Terms of Service

Section 01

Introduction & Acceptance of Terms

Welcome to Opknap. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Opknap (Pty) Ltd ("Opknap", "we", "us", or "our"), governing your access to and use of the Opknap platform, website, mobile application, and related services (collectively, the "Platform").

By registering an account, accessing the Platform, or using any of our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not access or use the Platform.

These Terms apply to all users of the Platform, including Homeowners seeking maintenance services and Service Providers offering such services.

Section 02

Definitions

In these Terms, the following words and expressions bear the meanings assigned to them below:

Section 03

Platform Overview

Opknap is a home maintenance management platform that connects South African homeowners and landlords with qualified service providers. The Platform enables Homeowners to log maintenance tasks, request quotes, store documents and invoices, and generate SARS-compliant tax reports. Service Providers can receive quote requests, build a professional profile, and grow their client base.

Opknap acts solely as an intermediary marketplace. We are not a party to any Service Agreement entered into between a Homeowner and a Service Provider. Opknap does not employ, supervise, or certify Service Providers, and we do not guarantee the quality, safety, legality, or outcome of any services performed.

Any transaction, dispute, or claim arising from a Service Agreement is solely between the Homeowner and the Service Provider. Opknap facilitates the connection but assumes no liability for the actions or omissions of any User.

Section 04

User Accounts

Registration

To access most features of the Platform, you must register an account. You agree to provide accurate, current, and complete information during registration and to keep this information up to date at all times.

Eligibility

You must be at least 18 years of age to create an account. By registering, you confirm that you meet this requirement and have the legal capacity to enter into a binding agreement.

Account Security

You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at info@opknap.co.za if you suspect any unauthorised access to your account. Opknap will not be liable for any loss or damage arising from your failure to secure your credentials.

One Account Per Person

Each individual or business may only maintain one active account per account type (Homeowner or Service Provider) unless Opknap expressly authorises otherwise. Duplicate accounts may be suspended or merged at our discretion.

Account Accuracy

You may not impersonate another person or entity, misrepresent your identity or affiliation, or create an account on behalf of a third party without their explicit consent.

Section 05

Service Provider Terms

Onboarding & Verification

Service Providers must complete the Opknap application process and meet our onboarding requirements before becoming active on the Platform. Opknap reserves the right to approve or reject any application at its sole discretion. Approval does not constitute an endorsement of a Service Provider's qualifications or work quality.

Accurate Profile Information

Service Providers must ensure that their profile information — including service categories, service radius, pricing, qualifications, and contact details — is accurate and kept up to date at all times. Misleading or false profile information may result in immediate suspension.

Quote Obligations

When a Service Provider submits a Quote, they confirm that:

• They are qualified and able to perform the described service;
• The pricing in the Quote is accurate and complete;
• They will honour the Quote if accepted by the Homeowner;
• They will complete the work within the agreed timeframe and to an acceptable standard of quality.

Platform Fees

Service Providers on paid plans are charged a monthly subscription fee as set out in the applicable pricing schedule on the Platform. Opknap reserves the right to adjust fees with 30 days' written notice.

No Circumvention

Service Providers may not solicit or accept payment from a Homeowner outside the Platform for services that originated as a quote request through Opknap, unless otherwise agreed in writing by Opknap. Circumvention of the Platform is a material breach of these Terms.

Section 06

Homeowner Terms

Requesting Quotes

When submitting a quote request, Homeowners must provide accurate and sufficient information to enable Service Providers to assess and price the work. Misleading descriptions may result in invalid quotes and wasted time for all parties.

Accepting Quotes

By accepting a Quote, the Homeowner enters into a Service Agreement with the Service Provider. The Homeowner is responsible for ensuring they have authority over the property at which services are to be performed.

Property Access

Homeowners are responsible for ensuring that the Service Provider has safe and lawful access to the property on the agreed date and time. Unreasonable failure to provide access may entitle the Service Provider to charge a call-out or cancellation fee.

Payment Obligations

Homeowners agree to pay for accepted services in accordance with the accepted Quote. Payment terms are agreed directly between the Homeowner and Service Provider and form part of the Service Agreement. Opknap does not process payments between Homeowners and Service Providers unless a specific integrated payment feature is expressly made available on the Platform.

Section 07

Quotes & Service Agreements

Quote Process

A Quote submitted through the Platform is an offer by the Service Provider. No binding Service Agreement is formed until the Homeowner explicitly accepts the Quote through the Platform.

Quote Validity

Quotes are valid for the period stated by the Service Provider, or if no period is specified, for 14 calendar days from the date of submission. Opknap is not responsible for delays in acceptance that cause a Quote to lapse.

Changes to Scope

Any change to the scope of work after a Quote has been accepted must be agreed to in writing between the Homeowner and Service Provider. Opknap is not liable for disputes arising from unauthorised changes to scope.

Cancellations

Cancellation rights and fees are governed by the terms of the specific Service Agreement between the Homeowner and Service Provider. Opknap encourages both parties to agree cancellation terms clearly before commencing work. Where the Consumer Protection Act applies, Homeowners retain the right to cancel as prescribed by that Act.

Section 08

Payments & Fees

Subscription Fees

Access to certain features of the Platform requires a paid Subscription. Current pricing is displayed on the Platform's pricing page. All fees are quoted in South African Rand (ZAR) and are inclusive of VAT where applicable.

Billing

Subscriptions are billed monthly or annually, depending on the plan selected. Payment is due in advance at the start of each billing cycle. Failure to pay may result in the suspension or downgrade of your account to the free tier.

Free Trial

Where a free trial period is offered, your subscription will automatically continue at the applicable monthly rate at the end of the trial unless you cancel before the trial expires. We will notify you before your trial ends.

Refund Policy

Subscription fees are generally non-refundable except as required by applicable law. If you believe you are entitled to a refund, please contact us at info@opknap.co.za within 14 days of the charge. Opknap will assess requests on a case-by-case basis and reserves the right to issue pro-rated credits at its discretion.

Price Changes

Opknap reserves the right to modify subscription pricing at any time. We will provide at least 30 days' prior written notice of any price increase. Continued use of the Platform after a price change takes effect constitutes acceptance of the new pricing.

Section 09

Prohibited Conduct

You agree not to engage in any of the following on or through the Platform:

• Circumventing the Platform to avoid subscription fees or commission obligations;
• Submitting false, misleading, or fraudulent information in your profile, quotes, or service requests;
• Posting reviews or ratings that are false, fabricated, or incentivised without disclosure;
• Harassing, threatening, or engaging in discriminatory conduct towards other Users;
• Using the Platform to distribute spam, unsolicited marketing, or malicious software;
• Attempting to gain unauthorised access to other users' accounts or data;
• Scraping, reverse engineering, or otherwise extracting data from the Platform without our consent;
• Using the Platform for any unlawful purpose or in violation of applicable South African law;
• Creating multiple accounts to circumvent account restrictions or bans.

Violation of these prohibitions may result in immediate account suspension or termination and may expose you to civil or criminal liability.

Section 10

Intellectual Property

Opknap's IP

The Platform, including its design, software, trademarks, logos, and all content created by Opknap, is owned by or licensed to Opknap and is protected by South African and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Opknap-owned content without our prior written consent.

User Content

You retain ownership of any Content you submit to the Platform (such as property photos, task descriptions, or documents). By submitting Content, you grant Opknap a non-exclusive, royalty-free, worldwide licence to store, display, and process that Content solely for the purpose of providing the Platform's services to you.

You warrant that you have the right to submit any Content you upload, and that such Content does not infringe the rights of any third party.

Feedback

If you provide feedback, ideas, or suggestions about the Platform, you grant Opknap the right to use that feedback without restriction or compensation to you.

Section 11

Privacy & POPIA Compliance

Opknap is committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA"). Our collection, use, storage, and sharing of personal information is governed by our Privacy Policy, which forms part of this Agreement.

By using the Platform, you consent to the processing of your personal information as described in our Privacy Policy. You have the right to access, correct, or request the deletion of your personal information held by us, subject to applicable legal retention requirements.

Opknap will not sell your personal information to third parties. We may share information with service partners strictly as necessary to operate the Platform, and only subject to appropriate data processing agreements.

Section 12

Consumer Protection Act

To the extent that the Consumer Protection Act 68 of 2008 ("CPA") applies to your use of the Platform, nothing in these Terms is intended to limit, restrict, or exclude any right you may have under the CPA. In the event of a conflict between these Terms and a mandatory provision of the CPA, the CPA shall prevail.

Under the CPA, you have the right to, among other things:

• Receive goods and services that are safe and of acceptable quality;
• Be given accurate and complete information before making a purchase decision;
• Cancel certain agreements within a cooling-off period;
• Lodge complaints with the National Consumer Commission.

If you have a complaint about a Service Provider's conduct that cannot be resolved through the Platform, you may contact the National Consumer Commission at 0860 266 786 or visit www.thencc.org.za.

Section 13

Disclaimers & Limitation of Liability

Platform Provided "As Is"

The Platform is provided on an "as is" and "as available" basis. Opknap makes no representations or warranties of any kind, express or implied, regarding the Platform's reliability, accuracy, availability, or fitness for a particular purpose, to the fullest extent permitted by law.

No Guarantee of Service Quality

Opknap does not guarantee the quality, safety, competency, or legality of services performed by Service Providers. All reviews and ratings on the Platform are user-generated and do not constitute an endorsement by Opknap.

Limitation of Liability

To the maximum extent permitted by applicable law, Opknap's total liability to you for any claim arising out of or relating to your use of the Platform shall not exceed the total subscription fees you paid to Opknap in the three months preceding the event giving rise to the claim.

Opknap shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profit, loss of data, or property damage, arising from your use of the Platform or any services booked through it.

Downtime

Opknap does not warrant uninterrupted or error-free access to the Platform. We reserve the right to perform maintenance, upgrades, or modifications at any time, and we will make reasonable efforts to notify users in advance of planned downtime.

Section 14

Indemnification

You agree to indemnify, defend, and hold harmless Opknap and its directors, employees, agents, and successors from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Platform in violation of these Terms;
• Any Content you submit, post, or make available on the Platform;
• Your interaction with other Users, including any services performed or received;
• Your breach of any applicable law or third-party right.

Opknap reserves the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate with Opknap's defence of such claims at your own expense.

Section 15

Termination

Termination by You

You may close your account at any time by contacting us at info@opknap.co.za or through the account settings on the Platform. Termination of your account does not entitle you to a refund of any prepaid subscription fees, except as required by law.

Termination by Opknap

Opknap may suspend or terminate your account at any time, with or without notice, if we reasonably believe that:

• You have violated any provision of these Terms;
• Your conduct poses a risk to other Users, Opknap, or third parties;
• Your account is being used fraudulently or for unlawful purposes;
• Your subscription payment is overdue and has not been remedied within 7 days of notice.

Effect of Termination

Upon termination, your right to access the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination (including intellectual property, indemnification, and limitation of liability clauses) shall continue to apply.

Section 16

Dispute Resolution

Between Users

Opknap encourages Homeowners and Service Providers to resolve disputes directly in good faith. The Platform may offer reporting and flagging tools to assist, but Opknap is under no obligation to mediate or resolve disputes between Users.

Between You and Opknap

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved as follows:

1. Good faith negotiation: The parties shall first attempt to resolve the matter amicably through written correspondence within 30 days of notice of the dispute.
2. Mediation: If negotiation fails, either party may refer the matter to mediation under the auspices of the Arbitration Foundation of Southern Africa (AFSA) or a mutually agreed mediator. The costs of mediation shall be shared equally unless otherwise ordered.
3. Litigation: If mediation is unsuccessful, either party may approach a court of competent jurisdiction as set out in Section 17 below.

Section 17

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. You agree to submit to the exclusive jurisdiction of the courts of the Western Cape High Court, Cape Town, for any dispute that cannot be resolved through the process set out in Section 16.

If any provision of these Terms is found to be unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Section 18

Amendments

Opknap reserves the right to update or amend these Terms at any time. Where changes are material, we will provide at least 30 days' prior notice via email or a prominent notice on the Platform before the updated Terms take effect.

Your continued use of the Platform after the effective date of any updated Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must discontinue use of the Platform and close your account.

The current version of these Terms is always available at opknap.co.za/terms. We recommend that you save or print a copy for your records.

Section 19

Contact Us

If you have any questions, concerns, or requests relating to these Terms, please contact us: