01. No Sweat Full-Time Placement Terms & Conditions
02. NO SWEAT FREELANCE TALENT TERMS & CONDITIONS
03. NO SWEAT CANDIDATE TERMS & CONDITIONS
01. No Sweat Full-Time Placement Terms & Conditions
1. Definitions
For purposes of these Terms:
Applicant means any candidate, job seeker, freelancer, contractor, consultant, or individual introduced by No Sweat to a Client.
Client means any company, business, organisation, or individual making use of No Sweat's recruitment, talent sourcing, staffing, or placement services.
Introduction means any direct or indirect introduction of an Applicant by No Sweat to a Client, including but not limited to:
Submission of a résumé, curriculum vitae, profile, portfolio, or candidate information;
Scheduling or facilitating interviews;
Providing access to a candidate through the No Sweat platform;
Introducing a freelancer, contractor, or consultant through the platform;
Any communication that enables the Client to identify or engage the Applicant.
Placement means the engagement of an Applicant by a Client in any capacity, including permanent employment, fixed-term employment, contract work, freelance work, consulting, advisory services, part-time work, or any other remunerated engagement.
Annual Remuneration means the total annual cost-to-company package payable to the Applicant, including:
Basic salary;
Guaranteed bonuses;
Thirteenth cheques;
Commission guarantees;
Sign-on bonuses;
Travel allowances;
Housing allowances;
Employer pension, provident, or retirement contributions;
Medical aid contributions; and
Any other guaranteed employment benefits.
No Sweat means No Sweat Work Media CC, its subsidiaries, affiliates, brands, divisions, and associated entities.
2. Acceptance of Terms
Use of No Sweat's services, acceptance of a proposal, engagement letter, quotation, platform terms, or introduction of a candidate constitutes acceptance of these Terms and Conditions.
3. Placement Fees
3.1 Full-Time Placement Fee
Where a Client employs or engages an Applicant introduced by No Sweat, the Client shall pay No Sweat a placement fee equal to:
13% of the Applicant's Annual Remuneration
unless otherwise agreed in writing.
3.2 Conversion of Freelancers or Contractors
If a Client converts an Applicant initially engaged as a freelancer, contractor, consultant, or temporary worker into permanent employment, a placement fee shall become payable based on the Applicant's Annual Remuneration at the time of conversion.
3.3 Fee Trigger
A placement fee becomes payable if:
The Client employs or engages the Applicant directly;
The Applicant is engaged through a related entity, subsidiary, holding company, affiliate, or associated business of the Client;
The Applicant is engaged through a third party introduced by the Client;
The Applicant is engaged in a different role, division, department, or location than originally contemplated.
3.4 Payment Terms
Invoices are payable within 30 (thirty) calendar days of the Applicant's commencement date.
All fees are exclusive of VAT and any applicable taxes.
3.5 Late Payment
Amounts not paid when due shall accrue interest at: Prime Lending Rate plus 2% per annum
calculated from the due date until payment is received in full.
4. Candidate Protection Period
If a Client employs or engages an Applicant within 12 (twelve) months of the date of introduction, the placement shall be deemed to have arisen from No Sweat's introduction and the applicable placement fee shall remain payable.
This applies whether the engagement occurs directly or indirectly.
5. Referral to Third Parties
The Client shall not provide candidate information to any third party for the purpose of avoiding payment of placement fees.
Should a third party engage an Applicant introduced by No Sweat as a result of information supplied by the Client, the Client shall remain liable for the applicable placement fee.
6. Placement Guarantee
Subject to full payment of the placement fee within the agreed payment period, No Sweat shall provide a credit against future recruitment services if a placed Applicant's employment terminates within the first 90 days of commencement, excluding termination arising from:
Retrenchment;
Redundancy;
Business closure;
Restructuring;
Death;
Material changes to the agreed role, remuneration, or working conditions.
Credit Schedule
| Employment Duration | Credit Value |
|---|---|
| Up to 30 days | 100% |
| 31 – 60 days | 90% |
| 61 – 90 days | 80% |
The credit:
Is non-refundable;
May only be used against future recruitment services;
Must be claimed within 30 days of termination;
Expires 12 months from the date of issue.
7. Confidentiality and Candidate Information
Candidate information supplied by No Sweat remains confidential.
The Client agrees to:
Use candidate information solely for recruitment purposes;
Maintain appropriate security measures to protect candidate data;
Comply with all applicable privacy and data protection legislation, including POPIA;
Not share candidate information with third parties without prior written consent.
8. References and Background Checks
The Client may conduct reference checks and background verification processes provided:
The Applicant has consented to such checks where required by law; and
Applicable privacy legislation is complied with.
9. Limitation of Liability
While No Sweat takes reasonable steps to assess Applicants and verify information supplied by them, No Sweat does not warrant the accuracy or completeness of information provided by Applicants.
The Client remains responsible for conducting its own due diligence and making independent hiring decisions.
No Sweat shall not be liable for any loss, damage, claim, cost, or expense arising from:
The employment or engagement of an Applicant;
Information supplied by an Applicant;
The Applicant's performance, conduct, negligence, or actions.
10. Indemnity
The Client indemnifies and holds harmless No Sweat against any claims, losses, damages, costs, or liabilities arising from:
The Client's employment or engagement of an Applicant;
Any breach of these Terms;
Any unlawful use or disclosure of Applicant information.
11. Legal Costs
Should No Sweat incur legal costs in recovering unpaid amounts, the Client shall be liable for all reasonable legal fees, collection costs, tracing costs, and disbursements incurred.
12. Governing Law and Jurisdiction
These Terms shall be governed by the laws of South Africa.
The parties consent to the jurisdiction of the courts of South Africa for all disputes arising from these Terms.
13. Entire Agreement
These Terms constitute the entire agreement between the parties regarding recruitment and placement services and supersede all prior discussions, representations, and understandings.
No amendment or variation shall be binding unless recorded in writing and agreed by both parties.
02. NO SWEAT FREELANCE TALENT TERMS & CONDITIONS
1. Definitions
For purposes of these Terms:
Candidate means any freelancer, contractor, consultant, specialist, independent professional, or other individual introduced by No Sweat to a Client.
Client means any company, organisation, business, or individual making use of No Sweat's services.
Engagement means any freelance, consulting, contract, project-based, temporary, part-time, or independent contractor arrangement between a Client and a Candidate.
Fees means all amounts payable by the Client to No Sweat in connection with an Engagement.
Platform means any website, software, application, marketplace, or service operated by No Sweat.
No Sweat means No Sweat Work Media (Pty) Ltd, its subsidiaries, affiliates, brands, divisions, and associated entities.
2. Acceptance of Terms
By registering with, accessing, using, or engaging Candidates through No Sweat, the Client agrees to be bound by these Terms and any related policies published by No Sweat from time to time.
3. No Sweat's Role
3.1 Talent Marketplace
No Sweat introduces Clients to independent Candidates and facilitates freelance engagements.
No Sweat does not supervise, direct, manage, or control the work performed by Candidates.
3.2 Independent Contractors
Candidates operate as independent contractors unless otherwise agreed in writing.
Nothing in these Terms creates:
An employment relationship between No Sweat and a Candidate;
An employment relationship between No Sweat and a Client; or
A partnership, joint venture, agency, or fiduciary relationship between the parties.
3.3 Candidate Information
While No Sweat takes reasonable steps to verify Candidate information, No Sweat does not warrant the accuracy, completeness, suitability, qualifications, experience, or availability of any Candidate.
Clients remain responsible for conducting their own assessments and making independent engagement decisions.
4. Engagement Process
4.1 Engagement Confirmation
All engagements must be confirmed through No Sweat and may include:
Scope of work;
Deliverables;
Duration;
Availability requirements;
Rates;
Payment terms; and
Any special conditions agreed between the parties.
4.2 Acceptance
Candidates may accept or decline engagement opportunities at their discretion.
No party shall have any claim against No Sweat arising from a Candidate declining an Engagement.
5. Fees and Payment
5.1 Invoicing
All invoices relating to Candidate services shall be issued by No Sweat.
Clients may not make direct payments to Candidates unless expressly authorised by No Sweat in writing.
5.2 Payment Terms
Invoices are payable within the payment period specified on the invoice.
All Fees are exclusive of VAT and any applicable taxes.
5.3 Late Payment
Amounts not paid when due shall accrue interest at a rate equal to the Prime Lending Rate plus 2% per annum from the due date until payment is received in full.
5.4 Suspension of Services
No Sweat may suspend access to Candidates, services, or the Platform if any invoice remains unpaid after its due date.
6. Timesheets and Work Approval
6.1 Submission
Where applicable, Candidates shall submit timesheets in accordance with No Sweat's requirements.
6.2 Approval
Clients must approve or dispute submitted timesheets within 48 hours of receipt.
If no dispute is raised within that period, the timesheet shall be deemed approved.
6.3 Disputes
No Sweat may assist in resolving timesheet disputes and its reasonable determination shall be final for invoicing purposes.
7. Non-Circumvention and Conversion to Permanent Employment
7.1 Non-Circumvention
The Client acknowledges that No Sweat has invested substantial resources in sourcing, screening, assessing, onboarding, and introducing Candidates.
The Client agrees not to directly or indirectly circumvent No Sweat for the purpose of avoiding Fees payable under these Terms.
7.2 Direct Engagement Restriction
Candidates introduced through No Sweat may not be engaged directly outside of the No Sweat platform or service without No Sweat's prior written consent.
A Conversion Fee may apply.
7.3 Conversion to Direct Employment
If a Client employs, engages, contracts with, or otherwise retains a Candidate introduced by No Sweat outside of the No Sweat platform within twelve (12) months of the Candidate's most recent Engagement, a Conversion Fee shall become immediately payable.
This includes:
Permanent employment;
Fixed-term employment;
Independent contractor arrangements;
Consulting agreements;
Advisory roles;
Part-time engagements;
Temporary employment;
Employment through an affiliated company, subsidiary, holding company, related entity, or third party.
7.4 Conversion Fee
The Conversion Fee shall be equal to the placement fee applicable under No Sweat's Full-Time Placement Terms and Conditions in effect at the time of conversion.
Unless otherwise agreed in writing, the Conversion Fee shall be calculated as:
13% of the Candidate's annual cost-to-company remuneration package.
The Client shall notify No Sweat within five (5) business days of any such conversion.
7.5 Candidate Protection Period
The Client shall remain liable for the Conversion Fee if the Candidate is engaged directly or indirectly within twelve (12) months of:
The initial introduction;
The conclusion of an Engagement; or
The Candidate's last day providing services to the Client,
whichever date occurs last.
7.6 Referral to Third Parties
The Client shall not introduce, refer, recommend, or provide Candidate information to any third party for the purpose of avoiding Fees.
Where a Candidate introduced by No Sweat is subsequently engaged by a third party as a result of information supplied by the Client, the Client shall remain liable for the applicable Conversion Fee.
7.7 Additional Remedies
The rights and remedies available to No Sweat under this section are cumulative and in addition to any other rights available at law.
Payment of a Conversion Fee shall not limit No Sweat's right to recover any additional damages arising from a breach of this clause.
8. Notice and Termination
8.1 Standard Notice Periods
Unless otherwise agreed in writing:
| Engagement Duration | Notice Required |
|---|---|
| Up to 1 week | 1 business day |
| 2 weeks | 2 business days |
| 3 weeks | 3 business days |
| 1 month | 5 business days |
| More than 2 months | 10 business days |
8.2 Immediate Termination
An Engagement may be terminated immediately for:
Material breach of these Terms;
Fraud;
Illegal conduct;
Gross misconduct;
Serious confidentiality breaches.
8.3 Accrued Fees
Termination does not affect any Fees accrued prior to termination.
9. Client Responsibilities
The Client agrees to:
Provide access, information, systems, and resources reasonably required for the Engagement;
Review work and provide feedback within reasonable timeframes;
Comply with all applicable laws and regulations;
Maintain a professional and respectful working environment; and
Act in good faith throughout the Engagement.
10. Confidentiality
Both Clients and Candidates shall maintain the confidentiality of all non-public information disclosed during an Engagement.
Confidential information may only be disclosed:
With prior written consent;
Where required by law; or
To professional advisers subject to confidentiality obligations.
These obligations survive termination of the Engagement.
11. Intellectual Property
Unless otherwise agreed in writing:
All work product specifically created for a Client during an Engagement shall become the property of the Client upon full payment of all Fees.
Candidates retain ownership of their pre-existing intellectual property, tools, frameworks, methodologies, templates, and know-how.
No Sweat retains ownership of all Platform content, software, branding, trademarks, systems, and proprietary materials.
12. Privacy and Data Protection
All parties shall comply with applicable privacy and data protection legislation, including the Protection of Personal Information Act, 2013 ("POPIA").
Personal information may only be processed for lawful purposes directly related to the Engagement.
13. Warranties and Disclaimers
Services are provided on an "as is" and "as available" basis.
No Sweat makes no warranties, express or implied, regarding:
Candidate performance;
Candidate availability;
Project outcomes;
Business results; or
Uninterrupted access to the Platform.
14. Limitation of Liability
To the maximum extent permitted by law:
No Sweat shall not be liable for any indirect, consequential, incidental, special, punitive, or economic loss.
No Sweat shall not be liable for any acts, omissions, conduct, negligence, or performance failures of any Candidate.
No Sweat's total aggregate liability arising from any claim shall not exceed the Fees paid by the Client to No Sweat during the two (2) months preceding the event giving rise to the claim.
15. Indemnity
The Client indemnifies and holds harmless No Sweat against any claims, losses, damages, costs, penalties, expenses, or liabilities arising from:
The Client's use of Candidate services;
Any dispute between the Client and a Candidate;
The Client's breach of these Terms;
Any unlawful use of Candidate information; or
The Client's acts or omissions.
16. Platform Usage
No Sweat grants the Client a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely for legitimate business purposes.
The Client may not:
Copy, modify, reverse engineer, or distribute the Platform;
Attempt to gain unauthorised access to systems;
Use the Platform for unlawful purposes; or
Interfere with the operation of the Platform.
17. General
17.1 Amendments
No Sweat may amend these Terms from time to time. Continued use of the Platform or services constitutes acceptance of the revised Terms.
17.2 Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of South Africa.
17.3 Legal Costs
The Client shall be liable for all reasonable legal costs, collection costs, tracing fees, and related expenses incurred by No Sweat in recovering unpaid amounts.
17.4 Entire Agreement
These Terms constitute the entire agreement between the parties regarding freelance engagements facilitated by No Sweat.
17.5 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17.6 No Waiver
No failure or delay by No Sweat in exercising any right shall constitute a waiver of that right.
17.7 Survival
Any provisions which by their nature should survive termination shall survive termination, including confidentiality, intellectual property, indemnity, limitation of liability, payment obligations, and non-circumvention provisions.
03. NO SWEAT CANDIDATE TERMS & CONDITIONS
1. Definitions
For purposes of these Terms:
Candidate means any freelancer, contractor, consultant, specialist, job seeker, or independent professional using the No Sweat Platform.
Client means any company, organisation, business, or individual introduced to the Candidate through No Sweat.
Engagement means any freelance, consulting, contract, project-based, temporary, part-time, or permanent work opportunity facilitated by No Sweat.
Platform means any website, software, application, marketplace, or service operated by No Sweat.
No Sweat means No Sweat Work Media (Pty) Ltd, its subsidiaries, affiliates, brands, divisions, and associated entities.
2. Acceptance of Terms
By registering with, accessing, or using the Platform, you agree to be bound by these Terms and any policies published by No Sweat from time to time.
3. No Sweat's Role
3.1 Talent Marketplace
No Sweat connects Candidates with potential Clients and work opportunities.
No Sweat does not guarantee:
Work opportunities;
Interviews;
Freelance engagements;
Permanent employment; or
Any minimum earnings.
3.2 Introducer Only
No Sweat acts as an intermediary and facilitator.
Except where expressly agreed otherwise in writing, No Sweat is not a party to any working relationship between a Candidate and a Client.
3.3 Candidate Information
You are responsible for ensuring that all information you provide is accurate, complete, and up to date.
No Sweat may remove or suspend accounts containing misleading, false, or fraudulent information.
4. Independent Contractor Status
4.1 No Employment Relationship
Nothing in these Terms creates:
An employment relationship between No Sweat and the Candidate;
A partnership or joint venture;
An agency relationship; or
Any entitlement to employee benefits.
4.2 Tax and Regulatory Compliance
Candidates are solely responsible for:
Income tax obligations;
VAT obligations where applicable;
Statutory registrations;
Professional licences and certifications; and
Compliance with applicable laws.
5. Engagements
5.1 Scope of Work
The scope, duration, rates, deliverables, and requirements of each Engagement shall be communicated through No Sweat or agreed between the Candidate and Client.
5.2 Professional Conduct
Candidates agree to:
Perform services diligently and professionally;
Meet agreed deadlines;
Communicate promptly and honestly;
Comply with Client security, confidentiality, and workplace requirements; and
Act in good faith throughout each Engagement.
5.3 Candidate Availability
Candidates remain free to accept or decline opportunities presented through No Sweat.
6. Payment
6.1 Payment Processing
Where No Sweat manages invoicing and collections, payment to Candidates is dependent upon receipt of payment from the Client.
No Sweat shall not be liable for Client non-payment.
6.2 Approved Work
Candidates shall only be paid for work completed and approved in accordance with the Engagement requirements.
6.3 Timesheets
Where applicable, Candidates must submit timesheets accurately and on time.
Falsified or misleading timesheets may result in suspension or termination of Platform access.
6.4 Deductions
No Sweat may deduct amounts owing by the Candidate to No Sweat from future payments where permitted by law.
7. Notice and Termination
7.1 Standard Notice Periods
Unless otherwise agreed:
| Engagement Duration | Notice Required |
|---|---|
| Up to 1 week | 1 business day |
| 2 weeks | 2 business days |
| 3 weeks | 3 business days |
| 1 month | 5 business days |
| More than 2 months | 10 business days |
7.2 Immediate Termination
An Engagement may be terminated immediately for:
Fraud;
Illegal conduct;
Gross misconduct;
Material breach of confidentiality;
Serious breach of these Terms.
7.3 Outstanding Obligations
Termination does not affect accrued payment obligations, confidentiality obligations, intellectual property rights, or any provisions intended to survive termination.
8. Non-Circumvention and Client Protection
8.1 No Direct Engagement Outside No Sweat
Candidates acknowledge that No Sweat invests substantial resources in sourcing Clients, creating opportunities, and facilitating introductions.
Candidates agree not to directly or indirectly circumvent No Sweat.
8.2 Client Protection Period
For a period of twelve (12) months following:
Introduction to a Client;
Completion of an Engagement; or
The Candidate's last day providing services to a Client,
whichever occurs last, the Candidate shall not directly or indirectly:
Enter into a freelance engagement with the Client;
Accept employment from the Client;
Provide services to the Client through another intermediary;
Assist another party to engage with the Client;
without No Sweat's prior written consent.
8.3 Approved Conversions
Where No Sweat grants written consent, a placement fee or conversion fee may be payable by the Client in accordance with No Sweat's applicable Client Terms.
8.4 Breach
Where a Candidate knowingly participates in the circumvention of No Sweat, No Sweat reserves the right to:
Suspend or terminate the Candidate's account;
Recover any losses or damages suffered;
Recover any unpaid placement or conversion fees arising from the breach; and
Pursue any other legal remedies available.
9. Confidentiality
Candidates shall keep confidential all non-public information relating to:
Clients;
Projects;
Business operations;
Technology;
Commercial information; and
Other confidential information disclosed during an Engagement.
Confidential information may only be used for purposes directly related to the Engagement.
These obligations survive termination.
10. Intellectual Property
Unless otherwise agreed in writing:
All work product created specifically for a Client during an Engagement shall belong to the Client upon full payment of applicable Fees.
Candidates retain ownership of their pre-existing intellectual property, tools, templates, methodologies, frameworks, and know-how.
Candidates agree to execute any documents reasonably required to give effect to intellectual property ownership.
11. Privacy and Data Protection
Candidates agree that No Sweat may collect, process, store, and share personal information for legitimate business purposes, including:
Client introductions;
Recruitment activities;
Freelance opportunities;
Compliance obligations; and
Platform administration.
All processing shall be conducted in accordance with applicable privacy laws, including POPIA.
12. Platform Usage
Candidates must:
Use their real identity;
Provide truthful information;
Keep login credentials secure;
Refrain from uploading unlawful, misleading, or infringing content;
Avoid interfering with the operation of the Platform; and
Use the Platform only for legitimate professional purposes.
No Sweat may suspend or terminate accounts for breaches of these requirements.
13. Candidate Content
Candidates retain ownership of content submitted to the Platform.
Candidates grant No Sweat a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, distribute, and promote such content for purposes connected with operating and marketing the Platform.
14. Warranties and Disclaimers
The Platform and services are provided on an "as is" and "as available" basis.
No Sweat makes no warranties regarding:
Platform availability;
Job opportunities;
Client conduct;
Engagement outcomes; or
Earnings potential.
15. Limitation of Liability
To the maximum extent permitted by law:
No Sweat shall not be liable for any indirect, consequential, incidental, special, punitive, or economic loss.
No Sweat shall not be liable for any actions, omissions, or conduct of Clients.
No Sweat's total liability shall not exceed 50% of the Fees paid to the Candidate during the two (2) months preceding the event giving rise to the claim.
16. Indemnity
Candidates indemnify and hold harmless No Sweat against claims, losses, liabilities, damages, costs, and expenses arising from:
Breach of these Terms;
Services provided by the Candidate;
Violations of law;
Intellectual property infringement; or
Negligent or unlawful conduct.
17. General
17.1 Amendments
No Sweat may amend these Terms from time to time. Continued use of the Platform constitutes acceptance of the updated Terms.
17.2 Governing Law
These Terms shall be governed by the laws of South Africa.
17.3 Entire Agreement
These Terms constitute the entire agreement between No Sweat and the Candidate.
17.4 Severability
If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.
17.5 No Waiver
Any failure by No Sweat to enforce a provision shall not constitute a waiver of that provision.
17.6 Survival
Confidentiality, intellectual property, indemnity, limitation of liability, payment obligations, and non-circumvention obligations shall survive termination.