Terms & Conditions for Organisations

For organisations that hire, book or engage people through Kivuko

Version 1.3

Effective date 30 October 2026

Currency South African Rand (ZAR)

1.1.   These Terms are the agreement between SATalent1st (Pty) Ltd (Reg. 2025/936338/07) and ProTouch Sports (Pty) Limited (Reg. 2015/151949/07), together trading as Kivuko ("Kivuko" or "we"), and the organisation that accepts them ("you"). They include Schedule 1. Either company may sign, invoice and give notices for Kivuko, and both are bound.

1.2.   Accepting. You accept these Terms by ticking the acceptance box on the Kivuko platform, or by signing the acceptance page where we ask you to. The person accepting confirms that they may bind your organisation. If you ask us to start before you accept and we do, these Terms apply to that work.

1.3.   What they cover. (a) Placements: direct role postings and athlete career-transition placements. (b) Athlete engagements: endorsements, ambassador programmes, speaking, appearances, panels, youth activations (subject to clause 7.3) and access to athlete profiles. (c) Event workforce: registering, verifying and scoring the people for your event, so you can make your own hiring decisions. (d) VIP entertainment: athletes hosting or entertaining your guests at your event, under clause 7.4. Any other service needs a separate written agreement.

1.4.   Words we use. A "person" is any candidate, athlete or workforce member we introduce to you. An "introduction" is us giving you information that identifies a person, by any means. The "Placement Fee" is the fee in Schedule 1 for a placement. For a permanent role it is a percentage of the person's first-year package (salary plus benefits). For a contract, freelance or project role it is a percentage of the total fees payable to the person under the engagement. If the engagement runs longer than 12 months, or has no fixed end date, we use the fees payable for the first 12 months.

2.1.   What we do. Kivuko is a sport-careers marketplace for Africa and the Gulf. We register people, verify them, score how well they match your role or brief, introduce them to you and help you conclude the engagement.

2.2.   What you do. You decide whom to hire or engage, and you interview, contract, pay and manage them. You remain responsible for being satisfied that a person is suitable and may lawfully work for you. Our checks support your decision. They do not replace it.

2.3.   What we do not do. We do not employ, engage, pay or manage anyone, run your event, or act as an employer or labour broker. We do not guarantee a person's performance, availability or continued engagement, except through the guarantee in clause 5.

2.4.   Athletes. Your agreement with an athlete is between you and the athlete. We broker the deal but are not a party to it.

3.1.   Each profile shows which checks have been completed, such as identity or credentials confirmed with the issuer. We do not call a person verified for a check that has not been completed. For event workforce we also run the identity and background checks agreed for that event. Background checks, including criminal record checks, are run only with the person's explicit, separate consent and through an accredited provider. Criminal record information is special personal information under section 26 of POPIA. Where a permanent role calls for criminal record or other background checks, we run them only once the candidate is on your shortlist. We share with you only the result you need for your decision, such as clear or not clear, unless the person consents to more.

3.2.   The Match Readiness Score and band are a guide to how well a person matches a role. They are not a promise of success. Our team reviews matches, and you make the final decision. We take reasonable care, but we rely partly on information from people and issuers and cannot guarantee that every detail is complete.

4.1.   Registering on Kivuko is free. You pay only the fees in Schedule 1 for the services you use. They are in South African Rand and exclude VAT, which is added where applicable. Pay as shown on the invoice.

4.2.   Placements. A Placement Fee is earned when the candidate accepts your offer, because our work is complete at that point. We invoice then and payment is due 30 days from the invoice date. Clause 6 applies if you withdraw the offer after it is accepted.

4.3.   Event workforce. We invoice when the event workforce package is confirmed. It is payable 7 days before the event or start date, or on confirmation if that is later.

4.4.   Athlete engagements. These are separate from the event workforce package.

(a)   Endorsements. Our fee is earned when you and the athlete conclude the deal. We invoice then, and payment is due 30 days from the invoice date.

(b)   Ambassador programmes. Our fee is earned when you and the athlete conclude the programme. We invoice at the start of each programme year, and payment is due 30 days from the invoice date.

(c)   Speaking, appearances, panels and youth activations. We invoice once you have agreed with the athlete to attend. Payment is due 7 days before the event, or on invoice if that is later. The booking is secured once payment is received. If it is not received by then, we may release the booking, and clause 7.1 applies as if you had cancelled on the date of release.

(d)   Athlete profile access. Viewing an athlete profile is free. A fee is payable for each profile you unlock to see the athlete's contact details.

4.5.   Late payment. Overdue amounts carry interest at the South African prime lending rate plus 3% a year, calculated daily until paid. We may hold new work while an undisputed invoice is overdue. If you dispute an invoice, tell us before it falls due and pay the rest.

4.6.   Fee changes. We may change our standard fees on 30 days' written notice. Changed fees apply only to work that starts later.

4.7.   Deal values. Where our fee is a percentage of a deal value or programme value, tell us that value in writing within 5 business days of agreeing it with the athlete, and tell us of any later change to it. On request, give us a copy of the part of your agreement with the athlete that sets the value. If you do not, we may invoice on our reasonable estimate and adjust the invoice once the value is confirmed. Clause 10.4 keeps these figures confidential.

 

 

5.1.   We stand behind our checks. If a placed candidate cannot do the job they were introduced for, tell us in writing within 14 days of their start date and say what the problem is.

5.2.   What we then do. We run one free replacement search for the same role. If we cannot place a suitable replacement within 30 days of your notice, or you would rather not have one, we refund the Placement Fee in full. If it is unpaid, we credit the invoice instead.

5.3.   This applies where the candidate (a) lacks the skills, qualifications or credentials the role called for, as set out in your job posting; or (b) materially misrepresented their experience or qualifications during recruitment.

5.4.   It does not apply to personality or fit, a change of mind or of your needs, a resignation, changes to the role, pay or terms, or anything arising from your own conduct. If you do not give notice within the 14 days, the Placement Fee is final. The guarantee covers placements only. Clause 7 applies to athlete engagements, including speaker engagements, and to event workforce.

6.1.   Despite clause 4.2, if you withdraw an offer after the candidate has accepted it, a cancellation fee of 50% of the Placement Fee is payable instead of the Placement Fee. If we have already invoiced the Placement Fee, we credit the difference. By then we have completed the recruitment, and the candidate has usually turned down other roles.

6.2.   Withdrawing means: telling us or the candidate in writing; not issuing a contract within 30 days of acceptance (unless a later start is agreed); materially changing the role, pay or terms; or conduct that makes the candidate withdraw.

6.3.   If you later hire the same person through us, the remaining 50% becomes payable, so the total is one full Placement Fee and nothing more. If you hire them outside Kivuko, clause 8 applies and the cancellation fee already paid is credited against the Placement Fee.

6.4.   If the candidate withdraws after accepting, and that is not caused by you, no Placement Fee and no cancellation fee is payable.

7.1.   Once an event workforce package or athlete engagement is confirmed, a cancellation fee is payable if you cancel, postpone or do not proceed, based on the written notice you give before the event or start date:

(a)   more than 60 days: 25% of our fee;

(b)   30 to 60 days: 50% of our fee;

(c)   less than 30 days: 100% of our fee.

The cancellation fee is never less than our fee for work already completed, such as people already registered, verified and scored. If you have paid more than the cancellation fee, we refund the balance. If you postpone and confirm a new date within 90 days of the original date, we move our fee to the new date and no cancellation fee is payable.

7.2.   If an athlete or workforce member withdraws or does not deliver a confirmed engagement, and that is not caused by you, tell us in writing within 14 days of the event or start date. We offer one replacement of equivalent standing. If we cannot provide one that you accept within 30 days of your notice, or you would rather not have one, we refund our fee for that part of the engagement. If it is unpaid, we credit the invoice instead.

7.3.   Work with children.

(a)   We list only people aged 18 or older.

(b)   Where an engagement involves contact with children (anyone under 18), you engage the person and you are responsible for safeguarding. This includes your safeguarding policy, supervision at the activation, and the checks the law requires of whoever employs or engages a person to work with children, including the National Register for Sex Offenders under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 and Part B of the National Child Protection Register under the Children's Act 38 of 2005.

(c)   Do not let the person start until those checks are clear. Tell us if a check is not clear.

(d)   We may decline to introduce a person for, or to broker, any engagement involving children.

7.4.   VIP entertainment. This covers athletes hosting or entertaining your guests at your event.

(a)   Our fee is quoted for each event, based on the athletes and what is required.

(b)   We invoice 50% of our fee as a deposit when you confirm the booking. The booking is secured once the deposit is received. The balance is due 7 days before the event.

(c)   If you cancel, postpone or do not proceed, the deposit is not refundable. If you give less than 30 days' written notice before the event, 100% of our fee is payable under clause 7.1(c).

(d)   If the balance is not received 7 days before the event, we may release the booking, and paragraph (c) applies as if you had cancelled on the date of release.

(e)   If an athlete withdraws or does not deliver, and that is not caused by you, clause 7.2 applies. Any refund includes the deposit paid for that athlete.

8.1.   When we introduce a person to you, we are the sourcing agent for that person in relation to you. The introduction itself costs nothing. The fee becomes payable if and when you hire or engage that person.

8.2.   The 12-month link. This link lasts 12 months from the introduction. If you hire or engage a person we introduced within that period, the fee is payable however it comes about, whether directly or through another agency, intermediary or related organisation, and whether the role is permanent, contract, freelance or project. Declining the person at the time does not end the link.

8.3.   We do not claim exclusivity over anyone. People are free to work with whoever they choose. The link is between us and you.

8.4.   If you already know the person, tell us in writing within 5 business days (any day except a Saturday, Sunday or South African public holiday) of the introduction. If you do not, the introduction stands.

8.5.   Hiring outside Kivuko. If you hire or engage someone we introduced without coming through us and without paying, the full fee is payable. No surcharge and no penalty is added. The guarantee in clause 5 does not apply to a hire we did not process.

8.6.   Our platform records and emails are evidence of an introduction and its date.

8.7.   Event workforce. Despite clause 8.2, hiring or engaging a workforce member for the event they were registered for, or in a contract, freelance or short-term role, is covered by the event workforce fee. If you hire that person in a permanent role within the 12-month link, the Placement Fee is payable, less the event workforce fee you already paid for that person.

9.1.   Kivuko and you are each independently responsible for the personal information each of us holds. We use it to match and introduce. You use it to decide whether to hire or engage the person. Our Privacy Policy at kivuko.io explains how we handle it.

9.2.   Use a person's information only to assess and engage them for the role or engagement they were introduced for. Do not use it for marketing or profiling, add it to your own talent pool, or share it with anyone else without our written consent. If you forward it and the recipient hires or engages that person within 12 months, the fee is payable by you.

9.3.   This information is protected by the Protection of Personal Information Act 4 of 2013 (POPIA). You will handle it to at least the standard of POPIA's conditions for lawful processing, and of any other data protection law that applies to you. Some of it may be sensitive and must be kept confidential.

9.4.   If you do not hire or engage a person, delete their information within 30 days from the date you decide not to proceed with them or, for event workforce, within 30 days after the event, and confirm this to us on request. Tell us within 72 hours if you become aware of an actual or suspected compromise of this information, so we can meet our POPIA section 22 duties.

10.1.              Kivuko's database, profiles, scores, methods and platform remain ours or our licensors'. You may use them for your own hiring and engagement needs, not for resale, copying or permanent storage.

10.2.              We review job posts before publishing and may refuse or remove one that is misleading, unlawful, discriminatory or asks candidates to pay. You are responsible for the accuracy of what you post and for having the right to post it.

10.3.              We work to keep the platform available but do not promise uninterrupted service, because it runs on third-party infrastructure. The platform software is provided by Hired1st Global Ltd ("the platform provider"). To use the platform you accept the platform provider's end user terms, available at https://hired1st.com/talent-marketplace/. Those terms govern only your use of the platform software. If they conflict with these Terms, these Terms apply between you and us.

10.4.              Each of us keeps the other's non-public information confidential, including fee terms, candidate and athlete pipelines and client lists, for 3 years after this agreement ends.

11.1.              We are not liable for a person's conduct, performance or suitability once you hire or engage them, for the outcome of your event or campaign, or for indirect or consequential loss such as lost profit, event revenue or reputational damage.

11.2.              Our total liability under this agreement, however it arises, is limited to the greater of the fee you paid for the engagement concerned and R50,000. Nothing limits liability for fraud or for anything the law does not allow us to limit.

11.3.              You are responsible for your agreements with the people you hire or engage, including pay, working conditions and lawful treatment. You will cover us for third-party claims, losses and reasonable legal costs arising from your relationship with them, your breach of clause 9 or what you post, except to the extent we caused them.

11.4.              Your liability to us under this agreement, including your cover for us in clause 11.3, is limited in the same way as ours in clause 11.2, except for fees and interest you owe us and fees payable under clause 8.5.

12.1.              Complaints. Email Compliance@Kivuko.io. We will acknowledge your complaint in writing and work to resolve it fairly and promptly. For privacy matters, email Compliance@Kivuko.io.

12.2.              Ending this agreement. Either of us may end it on 30 days' written notice. We may end it immediately if you do not fix a breach within 14 days of written notice, an undisputed invoice is more than 30 days overdue, you become insolvent, or your conduct puts a person at risk or misuses their information. You may end it immediately if we materially breach it and do not fix the breach within 14 days of written notice.

12.3.              What survives. Ending this agreement does not affect fees already earned, the 12-month link in clause 8, clauses 7.3, 9 and 10.4, or clause 11. Outstanding fees become due immediately.

12.4.              Changes. We may update these Terms on 30 days' written notice. Updates apply only to work that starts after the notice period. Any other change must be agreed in writing.

12.5.              Law and disputes. South African law applies.

(a)   Negotiation. Senior people on both sides first try to resolve the dispute within 14 days of written notice of it.

(b)   Mediation. If that fails, either of us may refer the dispute to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA). If it is not resolved within 30 days of the referral, (c) or (d) applies.

(c)   Arbitration. A dispute where the amount claimed is more than R200,000 is finally decided by arbitration under the AFSA rules, in Cape Town, in English, by one arbitrator agreed between us or, failing agreement within 10 business days, appointed by AFSA.

(d)   Courts. Any other dispute may be referred to a court with jurisdiction, including the High Court of South Africa, Western Cape Division, Cape Town.

(e)   Unpaid fees. We may recover undisputed fees in any court with jurisdiction, including the Magistrates' Court, without first following (a) to (c).

(f)    Either of us may approach a court for urgent interim relief at any time.

12.6.              General. Neither of us is liable for a failure caused by events beyond its reasonable control. You may not transfer this agreement without our written consent. We may transfer it to a successor, including a company formed to carry on Kivuko. If a provision is unenforceable, the rest stands. Notices must be in writing, by email to the addresses in the acceptance below. This is the whole agreement on its subject and replaces anything said or written before.

Fees

Placement Fee: direct role postings	12.5% of the person's first-year package (salary plus benefits)
Placement Fee: athlete career transition	15% of the person's first-year package (salary plus benefits)
Placement Fee: contract, freelance and project roles	15% of the total fees payable under the engagement, capped at the first 12 months
Endorsement	15% of the concluded deal value
Ambassador programme	15% of the programme value in year 1, and 7.5% for each year after that, including renewals
Speaking, appearance, panel or youth activation	Quoted for each engagement, with a minimum of R2,500. Charged to you on top; you pay the athlete separately
Athlete profile access	Per profile unlocked to see the athlete's contact details at R100. Viewing a profile is free
Event workforce	R500 per person registered, verified and scored, covering up to 5 hours. R120 per person for each extra hour
VIP entertainment	Quoted per event, based on the athletes and what is required
Currency and VAT	ZAR. Exclusive of VAT, which is added where applicable

Fees may be changed on 30 days' written notice under clause 4.6. Changed fees apply only to work that starts after that notice.

Key terms

Placement Fee earned	When the candidate accepts your offer
Payment terms	Placements: 30 days from invoice. Events and athlete engagements: 7 days before the event or start. Endorsements and ambassador programmes: 30 days from invoice. VIP entertainment: 50% deposit on confirmation, balance 7 days before the event
Late payment interest	Prime plus 3% a year, calculated daily
Placement guarantee	Tell us within 14 days of the start date. One free replacement search. Full refund if not filled within 30 days. Placements only. Athlete and workforce replacement under clause 7.2
If you withdraw an offer	50% of the Placement Fee. Remaining 50% if you later hire them through us
Cancelled event or athlete engagement	25%, 50% or 100% of our fee, depending on notice. Never less than work already done. VIP entertainment: deposit not refundable
Introduction link	12 months. Hiring outside Kivuko: full fee, no surcharge. Event workforce hired into a permanent role: Placement Fee less the event workforce fee paid
Data deletion	30 days from deciding not to proceed, or after the event, if not hired. Report a breach within 72 hours
Governing law	South Africa. Disputes: negotiation, mediation, then AFSA arbitration above R200,000

 

These terms limit our liability, ask you to take on certain risks, or set a fee if you cancel.

Clause 7.1. If you cancel, postpone or do not go ahead with a confirmed event workforce package or athlete engagement, a cancellation fee of 25%, 50% or 100% of our fee is payable, depending on how much notice you give.

Clause 7.4. If you cancel, postpone or do not go ahead with a confirmed VIP entertainment booking, the 50% deposit is not refundable, and 100% of our fee is payable with less than 30 days' notice.

Clause 11.1. We are not liable for a person's conduct, performance or suitability once you hire or engage them, for the outcome of your event or campaign, or for indirect or consequential loss such as lost profit.

Clause 11.2. Our total liability is limited to the greater of the fee you paid for the engagement concerned and R50,000.

Clause 11.3. You are responsible for your agreements with the people you hire or engage, and you cover us for third-party claims arising from that relationship, from your breach of clause 9 (personal information) or from what you post. Your liability, including this cover, is limited under clause 11.4.

☐ I have read and understand clauses 7.1, 7.4, 11.1, 11.2 and 11.3.