Workley is a marketplace for ICT services - not physical goods. Because a "return" of a completed service is not possible in the way a product can be returned, this policy explains when payments may be cancelled or refunded, and how every payment is accounted for on the Platform. It forms part of our Terms & Conditions. For how to end an engagement itself (rather than the money side), see the Cancellation Policy.
On this page
1. Two kinds of payment
It is important to understand which payment you are asking about, because different rules apply:
| Payment | Who receives it | Governed by |
|---|---|---|
| Engagement payment - what a Client pays for work | The Talent (directly, or via a licensed payment provider) | The Service Agreement and the project terms agreed between the Client and Talent |
| Workley fee - any service or facilitation fee we charge | Workley (Pty) Ltd | This policy and our Terms |
Workley does not hold Engagement payments in escrow. Refunds of Engagement payments are primarily a matter between the Client and the Talent under the Service Agreement; refunds of Workley fees are governed by this policy.
2. How payments are accounted for
Every Engagement payment is recorded on the Platform so that both parties always have a shared, accurate record:
- Payment status is tracked as "paid" or "unpaid" against each Onboarded Talent on an Engagement.
- Payment status is only shown once Talent is Onboarded (that is, after both parties have signed the Service Agreement). No payment is due, recorded or refundable before onboarding.
- Marking an amount "paid" is a representation by the Client that payment was genuinely made; a refund reverses that record so the account remains accurate.
- Messages, signed agreements and payment records are retained and can be produced to help resolve a dispute.
3. Cooling-off (ECTA section 44)
Where the Electronic Communications and Transactions Act, 2002 applies, a consumer may have a 7-day cooling-off right for certain electronic transactions. This right does not apply to services that have begun to be performed with the consumer's consent before the end of the cooling-off period, or to work that is being or has been produced to the consumer's specification. Once Talent has been onboarded and started work at the Client's request, the cooling-off right generally falls away for that Engagement.
4. Before onboarding - full refund of any Workley fee
Talent is under no obligation to work until formally onboarded. If, before onboarding is complete, you cancel (see the Cancellation Policy for how) and no work has begun:
- No Engagement payment is due.
- Any Workley fee you paid for that Engagement is fully refundable.
5. After onboarding / once work has begun
- Work delivered as agreed: Engagement payments for services properly delivered are generally non-refundable, because the service has been performed.
- Work not delivered, or materially defective: if the Talent fails to deliver, or the work is materially defective and not remedied within a reasonable time, the Client may be entitled to a partial or full refund of the Engagement payment from the Talent, under the Service Agreement and section 54 of the Consumer Protection Act, 2008.
- Partial completion: where an Engagement ends early, the parties should settle a fair amount for work actually done, and the payment record should be updated to reflect what was ultimately paid.
- Refunds of Engagement payments are made by the Talent (or reversed through the payment provider), not by Workley, unless Workley actually received the funds.
6. Workley fees
Any Workley service or facilitation fee is refundable only where: (a) you cancel before onboarding (clause 4); (b) we charged it in error or duplicated it; or (c) the law requires a refund. Fees for a service Workley has already provided (for example, completed identity verification) are non-refundable to the extent permitted by law.
7. How to request a refund
- Engagement payment: raise it first with the other party through Platform messaging and refer to the Service Agreement. Keep everything on-Platform so there is a record.
- Workley fee, or if you cannot resolve an Engagement issue: email hello@workley.co.za within 14 days of the charge or the event, with your account email, the Engagement, the amount, and what went wrong.
- We aim to acknowledge refund requests within 5 business days and to process approved Workley-fee refunds within 10 business days to the original payment method. Payment-provider timelines may add a few days.
8. Non-payment by a Client
If a Client does not pay for work properly delivered, the Talent may pursue payment under the Service Agreement and general law. Workley may assist by providing records (messages, the signed agreement and payment status) but is not responsible for making the payment and is not a guarantor of any Client's obligations.
9. Chargebacks & fraud
Do not initiate a chargeback for a legitimate, completed Engagement without first using the process above - doing so in bad faith is a breach of our Terms and may lead to suspension. We cooperate with payment providers to investigate fraudulent or abusive refund and chargeback activity.
10. Workley's role
Workley is an intermediary that provides the marketplace, the record-keeping and the tools to help you resolve issues. We are not a bank, we do not hold Engagement funds in escrow, and we are not a party to the contract between Client and Talent. Nothing in this policy limits any right you have under the Consumer Protection Act, 2008 that cannot lawfully be excluded.
11. Contact
Workley (Pty) Ltd
Email: hello@workley.co.za
This policy is tailored to a South African ICT-services marketplace where Workley facilitates but does not hold payments. Please have it reviewed by an admitted South African attorney and align it with the terms of your chosen payment provider before launch.