Buyers Terms and Conditions of NoSweat Work Media cc

The following document outlines the terms of use of the NoSweat website. Before using any of the NoSweat services, you are required to read, understand, and agree to these terms. The column on the right provides a short explanation of the terms of use and is not legally binding.

1. Introduction

1.1. These Terms and Conditions for Buyers (“Buyers Terms”) regulate your access to and use of the services provided by NoSweat Work Media cc, any subsidiary or holding company of NoSweat Work Media cc, their staff, contractors, agents, directors, shareholders, licensors and/or licensees (“NoSweat.work”), through the various NoSweat.work platforms, and includes, without limitation, websites, webpages, mobile applications, software applications, programmes, and notifications, as provided by NoSweat.work from time to time (“NoSweat.work”), and any and all information, comments, content, data, text, graphics, photos or other materials uploaded, downloaded, viewed, accessed or appearing on the NoSweat.work Platform (“Content”).

1.2. You will hereinafter be referred to as (“you”, “your” and/or “Buyer”)

Basically

We give you access to our systems, which include our website, programs and everything that goes with that.

2. Acceptance of Buyers Terms

2.1. By accessing or making use of the NoSweat.work Platform, including accessing any Content, you agree that you have read and understood these Buyers Terms and agree to be bound by these Buyers Terms, as well as any other policies, guidelines, rules and procedures published by NoSweat.work from time to time.

Basically

By signing up with or making use of nosweat.work’s services you agree to the terms below.

3. The NoSweat.work platform and the relationship between the parties

3.1. The NoSweat.work Platform allows you to engage with potential independent contractors that you may, subject to the payment of the Fees, appoint on a limited duration per project basis for the performance of specific outsourced tasks (“Sellers”). As such, NoSweat.work, and through the NoSweat.work Platform, acts as a facilitator of the introduction between you and the Seller. It is specifically recorded that NoSweat.work may in its sole discretion add or remove certain functionality from the NoSweat.work Platform. On this basis, NoSweat.work has no other obligations to you other than those that are contained in these Buyers Terms, more specifically, to provide you with access to the Sellers that are registered on the NoSweat.work Platform.

3.2. NoSweat.work similarly has a contractual relationship with the sellers in that NoSweat.work introduces the Sellers to you and may provide the Sellers with certain additional services. However, NoSweat.work does not employ any of the Sellers, and any remedies that you may have against the Sellers for non-performance of the Sellers obligations, may only be exercised by you against the Sellers and NoSweat. work shall not in any way be liable for any breach by, damages or losses caused by the Sellers.

3.3. These Terms and Conditions for Buyers (“Buyers Terms”) are determined by NoSweat.work in their sole and absolute discretion, and shall, only with the written consent of NoSweat. work be amended based on consultation with you and based on your specific requirements. Every engagement by you with a Sellers shall be as per these Buyers Terms.

3.4. NoSweat.work cannot accept any responsibility for the truthfulness or accuracy of any information that a Seller represents through the NoSweat.work Platform and NoSweat.work is indemnified by you for any direct or indirect damages or losses caused by any misrepresentation of any kind made by a Seller.

3.5. NoSweat.work may from time to time offer various paid functionality relating the NoSweat.work Platform, which includes but is not limited to, access to Seller Profiles, facilitating your engagement with and/or appointment of a Seller and the management of the invoicing and billing processes between you and the Seller and management of the content.

Basically

We are allowed to change the website if we need to, possibly add or remove some functions, and the functions we offer you may be different from what we offer the freelancers. We do not employ the freelancers, we offer a system to help you find skills, and as such any non-delivery or non-performance on the part of the freelancer, needs to be taken up directly with them. The information about the freelancers on offer is given to us by the freelancers (we don’t make this stuff up, although the truth is often stranger…), but if it is not 100% accurate, you cannot throw your toys at us.

4. Duration and Purchase Orders

4.1. The consideration payable by you shall be the either:

4.1.1. the hourly rate of the Seller as indicated on the NoSweat.work cost estimate calculated over each hour that Seller is appointed by, or engaged with you;

4.1.2. the daily rate of the Sellers as indicated on the NoSweat.work cost estimate calculated over each day that Sellers is appointed by, or engaged with you;

4.1.3. the monthly rate of the Sellers as indicated on the NoSweat.work cost estimate calculated over each month that Sellers is appointed by, or engaged with you.

4.2. The rate described in clause 4.1 will include a additional percentage of the rate that is owed by you to NoSweat.work and shall be recorded in the relevant purchase order.(“Fees”).

4.3. The Fees shall be invoiced:

4.3.1. on a per job or weekly basis depending on the duration of the work, whichever is shorter in the case of hourly rates

4.3.2. on a per job or weekly basis depending on the duration of the work, whichever is shorter in the case of daily rates.

4.3.3. on a per job or monthly basis depending on the duration of the work, whichever is shorter in the case of monthly rates.

4.4. You will provide a purchase order (“Purchase Order”) to NoSweat.work identifying the following information

4.4.1. the nature and scope of the Services and Project required by you;

4.4.2. the estimated duration of the Project;

4.4.3. the Sellers that you wish to appoint for the relevant purchase order;

4.4.4. the applicable hourly, daily or monthly rate, whichever is applicable, of the Sellers that you wish to engage including any fees due to NoSweat.work;

4.4.5. any other details required by NoSweat.work, in NoSweat.work discretion from time to time.

4.5. Once your Purchase Order has been received by NoSweat.work, NoSweat.work shall notify the Seller and the Seller may accept or reject their appointment by you. NoSweat.work shall notify you of the Seller election as soon as is reasonably possible after receiving same from the Seller. In any event the Seller shall be afforded 48 hours to accept or reject a proposed Purchase Order from the time that NoSweat.work sends same to the Seller

4.6. In the event that the Seller rejects the proposed Purchase Order from you then the Parties shall not enter into any agreement and neither party shall have any claim Buyers Terms and Conditions of NoSweat.work Page 2 of 6 against the other for any damages and or losses, direct or indirect, caused as a result of the failure of the parties to enter into any agreement.

Basically

You will provide us with a rate that you will pay the freelancer, we will supply you with cost estimate which will include those fees as well as our fee, you then supply us with a purchase order for the full amount. Once we have the PO, we will notify your selected freelancer who then has 48 hours to accept or reject the offer, if they don’t there can be no argie-bargie-mud-flinging-lawyer-threatening from either side.

5. Invoicing and Payment

5.1. The amount due to NoSweat.work shall be calculated on a hourly, daily or monthly basis as set out above in 4.1 and will be based on the timesheets submitted by the Seller in respect of the time completed by the Seller for that specific job as set out in clause 6 below.

5.2. The scope of the NoSweat.work Services that you wish to make use of will be set out in your purchase order, which shall contain any other amounts that are payable by you in respect of the applicable NoSweat.work Services. Any additional amounts payable by you will be determined by the scope of the NoSweat.work Services that you make use of.

5.3. All Fees are payable in accordance with the agreed payment terms between NoSweat.work and the Buyer from time to time.

5.4. All Fees exclude any applicable taxes.

5.5. Should you not make payment of the applicable Fees, then, and without derogating from any other rights that NoSweat.work may have in terms of these Buyers Terms or in law, NoSweat.work may suspend the NoSweat.work Services until such time as you make payment of the Fees

5.6. If applicable, no Fee shall be chargeable if the Seller was absent due to illness, voluntary leave or statutory, public or local holidays.

5.7. In the case of daily fees, Seller absence is deducted on an hourly basis and calculated at the daily rate divided by 8(hours) to arrive at an hourly rate.

5.8. In the case of monthly fees, Seller absence is deducted on an hourly basis and calculated at the monthly rate divided 20(days) days and then divided by 8(hours) to arrive at an hourly rate.

5.9. The Seller shall be responsible for all expenses incurred in the execution of Services contemplated in the Purchase Order unless agreed to by the Buyer in writing to NoSweat.work.

5.10. The Seller has agreed, in accordance with the Seller Terms and Conditions, that it shall under no circumstances invoice the Buyer directly, nor request payment from the Buyer directly, as NoSweat.work shall be responsible for this process. Any queries relating to payment of invoices shall be directed to NoSweat.work and not to the Buyer. Similarly you acknowledge and agree that you shall not at any time make payment directly to the Seller and all Fees payable shall be paid to NoSweat.work.

Basically

The final invoice, which will be supplied by NoSweat and not the freelancer, amount will depend on how much work the freelancer actually did. If they weren’t working due to public holiday, voluntary leave, the dog ate my car keys, or any other potential malady, you will not be charged for that time. If the freelancer is on a daily rate and they miss a few hours, we calculate the hourly rate as the daily rate divided by 8 hours. Similarly, the monthly rate can be divided by 21 to get the daily rate. If for some reason you don’t pay up, the dog ate the chequebook for example , we can ask the freelancer to stop what they are doing, sort of a no-pay-no-work scenario.

6. Time sheets

6.1. The Seller has undertaken to properly and accurately record all hours and time utilised whilst providing the Services to the Buyer and such information shall be provided in the format as requested by NoSweat.work and/or the Buyer in their sole and absolute discretion

6.2. Unless otherwise stipulated in writing by NoSweat.work, the Seller shall submit the timesheet to NoSweat.work by no later than 48 hours following the day in which the Seller is engaged and/or appointed by the Buyer.

6.3. On receipt of the timesheet submitted by the Seller, NoSweat.work shall forward same onto you for your approval.

6.4. You shall be afforded 2 business days to review and accept the timesheet submitted. In the event that you do not reject the timesheet within the 2 business days referred to in this clause, then you will be deemed to have accepted the timesheet.

6.5. On your acceptance of the timesheet, or on the lapsing of the time period referred to in clause 6.4 above, and in accordance of clause 5 above, NoSweat.work will generate an invoice setting out the Fees payable by you to NoSweat. work.

6.6. In the event that there is a dispute between the Seller and the Buyer relating to the hours recorded on the timesheet then NoSweat.work shall act as an arbitrator in determining the actual hours that should be recorded on a particular timesheet. NoSweat.work’s decision in regard to the actual hours on a particular timesheet shall be final and binding on all the parties and you shall be liable to make payment of the invoice generated in respect of that timesheet.

Basically

The freelancers have agreed to give us the hours/days/months/lifetimes worked in a timely fashion. We will then send the times through to you and you will have 48 hours to check them, if we don’t hear from you we assume all is well and we will invoice you. If you don’t agree, NoSweat will put on it’s referees outfit and help sort it out.

7. Copyright

7.1. The Seller has acknowledged and agrees that it shall acquire no right, title or interest in any material made available to it by you from time to time in whatsoever form (“Material”).

7.2. Save with the written consent of the Buyer, which consent may be withheld at the sole discretion of the Buyer, the Seller shall not at any time, copy, duplicate or reproduce in any manner or form, the Material, or any part thereof, or make any adaptations or translations of such Material.

7.3. The copyright in any Material prepared or created by the Seller pursuant to these Terms and Conditions shall be the property of the Buyer, notwithstanding termination hereof, unless otherwise expressly agreed in writing by the Buyer. The Seller has resigned all right, title and interest in and to same to the Buyer. The Seller has further undertaken, as and when requested by the Buyer, to execute all such instruments and to do all such things as may be necessary to vest copyright and ownership of such Material in the Buyer and in the event of the Seller failing to comply promptly with any such request by the Buyer, it hereby irrevocably nominates, constitutes and appoints the Buyer to be its agent, with power to sign all such documents and do all such other acts, matters and things as may be necessary to give due and proper effect to the terms of this clause.

Basically

Our freelancers have agreed, that whatever material, in what ever format, you supply to them, belongs to you and only you. They will not copy it, take it home or to the pub or sell it for extra fun money, unless you specify otherwise, in writing, in triplicate, and witnessed, by an army of expensive lawyers!

8. Duties of the Buyer

8.1. You agree to advise and assist the Buyer with respect to all aspects of the Services and in the performance of such duties you shall comply with all requests and directions of the Buyer including, but not limited to ensuring that you at all times adhere to the standard health, safety and security procedures and any other policies, procedures and guidelines (“Buyer Policies”) applicable to the Buyer’s personnel, as varied by the Buyer to from time to time provided that the Buyer has provided you with copies of same.

8.2. Should the Buyer at any time have reason to believe that the Seller is failing to comply with such Buyer Policies, then the Buyer shall be entitled to deny such Seller access to any or all of the Buyer’s premises and/or computer systems and networks as the case may be.

8.3. The Seller shall not accept any gifts from any person as an inducement or consideration for doing or refraining from doing anything in relation to the Buyer’s business and/ or affairs.

8.4. Services rendered to the Buyer’s in terms of these terms and conditions shall be of a quality that can reasonably be expected of experts in the field in which the Sellers renders services.

Basically

9. Confidentiality

9.1. Buyer and Seller must treat and hold as confidential all information which they may receive from the other party Buyers Terms and Conditions of NoSweat.work Page 3 of 6 or which becomes known to them during the currency of this Agreement (“Confidential Information”).

9.2. Buyer and Seller agree to keep all Confidential Information confidential and to disclose it only to their officers, directors, employees, consultants and professional advisers who:

9.2.1. have a need to know (and then only to the extent that each such person has a need to know);

9.2.2. are aware that the Confidential Information should be kept confidential;

9.2.3. are aware of the receiving party’s undertaking in relation to such information in terms of this Agreement; and

9.2.4. have been directed by the receiving party to keep the Confidential Information confidential and have undertaken to keep the Confidential Information confidential.

9.3. The aforegoing obligations shall not apply to any information which:

9.3.1. is lawfully in the public domain at the time of disclosure;

9.3.2. subsequently and lawfully becomes part of the public domain by publication or otherwise;

9.3.3. subsequently becomes available to the receiving Party from a source other than the disclosing party, which source is lawfully entitled without any restriction on disclosure to disclose such Confidential Information; or

9.3.4. is disclosed pursuant to a requirement or request by operation of law, regulation or court order.

Basically

Simply put, any information you receive from the freelancer while they are doing work for you, has to be treated as confidential. You cannot share it with anyone outside your environment, and even then, only with people in the environment that need to know about it. Only information that is already “in the public domain” meaning everyone already knows about it, el Presidente is a liar for example, is okay to bandy about.

10. Termination of Purchase Order

10.1. Save as otherwise provided for herein, should either the Seller or the Buyer (“the Defaulting Party”) commit a breach of these Terms and Conditions, and fail to remedy such breach within 14 days of having been called upon in writing by the other party (“the Aggrieved Party”) to do so then the Aggrieved Party may, in its discretion, terminate the agreement on written notice to the Defaulting Party, in which event such termination shall be without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party occasioned by the termination of these Buyers Terms in terms of this clause.

Basically

In a nutshell, if you or the freelancer don’t play by the rules, the one being naughty has 14 days to correct their behavior, after they have been told in writing to do so, or else the game is over. No going past go, no collecting R200, you get the idea.

11. Effect of Termination of Purchase Order

11.1. The Seller shall, within 7 days of termination of these Buyers Terms, deliver up to the Buyer all correspondence, Material and property belonging to the Buyer which may be in its possession or under its control, or in the possession of any of its personnel or under their control, together with all Confidential Information or copyright works specified in the remaining terms and conditions of this document.

Basically

Our freelancers have agreed that, should you end the relationship (It’s not you it’s me, I promise) for any reason, they are bound to give you back all your stuff. Think of it as you having the better end of the pre-nup.

12. Status of the Seller on Termination of Purchase Order

12.1. The Seller is not an employee of the Buyer, but an independent contractor, and any termination of these Buyers Terms, for whatsoever reason, shall not constitute unfair dismissal nor shall the Seller be entitled to the payment of any redundancy or other compensatory payments on occurrence of the same.

Basically

The freelancers are not employed by you, and they know this so if you ask them to leave, you are not obliged to compensate them for any work not already done. They cannot cry foul, throw a hissy fit or take you to the labour court.

13. Relationship of the parties and Duty of Good Faith

13.1. Nothing in these Buyers Terms shall be construed as creating a partnership between the Seller and the Buyer and neither party shall have any authority to incur any liability on behalf of the other or to pledge the credit of the other party

13.2. The parties shall at all times owe each other a duty of good faith and shall, in all dealings with each other and in respect of the Services observe standards of the utmost good faith.

Basically

You and the freelancer do not have a legal business partnership, neither one of you can involve the other party in any credit or other such agreement, and you shall deal with each other in good faith.

14. Your NoSweat.work Buyer Entity

14.1. In order to access and make use of the Platform you must register as a Buyer (“Buyer Entity”).

14.2. In order to register a Buyer Entity you must be a lawfully registered business, company, sole proprietor, government, partnership or firm of any kind (“Business”) and capable of making use of the NoSweat.work Platform and the NoSweat.work.

14.3. In order for you to register a Buyer Entity on the NoSweat.work Platform on behalf of a Business you must be a lawful and duly authorised representative of the Business, capable of binding the Business to these Buyers Terms;

14.4. In registering your Business Entity you will be required to create a username and a password, as well as input other details that are dealt with below under privacy. When creating or registering your Business Entity you must:

14.4.1. only create a Business Profile for your business, and not for, or on behalf of, any other person;

14.4.2. not pretend to be, or misrepresent yourself or your business as any other person; and

14.4.3. not create a username that is the name of any other person, vulgar, offensive or in any way unlawful.

14.5. Your Business Entity must be password protected and you are solely responsible for safeguarding your password. NoSweat.work encourages you to make use of an alphanumeric password.

14.6. Your password may not be given to, or used by, any other person other than you and you are solely responsible and liable for the access and use of your Business Entity.

14.7. As soon as you become aware of the use of your Business Entity by any other person you must immediately notify NoSweat.work of such use, in writing, by sending an email to webguy@nosweat.work

Basically

For starters you need to 18 years or older to interact with NoSweat. You also need to be an an authorized agent of the company you represent. Lastly, your password is important, don’t share it, give it or donate it to anyone, and if you think someone else has got hold of it, let us know immediately.

15. Content

15.1. Any Content that you post, display or share can be accessed and viewed by the public on the NoSweat.work Platform, as well as through third party services and websites.

15.2. You should only provide Content that you know and believe will not infringe the rights of any other person. You are solely responsible for any Content posted, shared or viewable on your Business Entity, or on the NoSweat.work Platform, including the use of, or reliance on, such Content by other users and any third parties.

15.3. You understand that the Content may be broadcast, distributed, or published by other users and third parties and you specifically warrant and represent that you have the right to submit the Content for such use.

15.4. Any use of, or reliance on, any Content posted via the NoSweat.work Platform or obtained by you through the NoSweat.work Platform is at your own risk.

15.5. You understand that by using the NoSweat.work Platform, you may be exposed to Content, generated by you, users or third parties that might be offensive, harmful, unlawful, inaccurate, inappropriate, mislabelled, or deceptive (“Infringing Content”).

15.6. As soon as you become aware of any Infringing Content being posted, shared, or viewable on your Buyer Entity, or as soon as you receive a request from any other user, or from NoSweat.work, that such Infringing Content Buyers Terms and Conditions of NoSweat.work Page 4 of 6 should be corrected, deleted or removed from your Business Entity, you must immediately correct, delete or remove the Infringing Content. NoSweat.work reserves the right to delete any Content from your Business Entity, where such Content is in NoSweat.work’s sole discretion Infringing Content. NoSweat.work cannot take responsibility, or be liable, for any Infringing Content, or the removal or deletion thereof.

15.7. As a result of this you will always remain solely liable for any harm, loss or consequence of the Content, including Infringing Content, that you, or any other person (whether authorised by you or not), have posted, shared or displayed on the NoSweat.work Platform via your Business Entity, or otherwise. Under no circumstances will NoSweat.work be liable in any way for any Content, including Infringing Content, and shall not be liable for or any harm, loss or damage of any kind whatsoever incurred by you, or any person at all, as a result of the access of, use of, or reliance on, such Content posted, emailed, transmitted or otherwise made available via the NoSweat.work Platform or elsewhere. As a result, where applicable and in NoSweat.work’s sole and absolute discretion, NoSweat.work is deemed to be an innocent disseminator of your Content.

Basically

Any content that you post will be accessible to the public. As such it may not be unlawful, (like shooting your mother-in-law, tempting as it may be) offensive (anything resembling M&M’s lyrics) harmful (anything sounding like Justin Bieber) inaccurate (almost anything coming out of Hlaudi Motsoeneng’s mouth) inappropriate (almost anything coming out of Howard Sterns mouth) mislabeled (military intelligence) or deceptive ("Congratulations you have been awarded R450 000 in the Omo promotion, please send you bank details including you pin, ID Number and address...). If you come across any such content, you need to alert NoSweat post-haste. If it was you who posted such content you will be asked to remove it, if you don’t, we will. Lastly you remain responsible for what you post!

16. Your rights and privacy

16.1. You retain your rights to any Content you submit, post or display on or through the NoSweat.work Platform. By submitting, posting or displaying Content on or through the NoSweat.work Platform, you grant NoSweat.work and its licensors a worldwide, fully paid up, non-exclusive, royaltyfree,sub-licensable license, to use, copy, reproduce, process, adapt, modify, publish, create derivative works from, transmit, display and distribute such Content in any media and/or via any method, including using your details and name in any marketing that NoSweat.work undertakes of the NoSweat.work Platform.

16.2. You agree that this license includes the right for NoSweat.work to provide, promote and improve the NoSweat.work Platform and to make Content submitted to or through the NoSweat.work Platform available to other companies, businesses, organizations or individuals for the broadcast, distribution or publication of such Content on other media and services. You agree, acknowledge specifically consent that the purpose of the NoSweat.work Platform is to enable you to properly promote you and your business to third parties and this requires NoSweat.work to transmit your information, personal or otherwise to such additional third parties to achieve this purpose. This additional use by NoSweat.work, or other companies, businesses, organizations or individuals, may be done with no obligation, whatsoever, to compensate you. Should you have any queries in this regard kindly contact NoSweat.work.

Basically

Whatever you post ultimately remains yours, but by posting it you are giving NoSweat the right to use the material for, amongst others, marketing purposes. We also need to make your information available to the freelancers in order to try and get the work done for you. If you don’t allow us to send your details to freelancers, they won’t know who you are.

17. Your license to use the NoSweat.work services

17.1. NoSweat.work grants you, as a business, a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the NoSweat.work Platform. This license is for the sole purpose of enabling you to use and enjoy the benefits of the NoSweat.work Platform and the NoSweat.work Services, as provided by NoSweat.work and always subject to these Buyers Terms

17.2. Your access to or use of any information relating to any users or third parties who access or make use of your Content must at all times comply with any and all applicable personal privacy, information and/or data privacy laws, regulations, policies and directives applicable to you. NoSweat.work will not be liable in anyway whatsoever for any non-compliance by you with any applicable personal privacy, information and/or data privacy laws, regulations, policies and directives.

Basically

You, as the representative of your task masters, are allowed to use the NoSweat platform, free of charge and from anywhere in the world. You must, however, abide by any laws with regard to personal privacy, information privacy and data privacy. We cannot be held responsible if you break the rules.

18. NoSweat.work Rights

18.1. All right, title, and interest in and to the NoSweat.work Platform, but excluding Content provided by you and users, are and will remain the exclusive property of NoSweat. work and its licensors. The NoSweat.work Platform is the intellectual property of NoSweat.work and its licensors and is therefore protected by all manner and forms of intellectual property rights, including, but not limited to trade marks, service marks, design rights, database rights, moral rights, copyright (including all copyright in any designs and computer software), source codes, object codes, knowhow, trade or business names and other similar rights or obligations, whether capable of registration or not, but including any right to register same.

18.2. Nothing in these Buyers Terms gives you the right to use the NoSweat.work’s name or any of the NoSweat.work’s trademarks, logos, domain names, and other brand information or features.

18.3. Should you provide NoSweat.work with any feedback, comments, or suggestions you provide regarding NoSweat.work or the NoSweat.work Platform, you do so at your discretion and, without any obligation to do so, NoSweat. work is, in its sole discretion, free to use such feedback, comments or suggestions in any manner it wishes.

18.4. You also grant NoSweat.work and its licensors a worldwide, non-exclusive right to use and display your business name, logos and trademarks in any promotional materials, including, but not limited to on the NoSweat.work Platform.

Basically

Simply put, it is our system. We designed it, built it and look after it, and as such it is ours, so you may not copy any part of it, including our logos. Content that you put on the site remains yours as discussed a little earlier. If you make any comments, which you may or may not do, we are allowed to use those comments to improve, make changes or publish as we would like.

19. Your use of the NoSweat.work Platform

19.1. While you are using or accessing the NoSweat.work Platform and the NoSweat.work Services you may not:

19.1.1. post, share, or provide any false, inaccurate, defamatory or misleading Content via the NoSweat.work Platform or the NoSweat.work Services;

19.1.2. access, tamper with, or use NoSweat.work computer systems, or any technical delivery systems;

19.1.3. test, scan or probe, or introduce any destructive, malicious or backdoor element or code into, any system, Sellers Terms and Conditions of NoSweat.work database or network;

19.1.4. breach, circumvent, or attempt to breach or circumvent any security or authentication protocols, measures or procedures;

19.1.5. access or search or attempt to access or search the NoSweat.work Platform by any means other than through the currently available, published interfaces that are provided by NoSweat.work;

19.1.6. interfere with, or disrupt, the access of any user, host or network.

19.2. As stated above, your use of the NoSweat.work Platform and the NoSweat.work Services is subject to these Sellers Terms and as a result NoSweat.work may cancel and/ or delete your Sellers Entity, as well as any Content, at any time, without notice to you, and without any relief or remedy against NoSweat.work, should NoSweat.work be of the opinion, in NoSweat.work’s sole discretion, that you:

19.2.1. have not complied with or have breached these Sellers Terms; or

19.2.2. could possibly expose NoSweat.work to any form of liability; or

19.2.3. NoSweat.work’s right to provide you with the NoSweat.work Platform or the NoSweat.work Services, or any component thereof is suspended or terminated; or

19.2.4. the provision of the NoSweat.work Platform or the NoSweat.work Services is no longer commercially viable.

19.3. NoSweat.work also reserves the right to access, read, save, store, transfer and disclose any information as it reasonably believes is necessary in order to:

19.3.1. comply with any applicable law, regulation, legal process or request;

19.3.2. enforce these Sellers Terms and to investigate potential non-compliance with these Sellers Terms;

19.3.3. detect, prevent, or address fraud, security or technical issues;

19.3.4. respond to your support requests; or

19.3.5. protect the rights, property or safety of NoSweat.work, users and the public.

19.4. the NoSweat.work Platform is provided “As Is” and “As Available” and your access and use of the NoSweat.work Platform or the NoSweat.work Services is solely at your own risk.

19.5. NoSweat.work may stop providing the NoSweat.work Platform, the NoSweat.work Services, or any features of the NoSweat.work, to you or to users generally without prior notice. NoSweat.work also retains the right to create limits on use and storage at any time without prior notice to you.

19.6. You agree that the NoSweat.work Platform may include advertisements by NoSweat.work or any third parties, which may be targeted to the Content, or other information on the NoSweat.work Platform, submitted by you or others, or queries made through the NoSweat.work Platform.

Basically

This is a slightly longer one, so grab a beer (you are at least 18 or you should have stopped reading at point 14) and a seat. Firstly, don’t tell any porky pies via our website, it’s not nice. Secondly, no hackers allowed, you are not Hugh Jackman in Swordfish (if you are Hugh Jackman can I please have you autograph, my wife will love me forever) so don’t try and get into the nitty-gritty of our website or programs in any way whatsoever. We will also cancel your use of the nosweat.work platform if you do any of the above, or if you get us into hot water via your actions. This point is so important, we decided to write a poem about it: There was once a hacker named Hugh; who wrote a line of code, or a few; the people at noSweat got mad; so they called Chuck, and it ended bad; for Hugh. We also have the right to disclose information in the event that the law requires it, or to prevent fraud, or to protect the rights of nosweat.work, its users, and the public in general. Lastly the site is available to you, as it is.

20. Non Solicitation

20.1. You shall not, other than through the NoSweat.work Platform or without the prior written consent of NoSweat.work, either during, or within 12 (twelve) months of the termination of these Buyers Terms, engage, contract, employ or otherwise solicit for employment whether directly or indirectly, any person who is a Seller. To the extent that you contract, engage or employ a Seller and NoSweat.work:

20.1.1. consents to any such appointment, you shall pay NoSweat.work a recruitment fee equal to 12.5% of the gross annual package or total contract value (including any quantifiable bonuses or incentives and annualised if necessary (if the engagement of seller is less than 12 (twelve) months) paid by you to the seller concerned (“Gross Package”); or

20.1.2. does not consent to any such appointment, you shall, on written demand from NoSweat.work, pay NoSweat.work a recruitment fee equal to 100% of the Gross Package of the seller

20.2. Any amount payable in terms of clause 20.1 above shall be payable within 14 (fourteen) days of commencement of such seller’s appointment by you.

Basically

This one is quite easy. If we introduce you to a freelancer, and at any time in the 12 months after you met each other, you offer to employ said freelancer in a part or fulltime position, you need to tell us. As we made the introductions, and are now saying goodbye to one of our valuable resources, there is a placement fee of 13.5% of whatever nice big annual salary you offer the freelancer, and it should be big because you think they are great, why else would you be employing them!

21. Warranties and disclaimers

21.1. Other than those warranties expressly provided in these Buyers Terms, NoSweat.work, its subsidiaries, affiliates, related companies, shareholders, officers, directors, employees, agents, representatives, partners, and licensors (“NoSweat.work Group”) hereby disclaim all warranties, whether express or implied, to the maximum extent permitted under applicable law.

21.1. The NoSweat.work Group makes no warranty and disclaims all liability regarding:

21.1.1. the completeness, accuracy, availability, timeliness, security or reliability of the NoSweat.work Platform or the NoSweat.work Services or any Content;

21.1.2. the deletion of, or the failure to store or to transmit any Content;

21.1.3. whether the NoSweat.work Platform, or the NoSweat.work Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and

21.1.4. the availability or accuracy third-party websites or resources as well as the Content, products, or services on or available from such websites or resources.

Basically

Okay, here we are saying that we cannot provide any guarantees as to the reliability or up-time of our website, the protection of the information on the site (from being deleted or lost), or that the site will be 100% error free. We will try our best, but we can’t promise.

22. Limitation of Liability

22.1. Notwithstanding the form (whether in contract, delict, or otherwise) in which any legal action may be brought, and subject to the rest of these Buyers Terms, The NoSweat. work Group’s maximum liability for general and/or direct damages for any wilful or negligent misconduct or omission, shall be limited to 50% of the Fees paid by you over the period of 2 months preceding the date that the relevant cause of action first arose. Such maximum amount shall be an aggregate amount for any and all claims.

22.2. The NoSweat.work Group shall not be liable for any loss of profits, goodwill, business, clients, contracts, revenue, investment return, investment performance the use of money, contractual penalties imposed by third parties, anticipated savings or data (whether such loss is direct, indirect, consequential or otherwise); or any special, indirect or consequential loss and such liability is excluded whether it is foreseen, foreseeable, known or otherwise.

22.3. You hereby agree to indemnify, defend and hold The NoSweat.work Group harmless against any and all damages, claims, costs or losses, whether direct or indirect incurred by The NoSweat.work Group arising out of any action or claim by any user and/or third party in respect of your, or any other person through your Buyer Entity, access, use or misuse of the NoSweat.work Platform, or the NoSweat.work Services, or Content, including, but not limited to any copyright infringement or Infringing Content.

Basically

In the highly unlikely event we mess up, we will be liable for a maximum of 50% of what we would have owed you over the two months leading up to the highly unlikely incident. If a third party causes any problems for you, we cannot be held responsible.

23. Termination

23.1. These Buyers Terms shall continue to apply to your use of and access to the NoSweat.work Platform or the NoSweat.work Services until the earlier of:

23.1.1. you deleting or deactivating your Buyer Entity and no longer making use of or accessing the NoSweat. work Platform or the NoSweat.work Services;

23.1.2. NoSweat.work deleting or deactivating your Buyer Entity;

23.1.3. NoSweat.work ceasing to provide you with the NoSweat.work Platform or the NoSweat.work Services for any reason whatsoever

23.2. These Buyers Terms may, however, not be terminated by you for so long as you are engaged with a Seller.

23.3. Upon termination of these Buyers Terms, you shall immediately cease to use the NoSweat.work Platform and the NoSweat.work Services and shall be liable for any and all outstanding Fees or other amounts owing to NoSweat. work.

23.4. Save as otherwise provided for herein, should either Party (“the Defaulting Party”) commit a breach of this Agreement, and fail to remedy such breach within 14 days of having been called upon in writing by the other Party (“the Aggrieved Party”) to do so then the Aggrieved Party may, in its discretion, terminate this Agreement on written notice to the Defaulting Party, in which event such termination shall be without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party Buyers Terms and Conditions of NoSweat.work Page 6 of 6 occasioned by the termination of this Agreement in terms of this clause.

23.5. NoSweat.work shall at all times have the right to change, limit or discontinue the provision of the NoSweat.work Platform or the NoSweat.work Services, or components thereof, without prior notice to you and without any recourse or remedy against NoSweat.work.

Basically

Unless you delete your profile, or we delete it for you because you were naughty and did something you shouldn’t have, or we ban you from the platform for the same reasons, you need to play by these rules above. You also need to know that we might need to change the way the platform works from time to time.

24. Interpretation and General Terms

24.1. The rule of construction that an agreement shall be interpreted against the party responsible for the drafting or preparation thereof, shall not apply.

24.2. The term “including” (or any derivation thereof) shall mean “including, without limitation” (or as appropriate based on the derivative used in the particular context). Where the term “including” (or any derivation thereof) is used followed by specific examples, such examples will be interpreted to be illustrative only and shall not be construed as limiting the meaning of the general wording preceding it. Accordingly the eiusdem generis rule shall not apply

24.3. Terms other than those defined within these Buyers Terms will be given their plain English meaning, and those terms, acronyms, and phrases known in general commercial or industry specific practice, will be interpreted in accordance with their generally accepted meanings.

24.4. These Buyers Terms constitutes the entire agreement between you and NoSweat.work in respect of the subject matter hereof and NoSweat.work shall not be bound by any undertakings, representations, warranties or promises not recorded in these Buyers Terms.

24.5. NoSweat.work shall be entitled to sub-contract any part or all of its obligations in terms of these Business Terms to third parties.

24.6. No variation or waiver of any of the terms and conditions of these Buyers Terms will be binding or effectual for any purpose unless expressed in writing by a duly authorised representative of NoSweat.work, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of NoSweat.work in exercising any right, power or privilege contained herein will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

24.7. NoSweat.work may at any time and in their sole and absolute discretion amend, vary or alter these Buyers Terms (“Amended Terms”) and shall republish the Amended Terms to the NoSweat.work website. Your continued access and/or use of the NoSweat.work Platform and/or the NoSweat.work Services will be deemed to be your acknowledgement and acceptance of the Amended Terms.

24.8. Should any of the terms and conditions of these Buyers Terms be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable. If any term or condition held to be invalid is capable of amendment to render it valid, will publish an amendment to remove the invalidity.

24.9. Any notice required to be given hereunder shall be sufficiently given to you if delivered and received by you at your principal place of business, as recorded by you on your Buyer Entity. Every notice shall be deemed to have been received and given at the time when in the ordinary course of transmission it should have been delivered at the address to which it was sent.

24.10. Irrespective of whether or not these Buyers Terms have been terminated lawfully of not, the provisions of all clauses shall continue to apply independently and indefinitely.

24.11. These Buyers Terms will be governed by and construed in accordance with the law of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.

Basically

This is all the legalese, where they say things like “including” means “including without limitation” so it’s a hard one to squeeze into a few lines, so please read it. What it all boils down to is that if you stick to all of the stuff above, none of this is ever likely to be necessary.

NoSweat Work is a freelance placement and engagement management platform.

We help buyers find freelancers for their overflow work or for once-off projects. After placement we manage the engagement from start to end for the best outcome for both buyer and freelancer.

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Reg No: 2009 / 090625 / 23

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