Marketplace Terms and Conditions

PLEASE READ THE MARKETPLACE USER AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

This Marketplace User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and One Circle HR PTY LTD (“One Circle,” “we,” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of the marketplace on www.onecirclehr.com (the “Marketplace”) and Site Marketplace Services (the “Marketplace Services”).

Subject to the conditions set forth herein, One Circle may, at its sole discretion, amend this Agreement at any time by posting a revised version on the Site. One Circle will endeavour to provide notice of any amendment to this Agreement by posting an updated version of this Agreement on the Site, and/or sending you notice by email. If an amendment to this Agreement includes an increase to Fees charged by One Circle, One Circle will provide at least 30 days’ advance notice of the change but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Agreement will take effect on the noted effective date (each, as applicable, the “Effective Date”).

YOU UNDERSTAND THAT BY USING THE MARKETPLACE OR MARKETPLACE SERVICES FROM THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE.

IF YOU AGREE TO THE TERMS AND CONDITIONS ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THE AGREEMENT AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY TO THE AGREEMENT.

  • Only registered users may buy and sell solutions on One Circle as part of the Marketplace Services. Registration is free unless specified otherwise.
  • The Consultant is either an independent consultant, freelancer, or a boutique consulting company seeking to sell its Solutions and Services and make them available to Clients.
  • Prices of Solutions and Services on One Circle are determined by the Consultant.
  • Prices vary depending on classification as Basic Solution, Standard Solution, or Premium Solution.
  • Some solutions may require the Consultant to coordinate time with the Client to deliver the Solution.
  • Clients pay One Circle in advance to access a marketplace Solution (see Payment Terms).
  • Solutions are purchased through the Add To Basket button found on a Consultant’s Solution page.
  • For fees and payments please read the Payment Terms.
  • Consultants must fulfil their orders and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Consultant’s reputation and status.
  • Consultants gain account statuses (Levels) based on their performance and reputation.
  • Users may not offer or accept payments using any method other than placing an order through onecirclehr.com (the “Platform”).
  • When purchasing a Solution, Clients are granted rights to use the delivered work, unless otherwise specified by the Consultant on their Solution page. See our “Ownership” section below for more information.

We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

Users undertake to comply with One Circle’s Code of Conduct, which are a set of behaviour rules and guidelines, applicable to the One Circle community and marketplace in addition to these Terms and Conditions, as updated from time to time.

  1. Basics
    • Consultants create Packaged Solutions to sell on the Platform to allow Clients to purchase their Solutions and Services in a convenient and cost-efficient way.
    • Consultants may also offer Custom Offers to Clients in addition to their Packaged Solutions and Services.
    • Each Solution sold and successfully completed, accredits the related Consultant’s account with 70% of the purchase amount. The Consultant will be required to present an invoice to Once Circle for this amount.
    • One Circle credits Consultant accounts after an order is completed. See our “Orders” section below for a definition of a Completed Order.
    • For more information about receiving payments, fees and taxes see the Payment Terms.
    • Consultants may not promote their Solutions or any One Circle content via the Google Ads platform. Consultants can promote their solutions on the Platform though their own Social Media accounts.
    • The Consultant’s rating is calculated based on the order reviews posted by Clients. High ratings allow Consultants to obtain advanced Consultant levels (see Levels below). In certain cases, low ratings may lead to the suspension of the Consultant’s account.
    • For security concerns, One Circle may temporarily disable a Consultant’s ability to withdraw revenue to prevent fraudulent or illicit activity due to security issues, improper behaviour reported by other users, or associating multiple One Circle accounts to a single withdrawal provider.
  2. Solutions
    Consultants can post a select amount of active Solutions based on their Level status.

    • 3 Solutions for Consultants without a Level status (0 Stars).
    • 6 Solutions for Level 1 Consultants (2 Stars).
    • 12 Solutions for Level 2 Consultants (3 Stars).
    • 18 Solutions for Level 3 Consultants (4 Stars).
    • 20 Solutions for Top Rated Consultants (5 Stars).

    Solutions posted on the Platform is User Generated Content.

    Solutions and/or users may be removed from the Platform by One Circle for violations of these Terms of Service and/or our Code of Conduct, which may include (but are not limited to) the following violations and/or materials:

    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims found in this document.
    • Adult oriented services, Pornographic, Inappropriate or obscene services
    • Promotion and/or incitement of hate, violence, crime, intolerance, disrespect, and/or misinformation
    • Spam, nonsense, or deceptive services presented as Solutions
    • Solutions misleading to Clients or others
    • Offering to prepare academic works on behalf of Clients
    • Services that extend beyond 30 days of service duration
    • Low-quality Solutions rated over a period of time
    • Promotion of One Circle and/or Solutions through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

    Solutions that are removed for violations mentioned above, may result in the suspension of the Consultant’s account. Solutions that are removed for violations are not eligible to be restored or edited.

    Solutions may be removed from the Search feature due to poor performance and/or user misconduct.

    Solutions may include pre-approved website URLs contained within the Solutions description and requirements box. Solutions containing websites promoting content, which violates One Circle’s Terms of Service and/or Code of Conduct, will be removed.

    Solutions are required to have an appropriate Solution description related to the service offered. An option to upload Solutions description may be made available to Consultants. Consultants must deliver the same quality of service as shown on their Solution’s description. Recurring deliveries that don’t match the quality shown on the Solution description may lead to the Consultant’s account losing Consultant status or becoming permanently disabled.

    Solutions may contain an approved Solution Video approved by One Circle.

    Statements on the Solutions Page that undermine or circumvent these Terms of Service is prohibited.

    Eligible Solutions in select Categories may set up Solutions Packages to offer their services in structured formats with multiple price points for the selected Solution.

  3. Levels
    One Circle helps Consultants leverage their expertise and seeks to empower top performing consultants with helpful tools to grow their business. Consultants who invest in self-promotion may achieve greater customer reach and satisfaction. If Consultants maintain good delivery, high quality and ratings, One Circle may reward them with new statuses, special opportunities, benefits, and tools that come with it.

    Consultants gain account Levels based on their performance and ratings.

    The current Levels are: Level 1, 2, 3 and Top Rated.

    Consultants who cannot maintain high-quality service, drop ratings, or stop timely delivery risk dropping Levels

    Higher Levels provide additional benefits, including the ability to offer more Solutions and for higher prices.

  4. Top Rated Consultants
    Top Rated Consultants are selected by One Circle based on a variety of criteria. Top Rated Consultants gain access to more extensive features than previous levels, including VIP support.

    Top Rated Consultants must maintain high quality service, ratings, timely delivery, retention rate and adherence to Terms of Service and/or our Code of Conduct to retain status as Top-Rated Consultants.

  1. Basics
    • Clients may not offer direct payments to Consultants using payment systems outside of the Platform.
    • Clients may request a specific Solution or Service from the ‘Can’t find what you are looking for?’ Solutions and Services requested on the Platform must be a bona fide solution and/or Service. Users who use the ‘Can’t find what you are looking for?’ feature for any purpose other than looking for bona fide solutions and services may face suspension from the Platform.
    • Please refer to the Payment Terms for making Payments through the One Circle platform and to learn about fees and taxes.
    • Clients can opt for the Custom Offer which addresses specific Client requirements.
    • Clients may not offer Consultants to pay, or make payment, using any method other than through the Platform. Please report any alternative payment method requests and/or offers to Customer Support here.
  1. Basics
    • Once payment is confirmed, Client will receive an email with access to the paid for Solution or description of how to access the Offer.
    • Consultants deliver completed files and/or work according to the service advertised on their Solutions Page.
    • An Offer will be automatically marked as Complete if no request for follow-up was submitted within 3 days after the purchase.
  2. Handling Offers
    • When a Client pays for an Offer, the Consultant is notified by email.
    • Consultants are required to meet the delivery time they specified when creating their Solutions. Failing to do so will allow the Client to request cancelation of the Offer and this may harm the Consultant’s status.
    • Consultants must notify One Circle that the offer was completed to mark the Offer as Delivered.
    • Users are responsible for scanning all transferred files for viruses and malware. One Circle will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  3. Reviews
    • Feedback reviews provided by Clients while completing an Order are an essential part of One Circle’s Marketplace rating system. Reviews demonstrate the Client’s overall experience with the Consultants, their Solutions and Service. Clients are encouraged to communicate any concerns experienced with regards to the Service provided by the Consultant.
    • Leaving a Client’s feedback is a basic prerogative of a Client. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Code of conduct.
    • To prevent any misuse of the Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Platform from users within our Community. Purchases arranged, determined to artificially enhance Consultant ratings, or to abuse the Platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
    • Feedback comments given by Clients are publicly displayed on a Consultant’s Solution page.
    • Withholding the delivery of services, files, or information required to complete the service with the intent to gain favourable reviews or additional services is prohibited.
    • Responding and posting a review: Once work is delivered the Client has three days to respond. If no response is provided within the response period, the Offer will be considered completed.
    • Consultants may not solicit the removal of feedback reviews from their Clients through mutual cancellations.

Clients and Consultants who are unable to resolve their conflicts, or  encounter non-permitted usage on the Site,  can contact Customer Support for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to the Platform by our users (Clients and Consultants) is User Generated Content.

One Circle does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Platform, Consultants  represent and warrant that they  own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any policies and/or terms of service. All users should report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

One Circle is not responsible for the content, quality or the level of service provided by the Consultants, regardless of their level on the platform and provides no warranty with respect to the Solutions, their delivery, any communications between Clients and Consultants. Users must utilise the rating system, the community and common sense in choosing appropriate Solutions and Services.

By offering a Solution or Service, the Consultant undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the Solution or Service that is offered on the Platform. Consultants advertising online their Solutions and Services must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Solution or Service and may lead to the suspension of Consultant’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement or trademark infringement – please see Intellectual Property Claims which forms an integral part of these Terms of Service. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership and limitations: When purchasing a Solution or Service on the Platform, unless clearly stated otherwise on the Consultant’s Solution page/description, when the work is delivered, and subject to payment, the Client is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Consultant, and the Consultant waives any and all moral rights therein with the exception of acknowledgement as author. Transfer and assignment of intellectual property to the Client shall be subject to full payment for the Solution and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as customisation of the Solution, custom designed workshop, etc.), the delivered work shall be the exclusive property of Client, and Consultant assigns all rights, title and interest in the delivered work.

Furthermore, users (both Clients and Consultants) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to the Platform may be used by One Circle for no consideration for marketing and/or other purposes.

In no event will One Circle, its licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with the use, or inability to use, the Platform, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

  1. Reporting Claims of Copyright Infringement
    The solutions sold on the platform are User Generated Content. One Circle does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. One Circle will look into the reported violations and remove or disable content shown to be violating third party rights.

    To allow us to review your report promptly and effectively, a copyright infringement notice (“Notice”) should include the following:

    • Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to.
    • Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered.
    • Proof of your copyright’s ownership, such as the registration number or a copy of the registration certificate.
    • A short description of how our user(s) allegedly infringe(s) your copyright(s).
    • Clear reference to the solution you claim is infringing and which you are requesting to be removed, for example, the solution url link, etc.
    • Your complete name, address, email address, and telephone number.
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
    • Your electronic or physical signature.

    You can send your Notice to support@onecirclehr.com.

    In cases where sufficient proof of infringement is provided, the platform may remove or suspend the reported solution prior to receiving the user’s response.

  2. Counter-Notification Procedure
    If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting written notification to support@onecirclehr.com. The Counter-Notice should detail the following:

    • An identification of the material that has been removed or to which access has been disabled.
    • Adequate information by which we can contact you (including your name, postal address, telephone number and, e-mail address).
    • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
    • Your physical or electronic signature.
  3. Trademark Infringement
    The solutions sold on the platform are User Generated Content. One Circle does not check user uploaded/created content for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark or a related exclusive right, you should follow the process below. One Circle will look into the reported violations and remove or disable content shown to be violating third party trademark rights.

    To allow us to review your report promptly and effectively, a trademark infringement notice (“Notice”) should include the following:

    • Identification of your trademarked work and what is protected under the trademark(s) that you are referring to.
    • Your trademark certificate(s)/designation(s) and the type, e.g., registered or unregistered.
    • Proof of your trademark ownership, such as the registration number or a copy of the registration certificate.
    • A short description of how our user(s) allegedly infringe(s) your trademark(s).
    • Clear reference to the solution you claim is infringing and which you are requesting to be removed, for example, the solution url link, etc.
    • Your complete name, address, email address, and telephone number.
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
    • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the trademark owner or the owner of an exclusive right that is being infringed.
    • Your electronic or physical signature.

    You can send your Notice to support@onecirclehr.com.

    In cases where sufficient proof of infringement is provided, the platform may remove or suspend the reported solution prior to receiving the user’s response.

  4. Repeat Infringers
    It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Below we have defined some (but not necessary all) of the capitalized terms that appear in the Marketplace Terms and Conditions.

“Custom Solutions’ are customised Solutions that a Consultant can create in response to specific requirements of a Client.

“Solutions” are customisable playbooks, handbooks, workshops, interventions, etc that are packaged in a way that makes it usable by a wider range of Clients.

“Custom Offer” is an already customised Solution offered by the Consultant on the Solution Page that could be paid for by the Client.

“Packaged Solutions” allow Consultants to offer solutions and Services in different formats and prices.

“Solution Page” is where the Consultant can describe their Solution and the Solution’s terms, and the Client can purchase the Solution and create an order.

“Solution / Solutions” are services, in the format of document, videos, audios or personal interventions, offered on One Circle.

“Services” are personal interventions offered by the Consultant as part of their Packaged Solutions for purposes of customisation of the offer.

“Consultants” are users who offer Solutions and perform services through the One Circle Marketplace and Site.

“Registered Users” are users who registered an account with a username and password on the One Circle platform.

“Agreement” means this User Agreement being a binding contract between a User and One Circle allowing the User to use the Site on the terms and conditions as set out herein.

“Client/s” means a business, company, or other corporate entity registered as a Client on the Site with an Account, seeking to engage Consultants under Service Contracts for Consulting Services or buy Solutions and Services on the Marketplace side of One Circle.

“Client Account” means an Account opened and registered on the Site by a Client, or on behalf of a Client, in order to procure bespoke and tailored human resources consulting services from a Consultant via the Site or buy basic or custom Solutions off the marketplace.

“Confidential Information” means any material or information provided to, or created by, a User to evaluate a Project or the suitability of another User for the Project, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that is known to the public or that: (a) is generally known by third parties as a result of no act or omission of Consultant or Client; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.

“Consultant/s” means an individual operating as an independent contractor, or business, company, or other corporate entity registered as a Consultant on the Site with an Account, who has the experience and qualifications to provide Consulting Services under Service Contracts to Clients.

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

“One Circle” means One Circle HR Pty Ltd, a company incorporated in, and in accordance with the laws of, the Republic of South Africa.

“Site” or “Platform” means the Once Circle website located at  www.onecirclehr.com.

“Site Services” means the service of providing Users access to the Site to enable Users to enter into agreements with Clients and Contractors or to buy Solutions and Services off the marketplace.

“Site Visitors” means visitors who visit/browse the Site and who are not necessarily Users.

“User” means Client and/or Consultant and/or Consulting Company as the context requires.

“User Profiles” means a profile of a User developed by Once Circle and made available on the Site.