These Terms and Conditions govern access to and use of the website at www.nosweat.co.za, the NoSweat talent platform, candidate portal, client portal and any related services, communications or platforms operated by No Sweat Work Media CC.

No Sweat Work Media CC, registration number 2009/090625/23, trades as NoSweat and is referred to in these Terms as “NoSweat”, “we”, “us” or “our”.

By registering an account, submitting information, posting a job, applying for an opportunity, accepting an engagement, using the Website or otherwise using our Services, you agree to these Terms.

If you use the Services on behalf of a business or other organisation, you confirm that you have the authority to bind that organisation to these Terms.

2. DEFINITIONS

In these Terms:

Client means a company, agency, brand, organisation or person using NoSweat to identify, assess, engage or hire Talent.

Talent means a candidate, freelancer, contractor, consultant, employee, job seeker or other professional registered with or introduced through NoSweat.

Engagement means any freelance, fractional, temporary, fixed-term, project-based, permanent or other work opportunity arranged through NoSweat.

Engagement Document means a purchase order, work order, quotation, cost estimate, contract, placement confirmation, statement of work or other written document issued or approved by NoSweat for a specific Engagement.

Services means the Website, talent platform, matching, vetting, shortlisting, contracting, placement, administration, payment and related services supplied by NoSweat.

Website means www.nosweat.co.za and any NoSweat candidate or client portals, pages, forms or systems.

Work Product means all concepts, designs, copy, code, documents, strategies, research, files, presentations and other materials created specifically for an Engagement.

3. NOSWEAT'S ROLE

NoSweat operates a talent platform through which:

1. Clients may submit jobs, projects and talent requirements;

2. Talent may create profiles, view opportunities and apply;

3. NoSweat may source, assess, vet, shortlist and introduce Talent;

4. Clients select the Talent they wish to engage;

5. NoSweat may contract with and pay Talent for freelance, fractional, temporary or project-based Engagements;

6. NoSweat may administer PAYE, payroll, invoicing and other Engagement-related processes where applicable; and

7. NoSweat may facilitate permanent or full-time placements subject to the applicable Engagement Document.

NoSweat does not guarantee that a Client will receive suitable applications, that Talent will be selected, that any Engagement will proceed for a particular period or that a placement will be successful.

The Client remains responsible for its hiring and selection decisions.

4. ACCOUNT REGISTRATION

Users must provide accurate, complete and current information when registering or using the Services.

You must:

1. Be at least 18 years old and legally capable of entering into an agreement;

2. Keep your account details secure;

3. Notify NoSweat promptly of any unauthorised account access;

4. Keep your contact, employment, availability and payment information current; and

5. Not create misleading, duplicate or false accounts.

You are responsible for activities performed through your account unless those activities result from a security failure caused directly by NoSweat.

NoSweat may verify the identity and authority of any person registering or acting on behalf of a Client or Talent.

5. CLIENT TERMS

5.1 Job and project information

Clients must provide accurate and sufficiently detailed information about each opportunity, including, where applicable:

The role or project title;

Scope and expected deliverables;

Required skills and experience;

Start and end dates;

Expected working hours or estimated hours;

Location and whether the work is remote, hybrid or on-site;

The approved rate, salary or project budget;

Equipment or software requirements;

Reporting lines;

Approval processes; and

Any material conditions affecting the Engagement.

The Client must promptly inform NoSweat of changes to the scope, duration, location, budget, working arrangements or other material terms.

No change is binding on NoSweat or Talent unless confirmed through an amended Engagement Document or other written confirmation from NoSweat.

5.2 Lawful and fair opportunities

Clients may not submit or advertise opportunities that:

1. Are unlawful, misleading or fraudulent;

2. Contain unjustifiable discriminatory requirements;

3. Misrepresent the Client, role, remuneration or working conditions;

4. Require Talent to pay an application or placement fee;

5. Infringe the rights of another person; or

6. Place Talent in an unsafe or unlawful working environment.NoSweat Website Terms and Conditions

5.3 Selection of Talent

NoSweat may assess, vet, score, shortlist or recommend Talent based on the information available to us.

These processes assist the Client but do not replace the Client’s own assessment and decision-making.

The Client is responsible for:

Reviewing candidate information;

Conducting interviews;

Assessing suitability;

Confirming professional or technical competence;

Making the final selection; and

Ensuring that the selected person is suitable for the Client’s workplace and requirements.

5.4 Client responsibilities during an Engagement

The Client must:

1. Provide clear instructions, access, information and approvals;

2. Appoint an authorised contact person;

3. Provide a safe and lawful working environment;

4. Treat Talent professionally and respectfully;

5. Comply with applicable labour, health and safety, equality and data-protection laws;

6. Approve or dispute timesheets and deliverables promptly;

7. Not materially increase the agreed scope without written approval;

8. Not require Talent to perform unlawful work; and

9. Notify NoSweat promptly of performance, attendance, conduct or other concerns.

Where Talent works under the Client’s day-to-day direction, the Client must exercise that direction lawfully and consistently with the applicable Engagement Document.

5.5 Client fees

Fees, rates, budgets, margins and payment terms will be recorded in the applicable quotation, cost estimate, Engagement Document or invoice.

Unless otherwise stated:

1. The Client must pay NoSweat and not Talent directly;

2. Invoices are payable within the period stated on the invoice or Engagement Document;

3. VAT will be charged where legally applicable;

4. The Client may not deduct, withhold or set off any amount unless required by law or agreed in writing;

5. Interest may be charged on overdue amounts at the maximum lawful rate; and

6. The Client is responsible for reasonable recovery costs arising from overdue payment.

For permanent or full-time placements, NoSweat’s standard placement fee is a once-off amount equal to 13% of the Talent’s annual cost to company, unless a different fee is agreed in writing.

Any replacement period, credit or placement guarantee applies only if expressly recorded in the Client’s quotation or Engagement Document.

5.6 Approval of hours and deliverables

The Client must review submitted hours, timesheets or deliverables within the approval period stated in the Engagement Document.

The Client must identify any disputed item in writing and explain the reason for the dispute.

The undisputed portion of an invoice remains payable.

A Client may not unreasonably delay approval where the work was performed in accordance with the agreed scope.

5.7 Cancellations and scope changes

If a Client cancels or postpones an Engagement after it has been accepted, the Client remains responsible for:

Work already performed;

Approved or reasonably incurred expenses;

Any committed or reserved Talent time;

Any applicable notice or cancellation charge; and

Other amounts stated in the Engagement Document.

NoSweat may issue a revised cost estimate where the Client changes the scope, timing, outputs or working requirements.

5.8 No direct payment or circumvention

The Client may not bypass NoSweat by directly or indirectly engaging, paying or contracting with Talent introduced through NoSweat outside the NoSweat process.

Unless otherwise agreed in writing, this restriction applies during the introduction or Engagement and for 12 months after the later of:

1. The date of introduction;

2. The Talent’s most recent application to the Client;

3. The end of the Engagement; or

4. The Client’s most recent interview or communication with the Talent through NoSweat.

If the Client wishes to engage Talent directly, it must first obtain NoSweat’s written approval and pay the applicable placement, conversion or introduction fee.

This clause also applies where Talent is engaged through another company, agency, intermediary, related business or third party.

6. TALENT TERMS

6.1 Registration is free

NoSweat does not charge Talent a registration, application or job-placement fee.

Talent must not pay any person claiming to guarantee a NoSweat opportunity or placement.

6.2 Profile information

Talent must ensure that all submitted information is accurate and not misleading, including:

Identity and contact information;

Location and work authorisation;

Qualifications;

Employment history;

Skills and software knowledge;

Professional registrations;

Portfolio and work samples;

References;

Availability; and

Rates or salary information.

Talent may not claim experience, qualifications, awards, clients, projects or results that cannot reasonably be verified.

Portfolio material must either belong to Talent or be used with the necessary permission.

6.3 Applications

Talent should apply only where they:

1. Meet the material requirements;

2. Are available for the stated dates;

3. Accept the stated location and working arrangement;

4. Are willing to work within the stated budget or salary; and

5. Can provide evidence supporting their suitability.

Applying does not guarantee an interview, shortlist, Engagement or offer.

The budget, rate or salary stated in a job post is final unless NoSweat confirms otherwise in writing.

Talent may not negotiate separate payment terms directly with the Client.

6.4 Engagement status

Talent may be engaged by NoSweat as an employee, fixed-term employee, temporary worker, freelancer, consultant or independent contractor, depending on the nature of the Engagement and applicable law.

The Engagement Document will record the intended relationship, remuneration, duration and applicable conditions.

Nothing in these Website Terms alone determines Talent’s legal employment or contractor status.

Where there is a conflict between these Terms and mandatory employment legislation, the applicable legislation will prevail.

For permanent placements, the Client may become Talent’s direct employer if this is expressly stated in the Engagement Document.

6.5 Purchase orders and acceptance

Talent may not start work until NoSweat has issued or approved the relevant Engagement Document.

By accepting the Engagement Document or starting work, Talent accepts its terms.

Talent must not perform additional hours or work outside the agreed scope without prior written approval from NoSweat.

6.6 Performance obligations

Talent must:

1. Perform the work professionally, competently and on time;

2. Follow lawful and reasonable instructions;

3. Meet agreed deadlines and quality standards;

4. Communicate delays or problems promptly;

5. Attend agreed meetings and working sessions;

6. Keep accurate records of time and work completed;

7. Protect Client and NoSweat property and information;

8. Comply with applicable workplace policies;

9. Avoid conduct that could harm the Client, NoSweat or other users; and

10. Immediately disclose any conflict of interest.

Talent may not subcontract or delegate work without written approval.

6.7 Working hours, timesheets and expenses

Talent must submit timesheets, status reports, invoices or deliverables in the format and by the deadlines specified by NoSweat.

Hours or expenses that were not authorised, cannot be verified or fall outside the agreed scope may be disputed or rejected.

Expenses are reimbursable only if approved in writing before they are incurred and supported by acceptable documentation.

6.8 Payment

NoSweat will pay Talent according to the applicable Engagement Document and payment cycle.

Payment may be subject to:

Submission and approval of timesheets or deliverables;

Receipt of required tax and banking documentation;

Statutory deductions;

PAYE where applicable;

Corrections to overpayments;

Lawful deductions; and

Resolution of genuinely disputed hours or work.

NoSweat will provide appropriate payment records or payslips where required.

Talent is responsible for providing correct banking details. NoSweat is not responsible for delays caused by incorrect or incomplete information supplied by Talent.

Where Talent is engaged as an independent contractor, Talent remains responsible for taxes, registrations and statutory obligations not expressly administered by NoSweat.

6.9 Equipment and software

Unless the Engagement Document states otherwise, Talent is responsible for having suitable equipment, software, internet access and licences required to perform the work.

Talent must not use unlicensed software, unlawfully obtained assets or third-party material without permission.

6.10 Direct dealings with Clients

Talent may communicate with the Client as reasonably required to perform the Engagement but may not:

1. Agree to additional work outside NoSweat;

2. Accept direct payment from the Client;

3. Move the Engagement away from NoSweat;

4. Submit a separate quotation to the Client;

5. Introduce a substitute or third party without approval; or

6. Accept a direct Engagement from an introduced Client without NoSweat’s written consent.

This restriction applies during the Engagement and for 12 months after the Talent’s last introduction, application or Engagement with that Client.

7. ENGAGEMENT DOCUMENTS

Each Engagement may be governed by one or more Engagement Documents.

If documents conflict, the following order of precedence applies unless expressly stated otherwise:

1. A signed contract or statement of work;NoSweat Website Terms and Conditions | 9 

2. The latest accepted Engagement Document;

3. A NoSweat quotation or cost estimate;

4. These Website Terms;

5. Information in a job post; and

6. General Website content.

An Engagement Document may contain additional or different terms for a particular Engagement.

8. BACKGROUND AND REFERENCE CHECKS

NoSweat or an authorised third party may, with the required consent, conduct checks including:

Identity verification;

Employment references;

Qualification verification;

Criminal-record checks;

Professional-registration checks;

Right-to-work checks; and

Other checks reasonably relevant to an opportunity.

NoSweat does not guarantee that every check will identify every issue or that information supplied by third parties will be complete.

Clients may not conduct checks unlawfully or use information for purposes unrelated to the Engagement.

9. CONFIDENTIALITY

Clients and Talent must keep confidential all non-public information received through NoSweat or an Engagement.

Confidential information includes:

Business and marketing strategies;

Client information;

Candidate information;

Rates and commercial terms;

Customer and supplier information;

Passwords and system access;

Campaigns and creative concepts;

Financial information;

Source code and technical information; and

Unpublished Work Product.

Confidential information may be used only for the relevant opportunity or Engagement.

These obligations do not apply to information that:

1. Is lawfully public;

2. Was already lawfully known to the receiving party;

3. Is received lawfully from an independent third party; or

4. Must be disclosed by law.

Confidentiality obligations continue after an Engagement or account ends.

10. INTELLECTUAL PROPERTY

Unless the Engagement Document states otherwise:

1. Talent retains ownership of intellectual property created before the Engagement;

2. Talent assigns to NoSweat all transferable intellectual-property rights in Work Product created specifically for the Engagement;

3. NoSweat assigns those rights to the Client once NoSweat has received full payment for the Engagement;

4. The Client receives no ownership rights until full payment has been made;

5. Talent grants the licences reasonably required for any pre-existing material incorporated into the Work Product; and

6. Talent consents, to the extent legally permitted, to reasonable editing, adaptation and use of the Work Product.

Talent must identify pre-existing material before using it in an Engagement.

Talent may display completed work in a portfolio only after it has been publicly released and only where this does not breach confidentiality, Client policy or the Engagement Document.

11. PERSONAL INFORMATION AND PRIVACY

NoSweat processes personal information for purposes including:

Account administration;

Candidate matching and shortlisting;

Recruitment and placement;

Verification and background checks;

Contract administration;

Payroll and payment;

Legal and regulatory compliance;

Fraud and security prevention;

Service improvement; and

Relevant communications.

Personal information may be shared with Clients, Talent, payment providers, payroll providers, verification providers, technology suppliers, professional advisers, regulators and other parties where reasonably necessary and lawful.

NoSweat may use software, data analysis, artificial intelligence and automated tools to assist with matching, screening and administration.

Material decisions will not be made solely through automated processing where this is prohibited by law.

Further information is contained in NoSweat’s Privacy Policy, Cookie Policy and PAIA Manual.

Users must process personal information obtained through NoSweat lawfully, securely and only for its intended purpose.

Clients may not retain, distribute or use candidate information for unrelated purposes without a lawful basis.

12. ACCEPTABLE USE

Users may not:

1. Access the Website unlawfully;

2. Introduce malware or harmful code;

3. Scrape, harvest or copy platform data without permission;

4. Attempt to gain unauthorised access;

5. Impersonate another person;

6. Publish defamatory, abusive or discriminatory content;

7. Send spam or unsolicited marketing;NoSweat Website Terms and Conditions | 11

8. Misuse candidate or Client information;

9. Circumvent the NoSweat commercial model;

10. Reverse engineer the Website;

11. Interfere with the Website’s operation; or

12. Use the Services for fraudulent or unlawful purposes.

13. THIRD-PARTY SERVICES

The Website may contain links to or integrate with third-party platforms, including recruitment, payment, communication, analytics and document-management services.

NoSweat does not control those services and is not responsible for their availability, security, content or separate terms.

Users may be required to accept a third party’s own terms and privacy policy.

14. SUSPENSION AND TERMINATION

NoSweat may restrict, suspend or terminate access where a user:

Breaches these Terms;

Supplies false or misleading information;

Fails to pay an amount due;

Misuses personal information;

Acts unlawfully or unprofessionally;

Threatens the security of the Website;

Attempts to bypass NoSweat;

Creates material risk for NoSweat or another user; or

Repeatedly fails to meet Engagement obligations.

Termination does not affect rights or payment obligations that arose before termination.

Clauses concerning payment, confidentiality, intellectual property, privacy, liability, disputes and non-circumvention survive termination.

15. WARRANTIES AND DISCLAIMERS

NoSweat will use reasonable care in providing the Services.

However, to the fullest extent permitted by law, NoSweat does not warrant that:

The Website will always be available or error-free;

Every user’s information is complete or accurate;

Every Talent member will be suitable;

Every Client will offer or continue an Engagement;

Every Engagement will achieve a particular result;

A Client will approve all submitted work; or

A placement or Engagement will continue for a particular period.

Users are responsible for their own business, hiring, career and Engagement decisions.

Nothing in these Terms excludes rights or remedies that cannot lawfully be excluded.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, NoSweat will not be liable for indirect, incidental, special or consequential loss, including loss of profit, opportunity, reputation, data or anticipated savings.NoSweat Website Terms and Conditions | 12 

Where NoSweat is legally liable, its total aggregate liability arising from a particular Engagement will not exceed the fees paid or payable to NoSweat in respect of that Engagement during the three months preceding the event giving rise to the claim.

This limitation does not apply where liability cannot legally be limited, including liability arising from fraud, wilful misconduct or gross negligence where exclusion is prohibited.

NoSweat is not responsible for loss caused by:

Incorrect information supplied by a user;

A Client’s hiring or management decision;

Talent’s performance or conduct;

Unauthorised instructions;

Third-party systems;

Events beyond NoSweat’s reasonable control; or

A user’s failure to protect account credentials.

17. INDEMNITIES

A Client or Talent user must indemnify NoSweat against third-party claims, losses and reasonable costs arising from that user’s:

Breach of these Terms;

Unlawful conduct;

Misrepresentation;

Infringement of intellectual-property rights;

Misuse of personal information;

Breach of confidentiality; or

Failure to comply with applicable law.

This clause applies only to the extent permitted by law and only to loss reasonably connected to the relevant breach.

18. FORCE MAJEURE

NoSweat will not be responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, fire, flooding, war, civil unrest, strikes, power failures, internet outages, cyberattacks, government action, epidemics or failure of critical third-party services.

The affected party must take reasonable steps to reduce the impact of the event.

19. COMPLAINTS AND DISPUTES

Users should first submit a complaint to:

Email: sebastian@nosweat.co.za

The parties must attempt in good faith to resolve a dispute through direct negotiation.

If the dispute is not resolved within 15 business days, either party may propose mediation.

Subject to rights that cannot lawfully be restricted, unresolved contractual disputes may be referred to confidential arbitration in Johannesburg under the rules of the Arbitration Foundation of Southern Africa.

Nothing prevents a party from seeking urgent interim relief from a court with jurisdiction or using a statutory labour, consumer or information-protection dispute process where applicable.

20. GOVERNING LAW

These Terms and all Engagements are governed by the laws of the Republic of South Africa.

South African courts and statutory dispute-resolution bodies will have jurisdiction where applicable.

21. CHANGES TO THESE TERMS

NoSweat may amend these Terms to reflect changes to the Services, business model or applicable law.

Material changes will be published on the Website and will take effect from the stated effective date.

Changes will not retrospectively alter an accepted Engagement Document unless required by law or agreed by the affected parties.

22. ELECTRONIC COMMUNICATIONS

Users consent to receiving Engagement-related notices and documents electronically.

An electronic acceptance, click, email confirmation, digital signature or commencement of work may constitute acceptance of an agreement where legally valid.

Users must keep their email address and contact details current.

23. GENERAL

If a provision of these Terms is invalid or unenforceable, the remaining provisions remain effective.

A failure to enforce a right does not waive that right.

No user may transfer their rights or obligations without NoSweat’s written consent.

NoSweat may transfer its rights and obligations as part of a legitimate business transfer, restructuring or sale, subject to applicable law.

These Terms, together with the applicable Engagement Documents and policies, constitute the agreement relating to use of the Services.