Candidate terms.
The following outlines the terms of use of the No Sweat Work Media website. Before using any of the No Sweat Work Media services, you are required to read, understand, and agree to these terms.
1. Introduction
1.1 These Terms and Conditions for freelancers or people looking for work on the No Sweat Work Media platform are referred to as “Candidate Terms.” The Candidate Terms regulate your access to and use of the services provided by No Sweat Work Media cc, any subsidiary or holding company of No Sweat Work Media cc, their staff, contractors, agents, directors, shareholders, licensors, and/or licensees (“No Sweat Work Media”), through the various No Sweat Work Media platforms, and include, without limitation, websites, web pages, mobile applications, software applications, programs, and notifications, as provided by No Sweat Work Media from time to time (“No Sweat Work Media Platform”), and any and all information, comments, content, data, text, graphics, photos, or other materials uploaded, downloaded, viewed, accessed, or appearing on the No Sweat Work Media Platform (“Content”).
1.2. You will hereinafter be referred to as (“you,” “your,” and/or “Candidate”).
2. Acceptance of Candidate Terms
2.1 By accessing or making use of the No Sweat Work Media Platform, including accessing any Content, you agree that you have read and understood these Candidate Terms and agree to be bound by these Candidate Terms, as well as any other policies, guidelines, rules, and procedures published by No Sweat Work Media from time to time.
3. The No Sweat Work Media Platform and the Relationship Between the Parties
3.1 The No Sweat Work Media Platform allows you to engage with potential people, organizations, and companies that you may work with and/or be appointed on a limited-duration per project basis for the performance of specific outsourced tasks (“Clients”). As such, No Sweat Work Media, and through the No Sweat Work Media Platform, acts as a facilitator of the introduction between you and the Client. It is specifically recorded that No Sweat Work Media may, at its sole discretion, add or remove certain functionality from the No Sweat Work Media Platform. On this basis, No Sweat Work Media has no other obligations to you other than those that are contained in these Candidate Terms, specifically to provide you with access to the Clients that are registered on the No Sweat Work Media Platform.
3.2. It is specifically recorded that No Sweat Work Media similarly has a contractual relationship with the Client in that No Sweat Work Media introduces the Client to you and may provide the Client with certain additional services.
3.3. You acknowledge and agree that as No Sweat Work Media merely provides you with a platform to be introduced to potential Clients, No Sweat Work Media does not employ you or make any promise that you will be appointed or engaged by any Client. In the event that a Client wants to engage with you and/or appoint you, you shall adhere to all the terms and conditions in this document (“Candidate Terms”). You further acknowledge and agree that as a result, you will never be an employee of No Sweat Work Media nor of the Client unless the Client appoints you as such formally and the terms and conditions of this document are terminated and specifically superseded by an employment contract through a written agreement between the parties.
3.4. The “Candidate Terms” shall be determined by No Sweat Work Media in their sole and absolute discretion and shall only be amended with the written consent of No Sweat Work Media based on consultation with you and your specific requirements. Every engagement by you with a Client shall be as per these “Candidate Terms.” It is specifically recorded that you agree and undertake not to do any work for any No Sweat Work Media Clients unless you have concluded and/or agreed to the “Candidate Terms.”
3.5. No Sweat Work Media also cannot accept any responsibility for the truthfulness or accuracy of any information that a Client represents through the No Sweat Work Media Platform, and No Sweat Work Media is indemnified by you for any direct or indirect damages or losses caused by any misrepresentation of any kind made by a Client.
3.6. No Sweat Work Media may from time to time offer various paid and additional paid functionality relating to the No Sweat Work Media Platform, which includes but is not limited to, access to Client Profiles, facilitating your engagement with and/or appointment by a Client, and the management of the invoicing and billing processes between you and the Client, as well as the management of the content and execution of the “Candidate Terms.”
4. Duration, Cost Estimate, and Purchase Order
4.1 You will provide a cost estimate (“Cost Estimate”) to No Sweat Work Media identifying the following information:
4.1.1. The nature and scope of the Services and Project as you understand them;
4.1.2. The estimated duration of the Project;
4.1.3. The details of the person who will perform the actual work for the Client for the relevant cost estimate;
4.1.4. Depending on project billing type, the full project fee OR your applicable hourly, daily, or monthly rate at which you wish to be compensated for your proposed work, excluding any No Sweat Work Media fees;
4.1.5. Any other details required by No Sweat Work Media, in No Sweat Work Media’s discretion from time to time.
4.2. Once the Cost Estimate has been received by No Sweat Work Media, No Sweat Work Media shall notify the Client, and the Client may accept or reject your Cost Estimate. No Sweat Work Media shall notify you of the Client’s election as soon as is reasonably possible after receiving the same from the Client. In any event, the Client shall be afforded 15 days to accept or reject a proposed Cost Estimate from the time that No Sweat Work Media sends the same to the Client.
4.3. In the event that the Client rejects the proposed Cost Estimate from you, then the parties shall not enter into any agreement, and neither party shall have any claim 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.
4.4. In the event that the Client accepts the proposed Cost Estimate from you, then No Sweat Work Media will issue you a Purchase Order as per the Cost Estimate, save any alterations based on negotiations between you and the Client.
4.5. You will have 48 hours from the date and time that No Sweat Work Media sends you the Purchase Order to accept or reject your appointment by the Client. No Sweat Work Media shall notify the Client of your election as soon as is reasonably possible after receiving the same from you. In any event, you shall be afforded 48 hours to accept or reject the proposed Purchase Order from the time that No Sweat Work Media sends the same to you.
4.6. In the event that you reject the proposed Purchase Order from No Sweat Work Media, then the parties shall not enter into any agreement, and neither party shall have any claim 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.
4.7. The consideration payable to you shall be either:
4.7.1. The agreed project fee regardless of time spent as indicated on the No Sweat Work Media purchase order made out to you;
4.7.2. The hourly rate due to you as indicated on the No Sweat Work Media purchase order made out to you, calculated over each hour that you are appointed by, or engaged with the Client;
4.7.3. The daily rate due to you as indicated on the No Sweat Work Media purchase order made out to you, calculated over each day that you are appointed by, or engaged with the Client;
4.7.4. The monthly rate due to you as indicated on the No Sweat Work Media purchase order made out to you, calculated over each month that you are appointed by, or engaged with the Client.
4.8. The rate described in clause 4.7 will be the rate due to you (“Fees”) and is subject to statutory taxes to be deducted.
4.9. The Fees shall be invoiced to the Client and will include an additional percentage of the rate that is owed by the Client to No Sweat Work Media:
4.9.1. On a per job or hourly basis depending on the duration of the work, whichever is shorter in the case of hourly rates.
4.9.2. On a per job or daily basis depending on the duration of the work, whichever is shorter in the case of daily rates.
4.9.3. On a per job or monthly basis depending on the duration of the work, whichever is shorter in the case of monthly rates.
5. Invoicing and Payment
5.1 The amount due to you shall be calculated on a per project basis OR hourly, daily, or monthly as set out above in 4.7 and will be based on the time sheets submitted by you in respect of the time completed by you for that specific job as set out in clause 6 below.
5.2. The scope of the No Sweat Work Media Services that you will provide to the Client will be set out in a purchase order to you.
5.3. All Fees are payable to you in accordance with the agreed payment terms between No Sweat Work Media and the Client from time to time and are only payable to you once No Sweat Work Media has received full payment from the Client.
5.4. Any payment date reflected on your Purchase Order is merely indicative. Clause 5.3 is always in force meaning fees are only payable to you once No Sweat Work Media has received full payment from the Client.
5.5. All Fees exclude any applicable taxes.
5.6. If applicable, no Fee shall be chargeable for absence
6. Time Sheets
6.1 You undertake to properly and accurately record all hours and time utilized while providing the Services to the Client. Such information shall be provided in the format as requested by No Sweat Work Media and/or the Client at their sole discretion.
6.2 Unless otherwise stipulated in writing by No Sweat Work Media, you shall submit the time sheet to No Sweat Work Media no later than 48 hours following the day on which you have engaged and/or been appointed by the Client.
6.3 Upon receipt of the time sheet submitted by you, No Sweat Work Media shall forward it to the Client for approval.
6.4 The Client shall have 2 business days to review and accept the time sheet submitted. If the Client does not reject the time sheet within the 2 business days referred to in this clause, the Client will be deemed to have accepted the time sheet.
6.5 Upon acceptance of the time sheet, or upon the expiration of the time period referred to in clause 6.4, and in accordance with clause 4.7, No Sweat Work Media will generate an invoice to the Client outlining the Fees payable by the Client to No Sweat Work Media.
6.6 In the event of a dispute between you and the Client regarding the hours recorded on the time sheet, No Sweat Work Media shall act as an arbitrator in determining the actual hours that should be recorded on a particular time sheet. No Sweat Work Media’s decision regarding the actual hours recorded shall be final and binding on all parties, and the Client shall be liable to make payment of the invoice generated in respect of that time sheet.
7. Copyright
7.1 You acknowledge and agree that you shall acquire no right, title, or interest in any material made available to you by the Client from time to time in any form (“Material”).
7.2 Except with the written consent of the Client, which may be withheld at the Client’s sole discretion, you shall not 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 you pursuant to these Candidate Terms shall be the property of the Client, notwithstanding termination hereof, unless otherwise expressly agreed in writing by the Client. You resign all right, title, and interest in and to the Material to the Client. You further undertake, as and when requested by the Client, to execute all necessary instruments and do all such things as may be required to vest copyright and ownership of such Material in the Client. In the event of your failure to comply promptly with any such request by the Client, the Client is irrevocably nominated, constituted, and appointed as your agent, with the power to sign all documents and perform all acts necessary to effectuate the terms of this clause.
8. Duties of the Candidate
8.1 You agree to advise and assist the Client with respect to all aspects of the Services, and in performing such duties, you shall comply with all requests and directions of the Client, including but not limited to ensuring that you always adhere to the standard health, safety, and security procedures and any other policies, procedures, and guidelines (“Client Policies”) applicable to the Client’s personnel, as varied by the Client from time to time, provided that the Client has provided you with copies of the same.
8.2 Should the Client at any time have reason to believe that you are failing to comply with such Client Policies, the Client shall be entitled to deny you access to any or all of the Client’s premises and/or computer systems and networks, as applicable.
8.3 You shall not accept any gifts from any person as an inducement or consideration for doing or refraining from doing anything in relation to the Client’s business and/or affairs.
8.4 Services that you render to the Client in terms of these Candidate Terms shall be of a quality that can reasonably be expected of experts in the field in which you render services.
9. Confidentiality
9.1 The Client and Candidate must treat and hold as confidential all information which they may receive from the other party or which becomes known to them during the term of this Agreement (“Confidential Information”).
9.2 The Client and Candidate agree to keep all Confidential Information confidential and 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 do so.
9.3 The aforementioned 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 to disclose such Confidential Information without any restriction; or
9.3.4 Is disclosed pursuant to a requirement or request by operation of law, regulation, or court order.
10. Termination of Purchase Order
10.1 Except as otherwise provided herein, should either the Candidate or the Client (“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, at its discretion, terminate the agreement on written notice to the Defaulting Party, including No Sweat Work Media in any communications. Such termination shall be without prejudice to any claims the Aggrieved Party may have for damages against the Defaulting Party occasioned by the termination of these Candidate Terms in terms of this clause.
11. Effect of Termination of Purchase Order
11.1 You shall, within 7 days of termination of these Terms and Conditions with the Client, deliver to the Client all correspondence, Material, and property belonging to the Client that may be in your possession or under your control, or in the possession of any of your personnel or under their control, along with all Confidential Information or copyright works specified in the remaining terms and conditions of this document.
12. Status of the Candidate on Termination of Purchase Order
12.1 You are not an employee of the Client, but an independent contractor. Any termination of these Candidate Terms with the Client, for any reason, shall not constitute unfair dismissal, nor shall you be entitled to the payment of any redundancy or other compensatory payments upon occurrence of the same.
13. Relationship of the Parties and Duty of Good Faith
13.1 Nothing in these Terms and Conditions shall be construed as creating a partnership between the Candidate and the Client, 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 observe standards of the utmost good faith in all dealings with each other and in respect of the Services.
14. Your No Sweat Work Media Candidate Portal
14.1 In order to access and utilize the No Sweat Work Media Platform, you must register a Candidate Portal (“Candidate Portal”).
14.2 To register a Candidate Portal, you must be 18 years of age or older, be lawfully entitled to provide Clients with any services, be capable of using the No Sweat Work Media Platform and Services, and accept these Candidate Terms.
14.3 When registering your Candidate Portal, you will be required to create a username and password, as well as input other details that are addressed in the privacy section below. When creating or registering your Candidate Portal, you must:
14.3.1 Only create a Candidate Portal for yourself, and not for, or on behalf of, any other person;
14.3.2 Not misrepresent yourself or your business as any other person; and
14.3.3 Not create a username that is the name of any other person, vulgar, offensive, or unlawful in any way.
14.4 All information you provide on the No Sweat Work Media Platform must be true and correct. You warrant in favor of No Sweat Work Media and any Clients that the information you supply regarding your personal information, skills, qualifications, and competencies is true and correct.
14.5 Your Candidate Portal must be password protected, and you are solely responsible for safeguarding your password. No Sweat Work Media encourages you to use 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 Candidate Portal.
14.7 As soon as you become aware of the use of your Candidate Portal by any other person, you must immediately notify No Sweat Work Media of such use in writing by sending an email to jobguy@ns.work
15. Content
15.1 Any Content that you post, display, or share can be accessed and viewed by the public on the No Sweat Work Media 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 Candidate Portal, or on the No Sweat Work Media 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 No Sweat Work Media Platform or obtained by you through the No Sweat Work Media Platform is at your own risk.
15.5 You understand that by using the No Sweat Work Media 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 Candidate Portal, or as soon as you receive a request from any other user, or from No Sweat Work Media, that such Infringing Content should be corrected, deleted, or removed from your Candidate Portal, you must immediately correct, delete, or remove the Infringing Content. No Sweat Work Media reserves the right to delete any Content from your Candidate Portal, where such Content is, in No Sweat Work Media’s sole discretion, Infringing Content. No Sweat Work Media 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 authorized by you or not), have posted, shared, or displayed on the No Sweat Work Media Platform via your Candidate Portal, or otherwise. Under no circumstances will No Sweat Work Media be liable in any way for any Content, including Infringing Content, and shall not be liable for 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 No Sweat Work Media Platform or elsewhere. As a result, where applicable and in No Sweat Work Media’s sole and absolute discretion, No Sweat Work Media is deemed to be an innocent disseminator of your Content.
16. Your Rights and Privacy
16.1 You retain your rights to any Content you submit, post, or display on or through the No Sweat Work Media Platform. By submitting, posting, or displaying Content on or through the No Sweat Work Media Platform, you grant No Sweat Work Media 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 No Sweat Work Media undertakes of the No Sweat Work Media Platform.
16.2 You agree that this license includes the right for No Sweat Work Media to provide, promote, and improve the No Sweat Work Media Platform and to make Content submitted to or through the No Sweat Work Media 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, and specifically consent that the purpose of the No Sweat Work Media Platform is to enable you to properly promote yourself and your business to third parties and this requires No Sweat Work Media to transmit your information, personal or otherwise, to such additional third parties to achieve this purpose. This additional use by No Sweat Work Media, 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 No Sweat Work Media.
17. Your License to Use the No Sweat Work Media Services
17.1 No Sweat Work Media grants you, as an individual, a personal, worldwide, royalty-free, non-transferable, and nonexclusive license to use the No Sweat Work Media Platform. This license is for the sole purpose of enabling you to use and enjoy the benefits of the No Sweat Work Media Platform and the No Sweat Work Media Services, as provided by No Sweat Work Media and always subject to these Candidate 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. No Sweat Work Media will not be liable in any way whatsoever for any non-compliance by you with any applicable personal privacy, information, and/or data privacy laws, regulations, policies, and directives.
18. No Sweat Work Media Rights
18.1 All right, title, and interest in and to the No Sweat Work Media Platform and No Sweat Work Media Services, but excluding Content provided by you and users, are and will remain the exclusive property of No Sweat Work Media and its licensors. The No Sweat Work Media Platform is the intellectual property of No Sweat Work Media and its licensors and is therefore protected by all manner and forms of intellectual property rights, including, but not limited to trademarks, service marks, design rights, database rights, moral rights, copyright (including all copyright in any designs and computer software), source codes, object codes, know-how, 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 Candidate Terms gives you the right to use the No Sweat Work Media name or any of the No Sweat Work Media trademarks, logos, domain names, and other brand information or features.
18.3 Should you provide No Sweat Work Media with any feedback, comments, or suggestions regarding No Sweat Work Media or the No Sweat Work Media Platform, you do so at your discretion and, without any obligation to do so, No Sweat Work Media is, in its sole discretion, free to use such feedback, comments, or suggestions in any manner it wishes.
18.4 You also grant No Sweat Work Media 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 No Sweat Work Media Platform.
20. Non Solicitation
20.1 You shall not, other than through the No Sweat Work Media Platform or without the prior written consent of No Sweat Work Media, either during or within 12 (twelve) months of the termination of these Candidate 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. If you contract, engage, or are employed by a Client and No Sweat Work Media:
• 20.1.1. If No Sweat Work Media consents to any such appointment, you understand and agree that the relevant Client shall pay No Sweat Work Media a recruitment fee equal to 10% of your gross annual package or total contract value (including any quantifiable bonuses or incentives, and annualized if necessary, if your engagement is less than 12 (twelve) months) paid by the Client to you (“Gross Package”); or
• 20.1.2. If No Sweat Work Media does not consent to any such appointment, you understand and agree that the relevant Buyer shall, on written demand from No Sweat Work Media, pay No Sweat Work Media a recruitment fee equal to 100% of your Gross Package.
20.2 Any amount payable under clause 20.1 above shall be payable within 14 (fourteen) days of the commencement of your relationship with the Client.
20.3 You undertake and agree to ensure that any Client is aware of the provisions of this clause 20 prior to your engagement with them. If you do not inform the Client of the provisions of this clause 20, you acknowledge and agree that you may, in No Sweat Work Media’s sole discretion, be personally liable to make the payments referred to in this clause 20 to No Sweat Work Media should they demand the same from you.
21. Warranties and Disclaimers
21.1 Other than those warranties expressly provided in these Candidate Terms, No Sweat Work Media, its subsidiaries, affiliates, related companies, shareholders, officers, directors, employees, agents, representatives, partners, and licensors (collectively referred to as the “No Sweat Work Media Group”) hereby disclaim all warranties, whether express or implied, to the maximum extent permitted under applicable law.
21.2 The No Sweat Work Media Group makes no warranty and disclaims all liability regarding:
• 21.2.1. The completeness, accuracy, availability, timeliness, security, or reliability of the No Sweat Work Media Platform or the No Sweat Work Media Services or any Content;
• 21.2.2. The deletion of, or the failure to store or transmit any Content;
• 21.2.3. Whether the No Sweat Work Media Platform or the No Sweat Work Media Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and
• 21.2.4. The availability or accuracy of third-party websites or resources, as well as the Content, products, or services on or available from such websites or resources.
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 Candidate Terms, No Sweat Work Media’s maximum liability for general and/or direct damages for any willful or negligent misconduct or omission shall be limited to 50% of the Fees paid by No Sweat Work Media to you over the period of 2 months preceding the date that the relevant cause of action first arose. This maximum amount shall be an aggregate amount for any and all claims.
22.2 No Sweat Work Media 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. Such liability is excluded whether it is foreseen, foreseeable, known, or otherwise.
22.3 You hereby agree to indemnify, defend, and hold No Sweat Work Media harmless against any and all damages, claims, costs, or losses, whether direct or indirect, incurred by No Sweat Work Media 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 No Sweat Work Media 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.
23. Termination
23.1 These Candidate Terms shall continue to apply to your use of and access to the No Sweat Work Media Platform or the No Sweat Work Media Services until the earlier of:
• 23.1.1. You deleting or deactivating your Candidate Entity and no longer making use of or accessing the No Sweat Work Media Platform or the No Sweat Work Media Services;
• 23.1.2. No Sweat Work Media deleting or deactivating your Candidate Portal;
• 23.1.3. No Sweat Work Media ceasing to provide you with the No Sweat Work Media Platform or the No Sweat Work Media Services for any reason whatsoever.
23.2 These Candidate Terms may not be terminated by you for as long as you are engaged by a Client.
23.3 Upon termination of these Candidate Terms, you shall immediately cease to use the No Sweat Work Media Platform and the No Sweat Work Media Services and shall be liable for any and all outstanding Fees or other amounts owed to No Sweat Work Media.
23.4 Save as otherwise provided 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, at its discretion, terminate these Candidate Terms on written notice to the Defaulting Party. Such termination shall be without prejudice to any claims the Aggrieved Party may have for damages against the Defaulting Party occasioned by the termination of this Agreement.
23.5 No Sweat Work Media shall at all times have the right to change, limit, or discontinue the provision of the No Sweat Work Media Platform or the No Sweat Work Media Services, or components thereof, without prior notice to you and without any recourse or remedy against No Sweat Work Media.
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 constitute the entire agreement between you and No Sweat Work Media in respect of the subject matter hereof, and No Sweat Work Media shall not be bound by any undertakings, representations, warranties, or promises not recorded in these Candidate Terms.
24.5 No Sweat Work Media shall be entitled to subcontract 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 authorized representative of No Sweat Work Media, 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 No Sweat Work Media 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 No Sweat Work Media may at any time and in its sole and absolute discretion amend, vary, or alter these Candidate Terms (“Amended Terms”) and shall republish the Amended Terms on the No Sweat Work Media website. Your continued access and/or use of the No Sweat Work Media Platform and/or the No Sweat Work Media Services will be deemed to be your acknowledgment and acceptance of the Amended Terms.
24.8 Should any of the terms and conditions of these Candidate 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, No Sweat Work Media 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 Candidate 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.
