For starters you need to 18 years or older to interact with NS.work. You also need to be an an authorised 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 NS.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 NS.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 NS.work Platform or obtained by you through the NS.work Platform is at your own risk.
15.5. You understand that by using the NS.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 Client Entity, or as soon as you receive a request from any other user, or from NS.work, that such Infringing Content Client Terms and Conditions of NS.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. NS.work reserves the right to delete any Content from your Business Entity, where such Content is in NS.work’s sole discretion Infringing Content. NS.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 NS.work Platform via your Business Entity, or otherwise. Under no circumstances will NS.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 NS.work Platform or elsewhere. As a result, where applicable and in NS.work’s sole and absolute discretion, NS.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 NS.work 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 NS.work Platform. By submitting, posting or displaying Content on or through the NS.work Platform, you grant NS.work and its licensors a worldwide, fully paid up, non-exclusive, royalty-free, 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 NS.work undertakes of the NS.work Platform.
16.2. You agree that this license includes the right for NS.work to provide, promote and improve the NS.work Platform and to make Content submitted to or through the NS.work Platform available to other companies, businesses, organisations 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 NS.work Platform is to enable you to properly promote you and your business to third parties and this requires NS.work to transmit your information, personal or otherwise to such additional third parties to achieve this purpose. This additional use by NS.work, or other companies, businesses, organisations or individuals, may be done with no obligation, whatsoever, to compensate you. Should you have any queries in this regard kindly contact NS.work.
Basically
Whatever you post ultimately remains yours, but by posting it you are giving NS.work 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 NS.work services
17.1. NS.work grants you, as a business, a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the NS.work Platform. This license is for the sole purpose of enabling you to use and enjoy the benefits of the NS.work Platform and the NS.work Services, as provided by NS.work and always subject to these Client 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. NS.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. NS.work Rights
18.1. All right, title, and interest in and to the NS.work Platform, but excluding Content provided by you and Candidates, are and will remain the exclusive property of NS.work and its licensors. The NS.work Platform is the intellectual property of NS.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 Client Terms gives you the right to use the NS.work’s name or any of the NS.work’s trademarks, logos, domain names, and other brand information or features.
18.3. Should you provide NS.work with any feedback, comments, or suggestions you provide regarding NS.work or the NS.work Platform, you do so at your discretion and, without any obligation to do so, NS.work is, in its sole discretion, free to use such feedback, comments or suggestions in any manner it wishes.
18.4. You also grant NS.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 NS.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.
21. Warranties and disclaimers
21.1. Other than those warranties expressly provided in these Client 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.
21.1. The NS.work Group makes no warranty and disclaims all liability regarding:
21.1.1. the completeness, accuracy, availability, timeliness, security or reliability of the NS.work Platform or the NS.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 NS.work Platform, or the NS.work Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and
21.1.4. 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 Clients Terms, The NS.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 NS.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 NS.work Group harmless against any and all damages, claims, costs or losses, whether direct or indirect incurred by The NS.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 NS.work Platform, or the NS.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 Client 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 Client 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 Client Entity;
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 Client Terms may, however, not be terminated by you for so long as you are engaged with a Candidate.
23.3. Upon termination of these Client 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 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 Client Terms and Conditions of NS.work Page 6 of 6 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 Client 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 Client 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 Client Terms.
24.5. NS.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 Client 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 Client Terms (“Amended Terms”) and shall republish the Amended Terms to the 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 Client 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 Client 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 Client Terms have been terminated lawfully of not, the provisions of all clauses shall continue to apply independently and indefinitely.
24.11. These Client 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.