Vendor terms of use

These Vendor terms of use (“Vendor Terms”) apply to businesses and individuals who register a vendor profile, appear in the Metamerch directory, or use the vendor portal (together, “Vendors”, “you”). They sit alongside the Terms of use and the Privacy policy. If there is a conflict about vendor listings or portal use, these Vendor Terms prevail.

1. Registration and listing

• You must provide accurate details and keep them up to date. A free listing shows a limited public profile (such as name, country, two capabilities and bio) after email verification and authorisation.
• Paid listings may show additional fields as described in the product. Upgrading does not guarantee work.
• We may refuse, hide or remove a listing that is misleading, unlawful, inactive or in breach of these Vendor Terms.
• You confirm you have authority to bind the vendor organisation.

2. Independent contractor

You are an independent contractor of the business units that invite or assign you. Nothing in these Vendor Terms makes you an employee, partner or agent of Metamerch or of a customer. You are responsible for your own tax, insurance, licences and on-site health and safety unless a customer contract says otherwise.

3. Portal, jobs and assignments

• Portal access is limited to jobs and assignments offered to your vendor. You do not receive campaign-wide access unless a customer expressly shares material with you.
• Quotes, variations and invoices you upload are offers or records between you and the customer. Metamerch is not a party to that commercial contract unless we sign a separate agreement.
• Quote-acceptance windows, photo requirements and status rules shown in the product form part of these Vendor Terms.
• You must not use portal data (site addresses, artwork, briefs, photos) for any purpose other than performing the assigned work.

4. Artwork and confidentiality

Artwork, brand guidelines, site lists and job briefs you receive through Metamerch are confidential Customer Content. You may copy them only as needed to quote or install, must not share them with unauthorised third parties, and must stop using them when the job ends or the customer asks you to.

5. Site work and photos

When you attend a site you must follow the customer’s access rules and applicable law. Photos and geo-tags you upload must be relevant to the assignment, not include unnecessary images of identifiable members of the public, and not capture special personal information. You grant the customer and Metamerch a licence to store and display those files in the workspace for the campaign and audit trail.

6. Data protection

For your public listing and vendor account, Metamerch is the responsible party / controller as described in the Privacy policy. You consent to that processing by accepting these Vendor Terms and the privacy notice at registration (POPIA s11(1)(a); GDPR Art. 6(1)(a) and (b)).

For personal information you receive from a customer through a job (site contacts, staff names, addresses, photos), you process that information as an independent responsible party or as the customer’s operator, as your contract with that customer provides. You must:

• use it only to perform the job;
• apply appropriate security;
• not transfer it outside the agreed countries without a lawful mechanism (POPIA s72; GDPR Chapter V);
• delete or return it when the job ends unless you must keep it by law;
• notify the customer promptly of any security compromise.

If GDPR applies to that job data and the customer has appointed you as processor, these Vendor Terms include your obligation to process only on documented instructions, keep records, assist with data-subject requests, and flow down equivalent terms to any sub-processor you use.

7. Public contact

Messages sent through your public listing are forwarded so a potential customer can reach you. You are responsible for how you handle those leads, including any marketing you send afterwards. You must have a lawful basis (consent or otherwise) before adding a sender to a marketing list.

8. Acceptable use

You must not inflate ratings, impersonate another vendor, scrape the directory, or use the portal to spam customers. We may suspend portal access for abuse, unpaid listing fees, or a customer’s request to unlink you from their business unit.

9. Fees

Directory upgrades and any Metamerch fees billed to vendors are as shown at checkout. Fees customers pay you for install work are invoiced by you to them, not through Metamerch unless a specific billing product says otherwise.

10. Liability

You remain liable for workmanship, delays and on-site damage as between you and the customer. Metamerch is not liable for jobs you win or lose via the directory, or for a customer’s decision to accept or reject a quote. Our liability to you is otherwise limited as in the Terms of use.

11. Termination

You may close your listing by contacting us. A customer may unlink you from their business unit at any time; you will lose access to that unit’s jobs. We may terminate for material breach. Surviving clauses include confidentiality, IP, data protection, liability and governing law.

12. Governing law

These Vendor Terms are governed by the law of the Republic of South Africa. GDPR and POPIA rights described in the Privacy policy are not limited by this clause.

13. Contact

Vendor listing and portal questions: anton.foster@metamerch.global · Contact