3“Services” means talent management, influencer marketing, brand activations, voice-over and screen talent sourcing, social media campaigns, events promotions and related services described on the Website.

3.4“Booking Agreement” means the written quotation, proposal, contract or booking confirmation issued by AfriAsante and accepted by the Client.

3.5“Management Agreement” means the separate written agreement between AfriAsante and a Talent that governs their representation.

4. Use of the Website

4.1You may use the Website only for lawful purposes and in accordance with these Terms.

4.2You must not:

• use the Website in any way that is unlawful, fraudulent, defamatory, discriminatory, harassing or harmful;
• submit false, misleading or someone else’s information, or impersonate any person;
• attempt to gain unauthorised access to the Website, its servers, databases, admin areas or other users’ accounts;
• introduce malware, scrape or harvest data (including Talent images and contact details), or overload or interfere with the Website;
• copy, reproduce, resell or exploit Talent profiles, images, campaign content or other Website content for any purpose other than a genuine enquiry or booking with us; or
• circumvent AfriAsante to contact or contract with Talent introduced through the Website, where this would breach a Booking Agreement or Management Agreement.

4.3We may suspend or restrict access to the Website at any time, including for maintenance, security or suspected breach of these Terms.

5. Accounts

5.1Some features (for example Client or Talent dashboards) may require an account. You must be at least 18 years old, or have the consent of a parent or legal guardian, to register.

5.2You must provide accurate, current information and keep it up to date.

5.3You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at info@afriasante.co.za if you suspect unauthorised use.

5.4We may suspend or close an account that breaches these Terms, is inactive for a prolonged period, or poses a security or legal risk.

6. Our role and the Services

6.1AfriAsante acts as an agent and intermediary between Clients and Talent. Unless a Booking Agreement states otherwise, we do not employ Talent and are not the author of the content Talent publishes in their personal capacity.

6.2Information on the Website (including Talent categories, tiers, follower counts, reach statistics and campaign results) is provided for general information and is subject to change. Social media metrics are reported by third-party platforms and we do not guarantee their accuracy or any particular campaign outcome.

6.3Availability of Talent is not guaranteed until confirmed in writing.

7. Enquiries, quotations and bookings

7.1Submitting an enquiry through the Website, email or WhatsApp is an invitation to discuss a booking. It is not a binding order.

7.2A booking is binding only once we issue a written Booking Agreement or confirmation and the Client accepts it in writing (email or electronic acceptance is sufficient), and any deposit stated in it has been paid.

7.3Quotations are valid for 15 days unless stated otherwise. Fees depend on the scope, Talent tier, usage rights, duration, exclusivity and deliverables set out in the quotation.

7.4If there is a conflict between these Terms and a Booking Agreement, the Booking Agreement prevails for that booking.

8. Pricing and payment

8.1All prices are in South African Rand (ZAR) unless otherwise stated.

8.2Unless the Booking Agreement says otherwise, a deposit of 50% is payable to confirm a booking and the balance is payable within 7 days of invoice or before the campaign or event date, whichever is earlier.

8.3Online payments are processed by a third-party payment service provider. We do not store your full card details. Your use of the payment provider is subject to its own terms and privacy policy. We use PayFast as our payment gateway.

8.5Talent fees are paid to Talent in accordance with the Management Agreement. Clients must not pay Talent directly for Services booked through AfriAsante unless we agree in writing.

9. Cancellations and changes

9.1Clients may cancel or reschedule a booking by written notice. Unless the Booking Agreement says otherwise: (a) more than 7 days before the start date, the deposit is refundable less administrative costs; (b) between 7 to 14 days before, 50% of the fee is payable; and (c) fewer than 7 days before or after the start date, the full fee is payable.

9.2Any cancellation charge will be reasonable, as required by section 17 of the Consumer Protection Act 68 of 2008 (“CPA”), where that section applies.

9.3If Talent is unable to perform because of illness, emergency or other circumstances beyond their control, we will use reasonable efforts to offer a suitable replacement or reschedule. If that is not possible, we will refund amounts paid for Services not delivered.

9.4Nothing in this clause limits any right you have under the CPA or ECTA, including any cooling-off right that applies to your transaction.

10. Talent applications (“Join Us”)

10.1Applying to join our roster does not guarantee representation. We may accept or decline any application at our discretion.

10.2You confirm that the information, photos, videos and social media details you submit are accurate, belong to you or are lawfully used with permission, and do not infringe anyone’s rights.

10.3You grant AfriAsante a non-exclusive, royalty-free, revocable licence to review, store and use your application material to assess your application and, if you are accepted, to display your profile on the Website and in pitches to Clients as set out in your Management Agreement.

10.4Applicants under 18 must have the consent of a parent or legal guardian, who must be identified in the application.

10.5Once accepted, your representation is governed by your Management Agreement. These Terms apply to your use of the Website only.

11. Intellectual property

11.1The Website and its design, text, logos, graphics, software and compilation are owned by or licensed to AfriAsante and are protected by the Copyright Act 98 of 1978, trade mark law and other laws. All rights are reserved.

11.2Talent photographs, voice recordings, names, likenesses and campaign content remain the property of the Talent, the Client or other rights holders as applicable. You may not use them without written permission.

11.3Ownership and usage rights in campaign deliverables are governed by the Booking Agreement. Unless it says otherwise, rights are limited to the specified purpose, territory, platforms and duration, and transfer only on full payment.

11.4You may view and print Website content for personal, non-commercial purposes, provided you keep all copyright notices intact.

12. Content you submit

12.1This clause applies to anything you submit through the Website, such as enquiries, testimonials, messages and application material.

12.2You remain the owner of your content, but you grant us a non-exclusive, royalty-free licence to use it for the purpose for which you submitted it. If you submit a testimonial, you consent to us publishing it with your name and organisation as supplied, and you may ask us to remove it at any time.

12.3You warrant that your content is lawful, accurate and does not infringe any third party’s rights. We may remove content that breaches these Terms.

13. Third-party links and services

The Website links to or integrates third-party services (such as WhatsApp, Instagram and payment providers). We do not control and are not responsible for their content, availability or privacy practices. Your use of them is at your own risk and subject to their terms.

14. Disclaimers and limitation of liability

14.1We aim to keep the Website accurate and available, but it is provided “as is” and “as available”. We do not warrant that it will be uninterrupted, error-free or free of harmful components.

14.2To the maximum extent permitted by law, AfriAsante is not liable for any indirect, incidental or consequential loss (including loss of profit, revenue or goodwill) arising from your use of the Website or the Services, or from the acts or omissions of Talent, other Clients or third parties.

14.3Subject to clause 14.4, our total liability for any claim arising from a booking is limited to the fees paid by the Client to AfriAsante for that booking.

14.4Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for fraud, gross negligence, intentional misconduct, or any rights you have under sections 49 to 61 of the CPA.

15. Indemnity

You indemnify AfriAsante against any claim, loss or reasonable cost (including legal fees on an attorney-and-own-client scale) arising from your breach of these Terms, your unlawful use of the Website, or your infringement of a third party’s rights, except to the extent the loss was caused by our own negligence or breach. This clause does not apply where it would be unlawful under the CPA.

16. Privacy and personal information

We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and our Privacy Policy, which forms part of these Terms.

17. Electronic communications

You agree that we may communicate with you electronically (email, WhatsApp, SMS or notices on the Website) and that such communications satisfy any legal requirement that they be in writing. We will send marketing communications only where permitted by POPIA and the CPA, and you may opt out at any time.

18. Suspension and termination

We may suspend or terminate your access to the Website or your account, without notice, if you breach these Terms or if we are required to do so by law. Termination does not affect rights or obligations that arose before termination, nor any clause that by its nature should survive, including intellectual property, payment, liability and indemnity clauses.

19. Changes to these Terms

We may update these Terms from time to time. The updated version will be posted on the Website with a new “last updated” date. Continued use of the Website after that date means you accept the updated Terms. Changes do not affect a Booking Agreement already concluded.

20. Complaints and dispute resolution

20.1If you have a complaint, please email info@afriasante.co.za. We will acknowledge it within 3 business days and aim to resolve it within 14 business days.

20.2If we cannot resolve a dispute informally, the parties will first attempt mediation before litigation, except where urgent relief is needed.

20.3Consumers may also approach the National Consumer Commission or any other body or court with jurisdiction, as the CPA allows.

21. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Subject to any rights you have under the CPA, the courts of South Africa, including the Gauteng Division of the High Court / Magistrate’s Court, have jurisdiction.

22. General

22.1Entire agreement. These Terms, the Privacy Policy and any Booking or Management Agreement are the whole agreement on their subject matter.

22.2Severability. If any provision is found invalid or unenforceable, the rest remains in force.

22.3No waiver. Failure to enforce a right is not a waiver of that right.

22.4Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may assign ours to a successor to our business.

22.5Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including load shedding, network failure, illness, government action or natural disaster. This does not excuse payment obligations already due.

22.6Notices. Notices to AfriAsante must be sent to info@afriasante.co.za or the physical address in clause 2. We may send notices to the email address you provided.

23. Contact us

AfriAsante Agency | info@afriasante.co.za | 071 980 3684 | Gauteng, South Africa