1. Introduction

By subscribing to the Proud Design Hub, you agree to these terms and conditions, which govern your relationship with Pride Ornamental (hereinafter "the Company"). These terms are designed to protect the Company’s intellectual property, business processes, and integrity, while setting clear expectations for agents.

2. Eligibility

To subscribe, you must:

• Be 18 years or older.

• Have the required skills and qualifications relevant to the interior design industry.

3. Subscription and Fees

• Your subscription fee covers administrative costs, platform maintenance, access to leads, and relevant resources.

• The subscription fee is non-refundable once access to the Proud Design Hub has been granted.

4. Platform Use and Project Execution

• All projects must be conducted exclusively through the platforms provided by Pride Ornamental.

• Agents are strictly prohibited from contacting or working with leads outside the scope of Pride Ornamental’s operations. Any breach of this will result in immediate termination and potential legal action.

• You are expected to maintain professionalism in all communications and adhere to Pride Ornamental’s business standards.

5. Intellectual Property

• All designs, leads, client details, and business strategies provided by Pride Ornamental are the exclusive intellectual property of the Company.

• Agents may not use, share, or replicate any intellectual property for personal gain outside of assigned projects within the scope of the Proud Design Hub.

• Any designs or concepts created by agents on behalf of Pride Ornamental become the property of the Company upon completion of a project.

6. Commission Structure ( Only applies to Pride Practitioners)

• Agents work on a commission basis, and the commission percentage will be determined per project.

• The Commission Structure is as follows 

• Basic : 10%

• Standard : 20%

• Intermediate : 30%

• Platinum : 45%

• Failure to complete projects within agreed timelines or to the required standards may result in forfeiture of commission.

7. Performance Metrics

• Beginner Subscribers: You are required to close 3 to 5 deals per month. Failure to do so for two consecutive months may result in a fine or termination of subscription.

• Pro Subscribers: You are required to close 15 to 20 deals per month. Failure to meet this threshold may result in penalties, such as reduction in the number of leads provided or a fine.

• Pride Ornamental reserves the right to adjust targets based on industry conditions.

8. Performance-Based Penalties

• Agents must convert a minimum of 30% of leads from initial contact to closed deals. Failure to meet this conversion rate for more than three months may result in a fine or termination of your subscription.

• Repeated underperformance or failure to meet closing expectations may lead to termination and revocation of access to the Proud Design Hub.

9. Non-Compete and Non-Solicitation

• Agents may not solicit or engage with any leads or clients introduced by Pride Ornamental for personal projects or in any capacity outside the Proud Design Hub, either during their subscription or for 12 months after termination.

• Breaching this condition will result in legal action and potential damages.

10. Confidentiality

• All information, including but not limited to client lists, design briefs, and business processes, shared through the Proud Design Hub, is confidential and should not be disclosed to third parties.

• Agents are responsible for safeguarding confidential information and ensuring it is only used in the execution of Pride Ornamental projects.

11. Termination

• Pride Ornamental reserves the right to terminate your subscription for any breach of these terms, including but not limited to:

  • Unauthorized use of intellectual property.

  • Failure to meet performance metrics.

  • Breach of confidentiality or non-compete clauses.

  • Misconduct or failure to maintain professionalism in dealings with clients.

• Upon termination, agents must immediately cease all activities related to Pride Ornamental and return any confidential materials.

12. Liability

• Pride Ornamental is not liable for any personal damages or losses incurred by agents during project execution.

• You agree to indemnify and hold Pride Ornamental harmless from any claims arising from your actions as an agent.

13. Amendments

• Pride Ornamental reserves the right to amend these terms at any time, with notice provided to subscribers. Continued use of the Proud Design Hub after amendments indicates your acceptance of the new terms.

14. Governing Law

• These terms and conditions are governed by the laws of South Africa.

15. Agent Responsibility and Conduct

• Agents are responsible for maintaining the quality and standards of their work to ensure client satisfaction.

• Pride Ornamental reserves the right to audit agent activities, including project communications, to ensure compliance with these terms.

16. Client Feedback and Dispute Resolution

• Agents must resolve client issues professionally and in a timely manner. Pride Ornamental reserves the right to step in if disputes arise that could damage the company’s reputation.

• In cases of client dissatisfaction due to agent performance, Pride Ornamental may withhold commissions until the issue is resolved or assign the project to another agent.

17. Quality Control and Brand Representation

• Agents are expected to adhere to Pride Ornamental’s design guidelines, quality standards, and brand identity in all project executions.

• The Company may request revisions or corrections to designs that do not meet its quality benchmarks.

18. Project Reporting and Monitoring

• Agents are required to regularly update the platform with progress reports on all active projects.

• Failure to update project status may result in the withholding of leads or potential fines.

19. Data Security

• Agents must use secure methods when handling and transmitting client information and project details. Any breach of data security may result in termination and legal action.

• Agents are responsible for ensuring that all digital workspaces, tools, and systems used to complete projects meet industry security standards.

20. Subscription Tiers

• Beginner Tier: Suitable for agents with less than 1 year of experience in the interior design industry. Expected deal closure rate: 3-5 deals per month.

• Pro Tier: Suitable for agents with over 1 year of experience and a proven track record. Expected deal closure rate: 15-20 deals per month.

• Agents may be upgraded or downgraded between tiers based on performance and at Pride Ornamental’s discretion.

21. Payment Terms

• Commission payments will be made upon successful completion and client approval of the project, following the Company's payment schedule.

• Agents will be paid via bank transfer, and payment dates will be specified in the commission agreement.

22. Subscription Renewal and Cancellation

• Subscription to the Proud Design Hub can be renewed manually depending on the chosen plan basis unless canceled .

• Pride Ornamental may cancel subscriptions with notice in cases of non-compliance or performance issues.

23. Non-Refundable Subscription Fees

• Subscription fees are non-refundable, even if an agent fails to meet the expected number of closed deals or their subscription is terminated due to non-compliance.

24. Marketing and Use of Agent Projects

• Pride Ornamental reserves the right to use completed projects, designs, and client testimonials for marketing and promotional purposes. Agents will be credited but do not retain ownership or intellectual property rights over the projects once completed.

25. Third-Party Tools and Resources

• Any third-party tools, software, or resources provided to agents must be used solely for the purpose of completing Pride Ornamental projects.

• Agents may not use or share these tools for personal use or with any third party.

26. Training and Development

• Pride Ornamental may offer training and upskilling opportunities to agents. Participation in these programs is recommended but not mandatory.

• Training resources provided are proprietary and may not be shared outside of the Company’s ecosystem.

27. Exclusivity

• Agents are prohibited from working with other interior design companies or competitors while subscribed to the Proud Design Hub, unless they obtain prior written permission from Pride Ornamental.

• Any conflict of interest must be disclosed to Pride Ornamental immediately, and the Company reserves the right to terminate the subscription in cases of conflicting activities.

28. Non-Solicitation of Staff

• Agents agree not to solicit, hire, or attempt to hire any of Pride Ornamental’s employees, contractors, or other agents during their subscription and for a period of 12 months following the end of their subscription.

29. Lead Exclusivity and Assignment

• Leads provided to agents are exclusive to them for a set period (e.g., 30 days). After this time, if the agent has not successfully closed the deal, Pride Ornamental may reassign the lead to another agent.

• Agents are not permitted to reassign or transfer leads to other agents or third parties without prior written approval from Pride Ornamental.

30. Quality and Deadline Guarantees

• Agents must adhere to deadlines agreed upon at the start of each project. If delays occur due to the agent’s failure to meet agreed-upon timelines, Pride Ornamental reserves the right to reduce the agent’s commission or assign the project to another agent.

• Repeated failures to meet deadlines will result in penalties or termination of access to the Proud Design Hub.

31. Client Communication Guidelines

• All client communications must be conducted through Pride Ornamental’s designated communication channels (e.g., the platform, official email). Any unauthorized off-platform communication will be considered a breach of contract.

• Agents are expected to maintain a high level of professionalism and responsiveness, with response times not exceeding 24 hours for client queries during weekdays.

32. Penalties for Breach of Intellectual Property

• Any misuse, unauthorized replication, or sharing of Pride Ornamental’s intellectual property (designs, client data, business plans) will result in immediate termination of the subscription and potential legal action. Agents may be liable for damages incurred due to such breaches.

33. Fines for Misconduct

• Agents who fail to comply with these terms or who act in a way that damages Pride Ornamental’s reputation or relationships with clients will be subject to financial penalties, in addition to termination of their subscription.

• Fines may be imposed for:

  • Breaches of confidentiality or intellectual property.

  • Failing to maintain the required contact-to-closure rate.

  • Unauthorized use of company resources or platforms.

34. Client Ownership and Handover Process

• All clients introduced through the Proud Design Hub are considered Pride Ornamental clients. Upon termination or expiration of your subscription, you must hand over all client information and ongoing project details to Pride Ornamental without delay.

• Agents are not allowed to maintain relationships or continue working with clients they engaged through the Proud Design Hub after termination, unless otherwise authorized in writing.

35. Dispute Resolution

• Any disputes between agents and Pride Ornamental will be resolved through a formal dispute resolution process, which may include mediation or arbitration as per South African law.

• Agents agree to submit to this process before pursuing any legal claims against Pride Ornamental.

36. Subscription Downgrades

• Agents who consistently underperform (failing to meet minimum project closure targets for three consecutive months) may be downgraded to a lower subscription tier, with reduced access to leads and opportunities.

• This downgrade process may be temporary, and agents can reapply for higher tiers after demonstrating improved performance.

37. Ethics and Integrity

• Agents are expected to uphold Pride Ornamental’s values of honesty, integrity, and ethical business practices in all dealings with clients and third parties.

• Any fraudulent, deceptive, or unethical behavior, including misrepresenting the scope of a project or commission rates to clients, will result in immediate termination.

38. Termination for Inactivity

• If an agent is inactive (i.e., does not engage with leads or complete projects) for 30 consecutive days, Pride Ornamental reserves the right to terminate their subscription without refund.

• Agents who are inactive for less than 30 days but show a pattern of low engagement may be issued a warning and could face subscription downgrades or lead reassignment.

39. Use of Confidential Information

• Agents must treat all information provided through the Proud Design Hub as confidential. This includes client lists, lead information, pricing models, design templates, and internal business strategies.

• Unauthorized disclosure of any confidential information will be considered a breach of contract, resulting in termination and legal action if necessary.

40. Use of Company Resources

• Agents may only use resources (templates, tools, branding, etc.) provided by Pride Ornamental for projects obtained through the platform. Any use of these resources for personal or external projects is prohibited and will result in the termination of their subscription.

41. Fair Use Policy for Leads

• To prevent hoarding and ensure fair distribution of leads, agents may only claim a maximum of a certain number of leads at a time (e.g., 5 leads). Once they have completed or closed those deals, they can access more.

• Agents who claim more leads than they can handle or close may be temporarily restricted from accessing new leads.

42. Non-Compete Clause

• Agents agree not to establish a competing business or join a competing platform for the duration of their subscription and for a period of 12 months after termination.

• Agents found to be operating or joining a competitor during or after their subscription will face immediate termination and possible legal action.

43. Non-Endorsement

• Pride Ornamental does not endorse the personal services or businesses of agents beyond the work completed through the platform. Agents are prohibited from claiming affiliation with Pride Ornamental for non-authorized projects or external ventures.

44. Review and Performance Feedback

• Agents will undergo periodic performance reviews (e.g., every 6 months) to assess their deal closure rates, client satisfaction levels, and overall engagement.

• Agents who receive consistently negative reviews or fail to meet expected targets may face downgrades, lead restrictions, or termination.

45. Technology and Platform Updates

• Pride Ornamental reserves the right to update or modify the platform, tools, or technologies used for the Proud Design Hub at any time. Agents must adapt to these updates to maintain access to the platform.

• Technical issues encountered by agents must be reported immediately to the company’s support team. Pride Ornamental is not responsible for delays caused by unreported technical problems.

46. Legal Jurisdiction

• This agreement is governed by South African law, and any legal disputes will be subject to the jurisdiction of the South African courts.

• Agents must comply with local laws and regulations applicable to their business activities, including taxation, labor laws, and intellectual property rights.

47. Limitations of Liability

• Pride Ornamental will not be liable for any direct, indirect, or consequential losses or damages arising from an agent’s failure to close deals, meet expectations, or comply with the terms and conditions.

• The company also disclaims responsibility for any loss of data, revenue, or business opportunities resulting from agents' use of the platform.

48. Client Satisfaction Guarantee

• If a client is unsatisfied with the work provided by an agent, Pride Ornamental may offer the client a satisfaction guarantee, including potential refunds or reassignments of the project to another agent.

• The agent responsible for the project may be required to forfeit their commission in cases of poor performance, negligence, or failure to meet client expectations.

49. Agent Expenses

• Agents are responsible for covering their own operational expenses, including but not limited to travel, design software, and materials used for completing projects.

• Pride Ornamental is not liable for reimbursing any out-of-pocket expenses incurred by agents, unless explicitly agreed upon in writing.

50. Indemnification

• Agents agree to indemnify and hold Pride Ornamental harmless from any claims, damages, liabilities, or costs arising from their activities on the platform, including any legal disputes with clients, third-party vendors, or other agents.