Terms & Conditions

Introduction

The Gearsh (Pty) Ltd operates a digital marketplace connecting Clients with independent Artists and other creative service providers. Gearsh provides discovery, booking requests and a payment journey where enabled. The Artist provides the underlying creative service. This draft must be reviewed and approved before it is presented as binding terms for paid bookings.

Definitions

"Platform" refers to the Gearsh website, web application, and mobile application. "Artist" refers to an independent individual, group, studio or other creative service provider offering services through the Platform. "Client" refers to any individual or organisation booking services through the Platform. "Booking" refers to a confirmed service agreement between an Artist and a Client. "Artist Subtotal" means the price for the selected Artist service before Gearsh's Client fee. "Gearsh Fees" means the Artist fee and Client fee described below.

Registration & Account Rules

Users must provide accurate, truthful information when creating an account. Each user may maintain only one account. Users are responsible for maintaining the confidentiality of their login credentials. Gearsh reserves the right to suspend or terminate accounts that violate these terms.

User Conduct & Platform Policy

All users agree to conduct themselves professionally and respectfully. Prohibited conduct includes:

• Harassment, discrimination, or abusive behaviour
• Fraudulent listings, fake reviews, or misrepresentation
• Circumventing the platform's payment system
• Uploading harmful, illegal, or infringing content

Rights of Gearsh & Termination

Gearsh reserves the right to modify, suspend, or discontinue any part of the Platform at any time. Gearsh may terminate or suspend any user account for violations of these terms, at its sole discretion.

Financial Terms & Payments

Where the booking checkout is enabled, an Artist must accept a booking request and confirm a positive price before the Client can pay through PayFast. A booking is confirmed only after Gearsh receives and verifies payment confirmation. A payment screen or return page alone is not proof of payment.

• Artist Subtotal: the agreed service price before Gearsh fees.
• Client fee: 12.6% of the Artist Subtotal, added to the amount the Client pays.
• Artist fee: 4% of the Artist Subtotal, deducted from the Artist's calculated share.
• Combined Gearsh fees: 16.6% of the Artist Subtotal where both fees apply. For a R1,000 Artist Subtotal, the Client pays R1,126 and the Artist's calculated share is R960, before any refund, chargeback or other adjustment.
• Payment processing: the checkout does not add a separate PayFast processing charge to the Client or Artist. Gearsh bears its merchant processing costs.
• Artist deposit: V1 does not charge the Artist a separate deposit.

The calculated Artist share is not a completed payout. Gearsh receives the Client payment through its PayFast merchant account. After the booking is completed, any dispute or refund is resolved, and the funds have settled to Gearsh, Gearsh sends the payable Artist share to the Artist's verified bank account. Gearsh records the transfer reference and reconciles it to its bank statement. Bank processing times may vary. The current platform does not automatically transfer Artist funds or operate an automated escrow release.

Cancellations & Refunds

Before payment, either party may ask to cancel a request. After payment, a status change in the Platform does not itself issue a refund. Contact [email protected] with the booking reference, reason and supporting information. Gearsh will review the agreed booking terms, the circumstances, applicable consumer law and the payment record, then communicate the proposed resolution and process any approved refund through an available verified method. Any cancellation charge must be reasonable in the circumstances and comply with applicable law. A refund is complete only when the payment provider confirms it; bank receipt times can vary. Do not assume that a stated percentage of the price or either Gearsh fee is always non-refundable.

Dispute Resolution

Report a payment, performance, cancellation or delivery dispute promptly to [email protected] and include the booking reference and available evidence. Gearsh may review booking details, messages and information supplied by both parties and may refer payment issues to the processor. Marking a booking completed does not prove that the Artist has been paid. The Platform does not currently enforce an automatic 36-hour dispute window, freeze payouts, or issue split refunds. Gearsh will communicate the handling of each paid dispute and any proposed refund or payout after reviewing the facts and applicable law. Nothing here limits a right to seek a remedy under South African law.

Safety & Liability

Artists are independent service providers and are responsible for the quality, safety, legality and delivery of their services. Gearsh provides marketplace and transaction infrastructure and does not itself provide the underlying creative service. Nothing in these Terms removes any liability or consumer right that cannot lawfully be excluded or limited.

Artist Obligations

Artists must deliver services as described in their profile and Booking Service Agreement. Artists must maintain professional conduct at all events and engagements. Artists are responsible for their own equipment, transport, insurance and applicable taxes or statutory obligations. Artists must honour confirmed bookings unless cancellation is permitted under the applicable terms.

Client Obligations

Clients must provide accurate event details and requirements. Clients must honour confirmed bookings and make timely payments. Clients are responsible for providing a safe working environment for Artists.

Amendments

Gearsh reserves the right to update these Terms & Conditions at any time. Users will be notified of material changes via email or platform notification. Continued use of the Platform following any changes constitutes acceptance of the revised terms.

Contact

For questions or concerns about these Terms & Conditions, please contact us at [email protected].