KER 4 ME Service Level Agreement

Service Level Agreement OF USE

KER 4 ME (Pty) Ltd
Registration Number: 2025/954178/07
Effective Date: 01 January 2026
Last Updated: 01 April 2026

SERVICE LEVEL AGREEMENT

Between KER 4 ME (Pty) Ltd and Healthcare Provider

TABLE OF CONTENTS

1. Definitions and Interpretation
2. Introduction and Commencement
3. Platform Services
4. Provider Obligations and Quality Standards
5. Financial Terms and Commission Structure
6. Refund Policy and Consumer Protection Act Compliance
7. Liability and Indemnification
8. Data Protection and POPIA Compliance
9. Intellectual Property
10. Term and Termination
11. Dispute Resolution
12. General Provisions
13. Schedules


1. DEFINITIONS AND INTERPRETATION

1.1 Definitions
In this Agreement, unless the context indicates otherwise, the following terms shall have the meanings assigned to them:

Term Definition
"Active Listing" The Provider's published profile on the Platform, which must be complete, accurate, and accepting new patient bookings.
"Agreement" This Service Level Agreement, including all Schedules and any amendments agreed in writing.
"Booking" A confirmed appointment between a Patient and the Provider facilitated through the Platform.
"Business Day" Any day other than a Saturday, Sunday, or public holiday in the Republic of South Africa.
"Cancellation Fee" A fee payable by a Patient or Provider for cancelling a confirmed Booking outside the permitted notice period.
"Commission" The percentage of the Transaction Value payable to the Platform by the Provider as set out in clause 5.
"Consumer Protection Act" or "CPA" The Consumer Protection Act 68 of 2008, as amended from time to time.
"Direct Marketing" has the meaning ascribed to it in the Consumer Protection Act.
"Healthcare Provider" or "Provider" The licensed medical professional, practice, clinic, or hospital that has agreed to be listed on the Platform and provide services to Patients.
"HPCSA" The Health Professions Council of South Africa.
"Information Officer" The person designated by the Platform in accordance with POPIA.
"Introduction" Any contact between a Patient and a Provider that originates from the Platform, whether through a Booking, inquiry, or referral.
"Patient" Any individual seeking healthcare services through the Platform.
"Platform" The online marketplace, website, mobile application, and related services operated by KER 4 ME (Pty) Ltd.
"POPIA" The Protection of Personal Information Act 4 of 2013, as amended.
"Service Fee" The Commission payable to the Platform.
"Transaction Value" The total amount charged by the Provider to the Patient for healthcare services, inclusive of all professional fees, facility fees, and associated costs, but excluding any Platform Commission.

1.2 Interpretation

· Clause headings are for convenience only and shall not affect interpretation.
· Words importing the singular shall include the plural and vice versa.
· Any reference to a statute or regulation includes all amendments, re-enactments, and substitutions.
· Where a time period is expressed in days, it shall be calendar days unless expressly stated as Business Days.

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2. INTRODUCTION AND COMMENCEMENT

2.1 Parties
This Agreement is entered into between:

KER 4 ME (Pty) Ltd (Registration Number: 2025/954178/07), a private company duly incorporated in the Republic of South Africa with its registered address at Office 3B&C Mindspace, Vaal Gate Shopping Centre,

C/O DF Malan & Attie Fourie Street Vanderbijlpark, 1900, Gauteng ("the Platform"); and

Healthcare Provider Name: Prof/Dr_____________________________________________

Registration/Practice Number: __________________________

, duly registered with the HPCSA or relevant professional body ("the Provider").

2.2 Commencement
This Agreement shall commence on the Effective Date as recorded in the signature block and shall continue indefinitely until terminated in accordance with clause 10.

2.3 Acceptance
By signing this Agreement or by using the Platform to accept Bookings, the Provider acknowledges that it has read, understood, and agrees to be bound by this Agreement.

2.4 Policy Hierarchy
In the event of any conflict or inconsistency between this Agreement and any other policy or document, this Agreement shall prevail unless otherwise expressly stated.

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3. PLATFORM SERVICES

3.1 Core Services
The Platform agrees to provide the following services to the Provider:

3.1.1 A publicly accessible digital marketplace featuring the Provider's Active Listing;
3.1.2 A secure booking and calendar management system;
3.1.3 A Provider dashboard for managing appointments, patient communications, and records;
3.1.4 An optional integrated medical billing engine for submitting claims to South African medical aid schemes and insurers;
3.1.5 A secure payment gateway for collecting patient payments where applicable;
3.1.6 Dedicated Provider support via email and telephone; and
3.1.7 Such other services as may be agreed in writing.

3.2 Service Levels

Service Commitment
Platform Uptime 99.0% Monthly Uptime for core booking and payment functionalities
Scheduled Maintenance Maximum 4 hours per month, notified 48 hours in advance
Critical Incident Response < 1 hour (P1 – core system unavailable)
Major Incident Response < 4 hours (P2 – key features degraded)
General Support Response < 8 Business Hours (P3 – general questions)

3.3 No Medical Services
The Platform is a facilitator and intermediary only. The Platform does not provide medical advice, diagnosis, or treatment. All medical services remain the sole responsibility of the Provider.

3.4 No Endorsement
While the Platform undertakes reasonable due diligence to verify Provider credentials, listing on the Platform does not constitute an endorsement or warranty of the Provider's clinical quality, outcomes, or suitability for any particular Patient.


4. PROVIDER OBLIGATIONS AND QUALITY STANDARDS

4.1 Professional Registration and Compliance
The Provider warrants that:

4.1.1 It holds all required licenses, registrations, and accreditations to practice its profession in the Republic of South Africa, including but not limited to registration with the HPCSA or relevant professional board;
4.1.2 It maintains valid professional indemnity insurance with coverage appropriate to its practice;
4.1.3 It complies with all applicable laws, regulations, and professional codes of conduct; and
4.1.4 It will promptly notify the Platform of any suspension, restriction, or disciplinary action affecting its license or registration.

4.2 Profile Accuracy
The Provider shall maintain its Active Listing to ensure that all information regarding:

4.2.1 Qualifications and specialisations;
4.2.2 Services offered and pricing;
4.2.3 Contact details and practice location;
4.2.4 Availability and consultation hours; and
4.2.5 Any other material information

is accurate, current, and not misleading. The Provider must update its calendar availability within 24 hours of any change.

4.3 Booking and Appointment Management

4.3.1 The Provider shall acknowledge or decline Booking requests via the Platform within 12 hours of receipt.
4.3.2 For confirmed Bookings, the Provider shall notify the Patient and the Platform of any cancellation or rescheduling at least 24 hours before the appointment, except in emergencies.
4.3.3 The Provider shall not unreasonably cancel or reschedule confirmed Bookings.

4.4 Patient Care Standards

4.4.1 The Provider retains full clinical responsibility for all patient care.
4.4.2 The Provider shall:

· Disclose all relevant information to Patients regarding their condition, treatment options, risks, and costs;
· Obtain appropriate informed consent before any procedure;
· Provide clear pre-operative and post-operative instructions;
· Maintain complete and accurate patient records in accordance with professional standards and POPIA.

4.5 Prohibited Conduct

The Provider shall not:

4.5.1 Engage in any discriminatory practices regarding patient selection;
4.5.2 Make false, misleading, or unsubstantiated claims about services or outcomes;
4.5.3 Attempt to circumvent the Platform by soliciting direct bookings from Introduced Patients to avoid the Commission;
4.5.4 Subcontract services to any third party without the Platform's prior written consent and without ensuring that such third party agrees to comply with the terms of this Agreement.

4.6 Patient Responsibilities
The Provider acknowledges that Patients have certain responsibilities, including providing accurate information, following medical advice, and keeping appointments. The Provider shall inform Patients of these responsibilities in accordance with the Platform's recommended patient communications.


5. FINANCIAL TERMS AND COMMISSION STRUCTURE

5.1 Commission Structure
The Provider agrees to pay the Platform a Commission on the Transaction Value of each completed Patient Booking originating from the Platform. The Commission structure is set out in Schedule A.

Service Tier Commission Rate Monthly Fee
Pay-As-You-Go 12% Total Transactional Value

5.2 Payment and Remittance

5.2.1 Pay-As-You-Go: Patient payment is processed by the Platform. The Platform will remit the Transaction Value, minus the Commission, to the Provider within 7 Business Days of the completed appointment.

5.2.2 Subscription Tiers: The Commission is applied as set out above, and the monthly subscription fee is invoiced on the 1st of each month, payable within 14 days.

5.2.3 All amounts are in South African Rand (ZAR). VAT will be charged where applicable.

5.3 Billing Module Fees
If the Provider opts to use the Platform's integrated medical billing module, an additional 5% fee applies to the successful submission and payment of any medical aid or insurance claim processed through the Platform.

5.4 Price Transparency
The Provider agrees to provide transparent, all-inclusive pricing for services offered through the Platform. Any price changes shall be communicated to the Platform at least 7 days before they become effective.

5.5 Non-Circumvention
5.5.1 For any Patient Introduced through the Platform, the Provider shall not attempt to enter into any agreement or transaction outside the Platform for a period of 12 months from the date of Introduction.

5.5.2 Any breach of this non-circumvention clause constitutes a material breach of this Agreement and shall entitle the Platform to recover liquidated damages equal to 150% of the Commission that would have been payable had the Booking been processed through the Platform.


6. REFUND POLICY AND CONSUMER PROTECTION ACT COMPLIANCE

6.1 Application of the Consumer Protection Act
This Agreement is subject to the Consumer Protection Act 68 of 2008. Nothing in this Agreement limits or excludes any rights conferred on consumers by the CPA.

6.2 Provider's Responsibility for Patient Refunds

6.2.1 The Provider acknowledges that under the CPA, Patients have certain rights regarding the return of goods and cancellation of services.

6.2.2 Medical services differ from goods. There is no general right to return medical services based on a change of heart. However, the following circumstances may entitle a Patient to a refund:

· Cancellation within the direct marketing cooling-off period (Section 16 of CPA) – 5 Business Days from booking;
· Services do not meet the quality standards reasonably expected;
· Services were not performed with due care and skill; or
· The Provider breached its obligations under this Agreement or applicable law.

6.2.3 Any refunds for medical services shall be the sole responsibility of the Provider. The Platform shall facilitate refund requests but does not guarantee outcomes.

6.3 Platform Commission Refunds

6.3.1 The Platform's Commission is earned upon successful facilitation of the Introduction and Booking. As such:

· Cancellation by Patient: If a Patient cancels a Booking within the direct marketing cooling-off period (5 days), the Platform shall refund the full Commission.
· Cancellation by Patient outside cooling-off period: The Commission is non-refundable, subject to the Provider's cancellation policy.
· Cancellation by Provider: If the Provider cancels a confirmed Booking without reasonable cause, the Platform may, at its discretion, waive or refund the Commission for that Booking.
· Dispute Resolution: Where a dispute arises regarding the quality of medical services, the Commission shall be held in trust pending resolution of the dispute.

6.4 Provider's Cancellation Policy
The Provider shall maintain a clear cancellation policy, which shall be disclosed to Patients at the time of Booking. This policy shall comply with the CPA and shall include:

6.4.1 Notice periods required for cancellation without penalty;
6.4.2 Any cancellation fees that may apply; and
6.4.3 Circumstances in which fees may be waived (e.g., medical emergency).

6.5 ECT Act Compliance
For Bookings made online, Patients have a 7-day cooling-off period to cancel for any reason, without penalty, but must pay the reasonable costs of returning any goods. For medical services that are scheduled to commence within the 7-day period, this right may be limited where services have already been provided.


7. LIABILITY AND INDEMNIFICATION

7.1 Limitation of Liability

To the maximum extent permitted by South African law, the Platform shall not be liable for:

7.1.1 Any direct, indirect, incidental, or consequential damages arising from:

· The Provider's clinical services, negligence, or malpractice;
· Any complications, outcomes, or dissatisfaction arising from medical treatment;
· Any advice or information provided by the Provider;
· Any actions taken by the Provider in reliance on information from the Platform; or
· Any delays, cancellations, or changes in services by the Provider.

7.1.2 Any loss of profits, revenue, data, or goodwill.

7.2 "AS IS" Disclaimer
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, the Platform disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.3 Indemnification by Provider
The Provider indemnifies and holds the Platform, its directors, employees, and agents harmless against all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

7.3.1 The Provider's clinical services, negligence, or breach of professional standards;
7.3.2 Any breach of this Agreement by the Provider;
7.3.3 Any Patient complaints or disputes regarding medical services;
7.3.4 Any claims relating to the Provider's compliance with applicable laws; and
7.3.5 Any act or omission of the Provider's employees, contractors, or agents.

7.4 Indemnification by Platform
The Platform indemnifies the Provider against all claims arising from the Platform's gross negligence, wilfull misconduct, or security breach of its systems.

7.5 Aggregate Liability
In the event that the Platform is found liable notwithstanding the limitations above, the Platform's aggregate liability to the Provider under this Agreement shall be limited to the total Commission fees paid by the Provider in the 6 months preceding the claim.


8. DATA PROTECTION AND POPIA COMPLIANCE

8.1 Data Processing Relationship
For the purposes of POPIA, the Platform and the Provider are independent Responsible Parties in respect of Personal Information processed in connection with this Agreement. The Platform processes Patient information to facilitate Bookings, while the Provider processes Patient information for clinical and administrative purposes.

8.2 Platform's Obligations
The Platform shall:

8.2.1 Process Personal Information only for the purposes contemplated in this Agreement;
8.2.2 Implement appropriate technical and organisational security measures to protect Personal Information;
8.2.3 Notify the Provider of any data breach affecting Provider or Patient information without undue delay; and
8.2.4 Comply with all applicable provisions of POPIA.

8.3 Provider's Obligations
The Provider shall:

8.3.1 Process Patient information only for legitimate clinical and administrative purposes;
8.3.2 Maintain appropriate security measures to protect Patient information;
8.3.3 Comply with all applicable provisions of POPIA, including maintaining its own POPIA compliance framework;
8.3.4 Notify the Platform and affected Patients of any data breach without undue delay;
8.3.5 Retain Patient records in accordance with professional standards (adults: at least 6 years; minors: until age 21 and 6 years of inactivity);
8.3.6 Not transfer Patient information outside the Republic of South Africa without the Patient's explicit consent and adequate protection mechanisms.

8.4 Information Officer
The Platform's Information Officer can be contacted at info@ker4me.com for any POPIA-related queries or complaints.


9. INTELLECTUAL PROPERTY

9.1 Ownership
All intellectual property rights in the Platform, including but not limited to software, designs, content, trademarks, and logos, are owned by or licensed to the Platform. Nothing in this Agreement transfers any intellectual property rights to the Provider.

9.2 License to Use
The Platform grants the Provider a non-exclusive, non-transferable license to use the Platform and its features during the term of this Agreement.

9.3 License to Provider Content
The Provider grants the Platform a non-exclusive, royalty-free license to use, reproduce, and display the Provider's name, logo, qualifications, and profile information for the purpose of marketing and operating the Platform.


10. TERM AND TERMINATION

10.1 Term
This Agreement commences on the Effective Date and continues indefinitely until terminated in accordance with this clause.

10.2 Termination by Either Party
Either party may terminate this Agreement without cause by giving 30 days' written notice to the other party.

10.3 Termination for Cause
Either party may terminate this Agreement with immediate effect by written notice if:

10.3.1 The other party commits a material breach of this Agreement and fails to remedy that breach within 14 days of receiving written notice specifying the breach;
10.3.2 The Provider's license to practice is suspended, revoked, or subject to restriction;
10.3.3 The Provider's professional indemnity insurance lapses or is cancelled;
10.3.4 The Provider's no-show rate exceeds 5% of monthly Bookings; or
10.3.5 The Platform's service levels fall below 95% uptime for two consecutive months.

10.4 Consequences of Termination
Upon termination:

10.4.1 The Provider's Active Listing shall be removed from the Platform;
10.4.2 Any outstanding payments due to the Provider shall be settled within 30 days;
10.4.3 The Provider shall immediately cease using the Platform;
10.4.4 Each party shall return or destroy any confidential information of the other party; and
10.4.5 The Provider shall honour any Bookings already confirmed.


11. DISPUTE RESOLUTION

11.1 Good Faith Negotiation
Any dispute arising out of or in connection with this Agreement shall first be referred to the designated representatives of both parties for good faith negotiation.

11.2 Mediation
If the dispute is not resolved within 14 Business Days, either party may refer the dispute to confidential mediation in Johannesburg under the rules of the Arbitration Foundation of Southern Africa (AFSA).

11.3 Arbitration
If mediation fails, the dispute shall be referred to arbitration in accordance with the AFSA rules. The arbitration shall be conducted in Johannesburg, and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding.

11.4 Urgent Relief
Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.


12. GENERAL PROVISIONS

12.1 Entire Agreement
This Agreement, together with the Schedules and any documents incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements.

12.2 Amendments
No amendment to this Agreement shall be effective unless in writing and signed by both parties. The Platform may amend standard terms with 30 days' notice, subject to the Provider's right to terminate.

12.3 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.4 Waiver
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.

12.5 Assignment
The Provider may not assign this Agreement without the Platform's prior written consent. The Platform may assign this Agreement in connection with a merger, acquisition, or sale of assets.

12.6 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.

12.7 Notices
All notices under this Agreement shall be in writing and sent to the addresses set out in the signature block. Notices shall be deemed received upon delivery if hand-delivered, or on the next Business Day if sent by email.

12.8 Relationship of Parties
The Provider is an independent contractor and not an employee, agent, partner, or joint venture partner of the Platform. Nothing in this Agreement creates any employment, agency, or partnership relationship.


13. SCHEDULES

Schedule A: Commission Structure and Payment Terms

· To be completed with Provider's selected tier and banking details.

Schedule B: Provider Profile and Services

· To be completed with Provider's qualifications, specializations, and service packages.

Schedule C: Data Processing Addendum

· To be completed with specific data processing terms.

Schedule D: Provider Code of Conduct

· To be completed with ethical and quality standards.

SIGNATURE BLOCK

SIGNED at __________________ on this ______ day of __________________ 20____

FOR KER 4 ME (PTY) LTD

Signature: ___________________

Name: _____________________

Title: ____________________

Email: ________________________

Telephone: ______________________

FOR THE HEALTHCARE PROVIDER

Practice Name: _________________________

HPCSA/Professional Board Number: _________________________

Practice Number: _________________________

Signature: _____________________

Name: __________________

Title: __________________

Email: ______________________

Telephone: ______________________

SCHEDULE A: COMMISSION STRUCTURE AND PAYMENT TERMS

Item Details
Commission Tier - Pay-As-You-Go (12%)

Bank Account Name _________________________
Bank Name _________________________
Branch Code _________________________
Account Number _________________________
Account Type [ ] Cheque [ ] Savings [ ] Business
VAT Registration Number _________________________
Invoicing Preference [ ] Monthly Statement [ ] Per Transaction

SCHEDULE B: PROVIDER PROFILE AND SERVICES

Provider Information

Field Details
Practice Name ____________________________________________________
Physical Address __________________________________________________
Postal Address ____________________________________________________
Telephone ___________________________________
Email _______________________________________
Website _____________________________________

Qualifications and Specialisations

Field Details
HPCSA Registration Number _________________________
HPCSA Registration Category _________________________
Primary Specialisation _________________________
Sub -Specialisations _________________________
Years in Practice _________________________
Professional Memberships _________________________

Services Offered on Platform

Service/Procedure Description Price Range (ZAR)
1. _________________ R________ - R________
2. _________________ R________ - R________
3. _________________ R________ - R________
4. _________________ R________ - R________

Practice Facilities

Facility Details_______________________________
Accreditation [ ] COHSASA [ ] ISO [ ] Other: ____________________
Languages Spoken _________________________
After-Hours Contact _________________________


SCHEDULE C: DATA PROCESSING ADDENDUM

1. Purpose of Data Processing
The Provider acknowledges that the Platform processes Patient Personal Information to facilitate bookings, referrals, and communication.

2. Categories of Data Processed

Category Examples
Identity Data Name, ID/passport number, nationality
Contact Data Email, telephone, address
Health Data Medical history, current conditions, medications, allergies
Booking Data Appointment details, procedure information
Financial Data Payment information, insurance details

3. Lawful Basis for Processing
The Provider shall ensure that it has a lawful basis for processing all Personal Information, including:

· Consent from the Patient;
· Necessity for the performance of a contract;
· Compliance with a legal obligation; or
· Protection of the Patient's vital interests.

4. Security Measures
The Provider shall implement appropriate technical and organisational security measures, including:

· Encryption of data in transit and at rest;
· Access controls and authentication;
· Regular security assessments;
· Staff training on data protection.

5. Breach Notification
The Provider shall notify the Platform's Information Officer within 24 hours of becoming aware of any data breach affecting Platform or Patient information.


SCHEDULE D: PROVIDER CODE OF CONDUCT

1. Ethical Standards
The Provider shall adhere to the highest ethical standards, including:

· The HPCSA's Ethical and Professional Rules;
· The principles of beneficence, non-maleficence, autonomy, and justice;
· Respect for patient dignity and confidentiality.

2. Informed Consent
The Provider shall obtain and document informed consent from all Patients before any procedure, ensuring that Patients understand:

· The nature of the proposed treatment;
· Material risks and benefits;
· Alternative treatment options;
· Costs involved.

3. Transparency
The Provider shall:

· Provide clear, honest information about qualifications and experience;
· Disclose any conflicts of interest;
· Provide accurate, transparent pricing.

4. Complaints Handling
The Provider shall:

· Maintain a clear complaints procedure;
· Respond to complaints promptly and professionally;
· Cooperate with the Platform in resolving any disputes.

5. Continuous Improvement
The Provider shall:

· Participate in professional development;
· Maintain current knowledge of best practices;
· Cooperate with quality improvement initiatives of the Platform.

This document was last updated on 01 April 2026. Please check with the Platform for the most current version.