19. Your use of the NS.work Platform
19.1 While you are using or accessing the NS.work Platform and the NS.work Services you may not:
19.1.1. post, share, or provide any false, inaccurate, defamatory or misleading Content via the NS.work Platform or the NS.work Services;
19.1.2. access, tamper with, or use NS.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 NS.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 NS.work Platform by any means other than through the currently available, published interfaces that are provided by NS.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 NS.work Platform and the NS.work Services is subject to these Candidate Terms and as a result NS.work may cancel and/ or delete your Candidate Portal, as well as any Content, at any time, without notice to you, and without any relief or remedy against NS.work, should NS.work be of the opinion, in NS.work’s sole discretion, that you:
19.2.1. have not complied with or have breached these Candidate Terms; or
19.2.2. could possibly expose NS Work to any form of liability; or
19.2.3. NS.work’s right to provide you with the NS.work Platform or the NS.work Services, or any component thereof is suspended or terminated; or
19.2.4. the provision of the NS.work Platform or the NS.work services is no longer commercially viable.
19.3 NS 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 Candidate 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 NS.work Platform is provided “As Is” and “As Available” and your access and use of the NS.work Platform or the NS.work Services is solely at your own risk.
19.5. NS.work may stop providing the NS.work Platform, the NS.work Services, or any features of the NS.work, to you or to users generally without prior notice. NS.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 NS.work Platform may include advertisements by NS.work or any third parties, which may be targeted to the Content, or other information on the NS.work Platform, submitted by you or others, or queries made through the NS.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 NS.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 NS Work 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 NS.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 NS.work Platform or without the prior written consent of NS.work, either during, or within 12 (twelve) months of the termination of these Candidates Terms, engage, contract, be employed or otherwise solicit or be solicited for employment whether directly or indirectly, with or by any person who is a Client. To the extent that if you contract, engage or are employed by a Client and NS.work:
20.1.1. consents to any such appointment, you understand and agree that the relevant Client shall pay NS.work a recruitment fee equal to 10% of the your gross annual package or total contract value (including any quantifiable bonuses or incentives and annualised if necessary (if the your engagement is less than 12 (twelve) months) paid by the Client to you (“Gross Package”); or
20.1.2. does not consent to any such appointment, you understand and agree that the relevant Buyer shall, on written demand from NS.work, pay NS.work a recruitment fee equal to 100% of your Gross Package.
20.2.Any amount payable in terms of clause 20.1 above shall be payable within 14 (fourteen) days of commencement of your relationship with the Client
20.3 You undertake and agree that you shall ensure that any Client is aware of the provisions of this clause 20 prior to your engagement with them and that in the event that you do not inform the Client of the provisions of this clause 20 then you acknowledge and agree that you may, in NS.work’s sole discretion, be personally liable to make the payments referred to in this clause 20 to NS.work should NS.work demand same from you.
Basically
This one is quite easy. If we introduce you to a client, and at anytime in the 12 months after you met each other, the client offers to employ you, you need to tell them that they owe NS Work a placement fee. The placement fee is 10% of whatever nice big annual salary they offer you, so play nice and negotiate a HUGE salary, and a fat bonus, it’s good for all of us.
21. Warranties and disclaimers
21.1 Other than those warranties expressly provided in these Talent Terms, NS.work, its subsidiaries, affiliates, related companies, shareholders, officers, directors, employees, agents, representatives, partners, and licensors (“NS.work Group”) hereby disclaim all warranties, whether express or implied, to the maximum extent permitted under applicable law.
21.2 The NS.work Group makes no warranty and disclaims all liability regarding:
21.2.1. the completeness, accuracy, availability, timeliness, security or reliability of the NS.work Platform or the NS.work Services or any Content;
21.2.2. the deletion of, or the failure to store or to transmit any Content;
21.2.3. whether the NS.work Platform, or the NS.work Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and
21.2.4. 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 Talent Terms, NS.work'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 NS.work to 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 NS.work 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 NS.work harmless against any and all damages, claims, costs or losses, whether direct or indirect incurred by NS.work arising out of any action or claim by any user, Client and/or third party in respect of your, or any other person through your Candidate Portal, access, use or misuse of the NS.work Platform, or Content, including, but not limited to any copyright infringement or Infringing Content, as well as any breach by you of the Candidate Terms.
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 Candidate Terms shall continue to apply to your use of and access to the NS.work Platform or the NS.work Services until the earlier of:
23.1.1. You deleting or deactivating your Candidate Entity and no longer making use of or accessing the NS.work Platform or the NS.work Services;
23.1.2. NS.work deleting or deactivating your Candidate Portal;
23.1.3. NS.work ceasing to provide you with the NS.work Platform or the NS.work Services for any reason whatsoever.
23.2. These Candidate Terms may, however, not be terminated by you for so long as you are engaged by a Client.
23.3 Upon termination of these Candidate Terms, you shall immediately cease to use the NS.work Platform and the NS.work Services and shall be liable for any and all outstanding Fees or other amounts owing to NS.work.
23.4. Save as otherwise provided for herein, should either Party (“the Defaulting Party”) commit a breach of these Candidate Terms, 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 these Candidate Terms 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 this Agreement in terms of this clause.
23.5 NS.work shall at all times have the right to change, limit or discontinue the provision of the NS.work Platform or the NS.work Services, or components thereof, without prior notice to you and without any recourse or remedy against NS.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 Candidate 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 Candidate Terms constitutes the entire agreement between you and NS.work in respect of the subject matter hereof and NS.work shall not be bound by any undertakings, representations, warranties or promises not recorded in these Candidate Terms.
24.5 NS.work shall be entitled to sub-contract any part or all of its obligations in terms of these Candidate Terms to third parties.
24.6 No variation or waiver of any of the terms and conditions of these Candidate Terms will be binding or effectual for any purpose unless expressed in writing by a duly authorised representative of NS.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 NS.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 NS.work may at any time and in their sole and absolute discretion amend, vary or alter these Candidate Terms (“Amended Terms”) and shall republish the Amended Terms to NS.work website. Your continued access and/or use of the NS.work Platform and/or the NS.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 Talent 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, NS.work 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 Talent 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 Candidate Terms have been terminated lawfully of not, the provisions of all clauses shall continue to apply independently and indefinitely.
24.11 These Candidate 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 do your job and do it well, none of this is ever likely to be necessary.