Terms of Service
Effective Date: 1 January 2026
Last Updated: 1 January 2026
Version: 1.0
Please read these Terms of Service carefully before using Problaq Creators. By registering an account or using the platform, you agree to be bound by these terms. If you do not agree, you may not use the platform.
1 About Problaq Creators
Problaq Creators (Pty) Ltd ("Problaq", "we", "us", or "our") operates an online freelance marketplace at www.problaq.co.za that connects independent creative professionals ("Freelancers") with individuals and businesses seeking creative services ("Clients"). Together, Freelancers and Clients are referred to as "Users".
Problaq is incorporated and operates under the laws of the Republic of South Africa.
2 Eligibility
To use Problaq, you must:
- Be at least 18 years of age;
- Be a South African resident or registered business entity, or be legally authorised to transact in South Africa;
- Provide accurate and truthful registration information;
- Not be prohibited from using the platform under any applicable law.
By creating an account, you confirm that you meet all of the above requirements.
3 User Accounts
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at support@problaq.co.za if you suspect any unauthorised access.
Problaq reserves the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are fraudulent.
4 Freelancer Obligations
As a Freelancer on Problaq, you agree to:
- Provide accurate information about your skills, experience, and portfolio;
- Complete identity verification as required by Problaq;
- Deliver work that matches the agreed brief, quality standard, and deadline;
- Communicate professionally and promptly with Clients;
- Not solicit Clients to pay outside the Problaq platform;
- Hold any required licences or qualifications for specialised services you offer;
- Comply with all applicable South African tax obligations — Problaq does not withhold tax on your behalf.
5 Client Obligations
As a Client on Problaq, you agree to:
- Post projects that are lawful, accurate, and clearly described;
- Fund escrow before work begins, as required by the platform;
- Provide timely feedback and approve or dispute deliverables within the specified review window;
- Not solicit Freelancers to work outside the Problaq platform to circumvent fees;
- Respect Freelancers' intellectual property rights until full payment is released.
6 Escrow and Payments
Problaq's payment workflow is designed to protect both parties by confirming project funds before work starts and releasing payment after the Client approves completed work.
- Funding: Clients must fund or confirm the agreed project amount before a Freelancer begins work.
- Release: Funds are released to the Freelancer upon Client approval of the completed deliverable.
- Currency: South African projects are priced in South African Rand (ZAR). International escrow transactions may be processed in USD or another supported provider currency, and users are responsible for any bank or exchange-rate charges.
- Platform Fee: Problaq charges a service fee on each transaction. The applicable fee rate is displayed at the time of project agreement.
- Refunds: If a project is cancelled before work begins, the Client's escrow deposit is refunded minus any processing fees. Partial refunds may apply where partial work has been delivered.
- Disputes: In the event of a payment dispute, Problaq's dispute resolution process applies (see Section 7).
Attempting to transact outside the Problaq escrow system is a violation of these Terms and may result in immediate account suspension without refund.
7 Dispute Resolution
If a Client and Freelancer cannot resolve a dispute privately, either party may raise a formal dispute through the Problaq platform within 14 days of the delivery deadline.
Problaq will review all evidence submitted by both parties and make a final determination within 5–10 business days. Problaq's decision on disputes is final and binding for the release or return of escrow funds.
Problaq acts as a neutral arbitrator and is not liable for the outcome of any dispute between Users.
8 Prohibited Conduct
Users may not use Problaq to:
- Post or deliver illegal, defamatory, or harmful content;
- Infringe any intellectual property rights;
- Harass, threaten, or discriminate against other Users;
- Create fake profiles, reviews, or projects;
- Introduce malware, viruses, or harmful code;
- Circumvent platform fees or escrow protections;
- Engage in money laundering or fraudulent financial activity.
9 Intellectual Property
Upon full payment and release of escrow funds, the Client receives full ownership of the deliverables produced under the project, unless otherwise agreed in writing between the parties.
Freelancers retain ownership of any pre-existing tools, frameworks, or materials used in the creation of deliverables, unless explicitly agreed otherwise.
Problaq retains all rights to the platform's branding, design, code, and content.
10 Limitation of Liability
Problaq provides the platform on an "as is" basis. To the maximum extent permitted by South African law, Problaq is not liable for:
- The quality, accuracy, or legality of any services posted or delivered by Users;
- Any loss of profits, revenue, data, or business arising from use of the platform;
- Any disputes between Clients and Freelancers;
- Any downtime, data loss, or technical errors.
11 Termination
Problaq may suspend or terminate your account at any time, with or without notice, for conduct that violates these Terms or that we determine is harmful to other Users or the platform.
You may close your account at any time by contacting us at support@problaq.co.za. Any pending escrow balances will be processed before closure.
12 Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the jurisdiction of the South African courts.
13 Changes to These Terms
We may update these Terms from time to time. We will notify registered Users by email at least 14 days before any material changes take effect. Continued use of the platform after changes constitutes acceptance of the updated Terms.
Privacy Policy
Effective Date: 1 January 2026
Last Updated: 1 January 2026
Version: 1.0
Problaq Creators is committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and other applicable South African data protection laws. This policy explains what we collect, why, and how we protect it.
1 Who We Are (Responsible Party)
Problaq Creators (Pty) Ltd is the Responsible Party for personal information collected through www.problaq.co.za and is registered and operating under the laws of the Republic of South Africa.
Our Information Officer can be contacted at: privacy@problaq.co.za
2 Information We Collect
We collect the following categories of personal information:
- Account information: Full name, email address, phone number, and password (encrypted);
- Identity verification: South African ID number or passport number, and supporting documents (required for Freelancers);
- Profile information: Profile photo, bio, skills, portfolio items, and location (province);
- Payment information: Bank account details or payment method details for receiving or making payments — processed securely through our payment provider;
- Transaction data: Project history, escrow records, payment receipts, and invoices;
- Communications: Messages sent between Users on the platform, and communications with Problaq support;
- Technical data: IP address, browser type, device information, and usage logs collected automatically when you use the platform.
3 Why We Process Your Information
We process your personal information for the following lawful purposes:
- To create and manage your account;
- To verify your identity and prevent fraud;
- To facilitate transactions, escrow payments, and dispute resolution;
- To comply with South African legal and tax obligations (including SARS reporting requirements);
- To communicate with you about your account, projects, and platform updates;
- To improve and maintain the security and performance of the platform;
- To send you relevant marketing communications (only with your consent, and you may opt out at any time).
4 POPIA Compliance
Problaq processes personal information in compliance with the Protection of Personal Information Act 4 of 2013 (POPIA). We are registered with the Information Regulator of South Africa.
Under POPIA, you have the right to:
- Access the personal information we hold about you;
- Correct any inaccurate or outdated information;
- Delete your personal information (subject to our legal retention obligations);
- Object to the processing of your personal information;
- Withdraw consent to marketing communications at any time;
- Lodge a complaint with the Information Regulator at www.inforegulator.org.za.
To exercise any of these rights, contact us at privacy@problaq.co.za. We will respond within 30 days.
5 Sharing Your Information
We do not sell your personal information. We may share it only in the following circumstances:
- Between Users: Your public profile (name, skills, portfolio, and ratings) is visible to other registered Users;
- Payment processors: We share necessary payment details with our secure payment provider to process escrow transactions;
- Identity verification providers: We may use third-party services to verify your identity documents;
- Legal compliance: We may disclose information to comply with court orders, SARS requirements, or other legal obligations;
- Service providers: Trusted third-party providers (e.g. email, hosting, analytics) who process data on our behalf under data processing agreements.
All third-party providers are required to maintain appropriate security standards and may not use your information for any other purpose.
6 Data Retention
We retain your personal information for as long as your account is active, and for a minimum of 5 years after account closure to comply with South African financial and tax record-keeping requirements.
You may request deletion of your account and associated data at any time. Note that transaction records required by law will be retained for the legally required period regardless of account closure.
7 Data Security
We implement appropriate technical and organisational security measures to protect your personal information, including:
- SSL/TLS encryption for all data transmitted through the platform;
- Encrypted storage of sensitive data including passwords and identity documents;
- Restricted access to personal data on a need-to-know basis;
- Regular security assessments and monitoring.
In the event of a data breach that may affect your rights, we will notify you and the Information Regulator within 72 hours of becoming aware, as required by POPIA.
8 Cookies and Tracking
Our website uses cookies and similar tracking technologies to:
- Keep you logged in during your session;
- Remember your preferences;
- Analyse platform usage and improve performance.
You may disable cookies through your browser settings, but this may affect the functionality of the platform.
9 Children's Privacy
Problaq is not intended for persons under the age of 18. We do not knowingly collect personal information from minors. If you believe a minor has registered an account, please contact us immediately at privacy@problaq.co.za and we will take prompt action.
10 Cross-Border Transfers
Your data is primarily stored and processed in South Africa. Where we use international service providers (such as cloud hosting or email services), we ensure that adequate data protection measures are in place in line with POPIA requirements.
11 Changes to This Policy
We may update this Privacy Policy from time to time. We will notify you by email of any material changes at least 14 days before they take effect. The current version will always be available at www.problaq.co.za/privacy.