Candidate Terms.
No Sweat Work Media Candidate Terms of Use
These terms outline the conditions for using the No Sweat Work Media platform. Before accessing any No Sweat Work Media services, please read, understand, and agree to these terms.
1. Introduction
1.1 These Terms and Conditions, referred to as the “Candidate Terms,” apply to freelancers or job seekers on the No Sweat Work Media platform. They govern your access and use of services provided by No Sweat Work Media cc, including its subsidiaries, staff, agents, and affiliates (collectively, “No Sweat Work Media”) via various digital platforms such as websites and mobile apps (collectively, the “No Sweat Work Media Platform”). These terms also cover all information and materials shared or accessed on the platform (“Content”).
1.2 Hereafter, you will be referred to as “Candidate,” “you,” or “your.”
2. Acceptance of Candidate Terms
2.1 By accessing the No Sweat Work Media Platform, you agree that you have read, understood, and will abide by these Candidate Terms, as well as any policies, guidelines, or rules published by No Sweat Work Media.
3. Relationship Between the Parties
3.1 The No Sweat Work Media Platform connects you with potential Clients for specific outsourced tasks. No Sweat Work Media acts solely as an introduction facilitator and reserves the right to add or remove platform features at its discretion. No Sweat Work Media’s responsibility is limited to connecting you with Clients registered on the platform.
3.2 No Sweat Work Media has separate agreements with Clients for providing certain services, which may include, but are not limited to, client introduction and profile access.
3.3 By using the platform, you acknowledge that No Sweat Work Media is not your employer and does not guarantee any job placements. Engagements with Clients will be governed solely by these Candidate Terms unless a formal employment contract supersedes them.
3.4 The Candidate Terms are set by No Sweat Work Media and may only be modified with written consent following a consultation. You agree not to perform work for No Sweat Work Media Clients without first accepting these terms.
3.5 No Sweat Work Media is not liable for any false or inaccurate information provided by Clients on the platform, and you indemnify No Sweat Work Media against any resulting losses or damages.
3.6 No Sweat Work Media may offer paid features for additional services like Client engagement, invoicing, and billing management.
4. Invoicing and Payment
4.1 Your work scope and fee structure will be detailed in a purchase order.
4.2 Payments to you are subject to No Sweat Work Media receiving full payment from the Client. Payment dates are only indicative and not guaranteed.
4.3 All fees exclude applicable taxes.
4.4 No payments will be made for any periods of absence unless otherwise agreed.
5. Time Sheets and Notice Periods
5.1 Track and submit your work hours as per the Client’s requirements.
5.2–5.6 Notice periods for ending freelance engagements apply to both parties as follows:
• 1-week job: 1-day notice
• 2-week job: 2 days’ notice
• 3-week job: 3 days’ notice
• 1-month job: 5 days’ notice
• 2+ months: 10 days’ notice
6. Copyright
6.1 All materials provided by the Client remain their property, and you have no ownership rights to them.
6.2 You may not reproduce or modify any Client materials without written consent.
6.3 Any material you create for the Client under these terms is the Client’s property unless otherwise agreed in writing. You agree to sign any documents necessary to transfer copyright to the Client.
7. Candidate Duties
7.1 You are required to provide high-quality, expert-level services and to follow all Client instructions and policies, including health, safety, and security protocols.
7.2 The Client may restrict your access to their systems or premises if they believe you’re not adhering to these policies.
7.3 You must not accept any gifts that could be seen as an inducement for favorable treatment.
8. Duties of the Candidate
8.1 As a Candidate, you agree to provide full support and guidance to the Client on all aspects of the Services. This includes following the Client’s directions, requests, and all relevant policies (“Client Policies”), such as health, safety, and security measures. The Client will provide copies of these policies for your reference.
8.2 If the Client believes you are not following these Client Policies, they may limit your access to their premises, computer systems, or networks as needed.
8.3 Please do not accept any gifts or incentives that could be seen as influencing your work with the Client.
8.4 Your services should reflect a high standard of quality and expertise expected in your field.
9. Confidentiality
9.1 Both the Client and Candidate must keep any information shared or discovered during this Agreement confidential (“Confidential Information”).
9.2 Confidential Information can only be shared with those who:
• Need to know the information for business purposes.
• Understand its confidential nature.
• Are aware of these confidentiality obligations.
• Have been instructed to keep this information private and have agreed to do so.
9.3 This confidentiality agreement does not apply to information that:
• Is already public at the time of disclosure.
• Becomes public later through lawful means.
• Is legally obtained from a third party.
• Must be disclosed due to legal requirements.
10. Termination of Agreement
10.1 If either you or the Client breaches these terms and does not resolve the issue within 14 days of a written notice, the other party may choose to terminate the agreement. No Sweat Work Media should be included in all communications regarding the termination. This does not affect any claims for damages either party may have.
After Agreement Ends: Important Next Steps
11. Returning Client Materials
11.1 If your agreement with the Client ends, please return all of the Client’s materials, documents, and property in your possession within 7 days. This includes any confidential information or copyrighted work, as outlined in the rest of these terms.
12. Independent Contractor Status
12.1 Your role is as an independent contractor, not an employee. Terminating this agreement does not entitle you to redundancy pay or other compensation tied to employment.
13. Relationship and Good Faith
13.1 This agreement does not create a partnership between you and the Client, and neither can bind the other in any commitments.
13.2 Both parties agree to act in good faith and maintain honest, fair dealings throughout the relationship.
Using the No Sweat Work Media Platform
14. Candidate Portal Requirements
14.1 To use the No Sweat Work Media Platform, you need to create a Candidate Portal by registering and providing personal information.
14.2 You must be at least 18 years old and legally eligible to provide services through the platform.
14.3 When creating your portal:
• Use only your own information.
• Accurately represent yourself—no false names or misleading information.
• Avoid offensive or unlawful usernames.
14.4 Ensure all provided information is truthful and accurate. You’ll be held accountable for the accuracy of your personal and professional details.
14.5 Protect your portal with a strong, unique password, and do not share it. You are responsible for any activity on your account.
14.6 If you suspect someone else is using your portal, contact No Sweat Work Media immediately by emailing jobguy@ns.work.
15. Posting Content on the Platform
15.1 Content you share on No Sweat Work Media is public and may be shared by others. Be sure your posts don’t infringe on anyone’s rights, as you are solely responsible for your content.
15.2 You take full responsibility for any harm or issues arising from content you post, including any inappropriate, misleading, or harmful information.
15.3 Report and promptly remove any inappropriate or offensive content from your portal. No Sweat Work Media may also remove such content if necessary.
16. Your Privacy and Content Rights
16.1 You retain rights to your content but give No Sweat Work Media a license to use, modify, and share it for promotion and service improvement.
16.2 This license includes sharing your content with third parties for promotion and other business purposes without requiring compensation.
17. License to Use No Sweat Work Media Platform
17.1 No Sweat Work Media grants you a personal, non-transferable license to use the platform in accordance with these terms.
17.2 You are responsible for ensuring your usage complies with data and privacy laws, as No Sweat Work Media is not liable for any breaches on your part.
18. No Sweat Work Media Platform Rights
18.1 All intellectual property rights for the platform belong to No Sweat Work Media or its licensors. You may not use No Sweat Work Media’s name, logos, or brand features without permission.
18.2 If you provide feedback or suggestions, No Sweat Work Media may use it without obligation to compensate you.
18.3 No Sweat Work Media may also display your business name, logo, or trademarks for promotional purposes on the platform.
Using the NS.work Platform: Guidelines and Responsibilities
19. Platform Use Rules
19.1 When using No Sweat Work Media, please follow these guidelines to keep the platform secure and enjoyable for everyone:
• Be honest: Avoid posting any false, misleading, or defamatory content.
• Respect platform systems: Don’t tamper with No Sweat Work Media's systems, databases, or security features.
• Avoid harmful activity: Don’t introduce malicious code, test vulnerabilities, or disrupt the platform’s functionality.
• Stick to approved methods: Only use the platform’s official interfaces to access information.
• Respect others’ experience: Don’t interfere with other users’ access to the platform.
19.2 If you don’t follow these terms, No Sweat Work Media may deactivate your account and remove any content, without notice, if:
• You breach these terms,
• Your actions may create risk or liability for No Sweat Work Media, or
• The platform or services become unavailable or unviable to provide.
19.3 NS.work may access or share information as needed to:
• Comply with laws or legal requests,
• Enforce terms or investigate issues,
• Address security or technical concerns, or
• Respond to your support requests.
19.4 Platform Availability: No Sweat Work Media is provided “as is” and “as available,” meaning your use is at your own risk.
19.5 Platform Adjustments: No Sweat Work Media may change, limit, or discontinue services, features, or storage at any time without prior notice.
19.6 Advertisements: The platform may display ads from No Sweat Work Media or third parties, which may be tailored based on content or activity on the platform.
Working with Clients Outside of No Sweat Work Media
20. Non-Solicitation Policy
20.1 No Direct Work with Clients
You agree not to work directly with any client you connected with through No Sweat Work Media unless you have written permission from No Sweat Work Media. This restriction applies while you are using the platform and for 12 months after No Sweat Work Media has introduced you to a client or after the client’s last payment.
• If Approved: The client must pay No Sweat Work Media a recruitment fee. This fee is 10% of your total annual salary or contract amount, including bonuses.
For freelance work, the fee is 13% of the total contract amount.
• If Not Approved: The client must pay No Sweat Work Media a fee equal to 100% of your annual salary or contract amount.
20.2 Payment Timing
The client must pay any required recruitment fee within 14 days of your start date.
20.3 Informing Clients
Before starting any work with a client, you must inform them about this non-solicitation policy. If you fail to do so, you may be held responsible for paying the recruitment fee yourself.
21. Warranties and Disclaimers
21.1 General Disclaimer: Except for warranties specifically mentioned in these Terms, No Sweat Work Media and its team (collectively, the “No Sweat Work Media Group”) do not provide any other warranties, whether implied or stated, as allowed by law.
21.2 Platform and Service Limitations: The No Sweat Work Media cannot guarantee:
• The accuracy, completeness, reliability, or availability of the platform, services, or content,
• That content will always be stored or transmitted without errors,
• That the platform or services will meet all your needs or operate continuously without issues,
• The availability, accuracy, or reliability of third-party websites, resources, or content.
22. Limitation of Liability
22.1 Maximum Liability: If any legal claim arises (whether due to contract or otherwise), No Sweat Work Media’s maximum responsibility for direct damages due to negligence or misconduct will be limited to 50% of the fees it paid you within the two months prior to the incident. This cap applies to all claims combined.
22.2 Excluded Liabilities: No Sweat Work Media is not liable for any lost profits, goodwill, business, clients, revenue, or data. This applies to both direct and indirect losses, as well as any anticipated savings or contract penalties.
22.3 Your Responsibility: You agree to protect No Sweat Work Media from any damages, claims, or losses that may arise due to any misuse or unauthorized use of the platform by you or through your account, including copyright violations or breaches of these Terms.
23. Termination
23.1 When Terms End: These Terms apply until:
• You deactivate your account and stop using the platform,
• No Sweat Work Media deactivates your account, or
• No Sweat Work Media stops providing access to the platform or services.
23.2 During Engagement: If you are actively engaged with a client, you cannot terminate these Terms.
23.3 After Termination: Once these Terms end, you must stop using the platform, and you’ll still be responsible for any unpaid fees.
23.4 Termination for Breach: If one party breaches these Terms and does not resolve it within 14 days of receiving a written request to do so, the other party can end this agreement with written notice.
23.5 Platform Changes: No Sweat Work Media may change or discontinue the platform or services at any time without prior notice, and this won’t entitle you to any compensation.
24. General Terms and Interpretation
24.1 Fair Interpretation: This agreement won’t be interpreted more strictly against the party that drafted it.
24.2 Use of “Including”: When we use “including” (or similar words), it means “including without limitation.” Any examples provided are just for illustration and don’t limit the broader meaning.
24.3 Plain Language: Terms not specifically defined here should be understood in plain English, and terms widely recognized in the industry will have their usual meanings.
24.4 Entire Agreement: These Terms are the complete agreement between you and No Sweat Work Media. Any promises or representations not included here aren’t binding.
24.5 Third-Party Support: No Sweat Work Media may hire third parties to fulfill its obligations under these Terms.
24.6 Changes and Waivers: Any changes to these Terms must be in writing and authorized by No Sweat Work Media. No Sweat Work Media may waive a term only for a specific situation, and any delay in enforcing a term doesn’t waive its right to enforce it later.
24.7 Updating Terms: No Sweat Work Media can update these Terms at any time and will publish changes on its website. By continuing to use the platform, you accept the updated Terms.
24.8 If Any Term is Invalid: If any part of these Terms is found to be invalid or unenforceable, the rest will still apply. If a revision can make an invalid term valid, No Sweat Work Media will publish an updated version.
24.9 Receiving Notices: Notices sent to your primary business address on file will be considered received once sent under normal delivery timing.
Governing Law
These Terms will continue to apply indefinitely, regardless of termination. They are governed by the laws of the Republic of South Africa, and any disputes will be resolved in accordance with those laws.
