Relationship and Duty of Good Faith. 25.1. No temporary employment service. Nothing in this Agreement shall be construed as constituting a temporary employment service as contemplated in section 198 of the Labour Relations Act, 1995.
Relationship and Duty of Good Faith. 19.1 Nothing in these Terms of Use shall be construed as creating a partnership between the Parties 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. Without limiting the generality of the foregoing, when any Personnel of MagicOrange is required to act in an executive capacity on behalf of the Client, MagicOrange cannot accept responsibility for his omissions or acts and the Client shall, therefore, indemnify MagicOrange against all costs, claims, damages and expenses which may arise in connection with such act.
Relationship and Duty of Good Faith. 33.1 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 supply of the Goods and/or Services, act according to such standard.
33.2 The Supplier is an independent contracting party and the relationship between NSA and the Supplier in terms of this Agreement does not constitute, nor may be construed as, constituting a fiduciary relationship, a contract of agency, partnership or employment. The Supplier shall not represent or allow itself to be represented as an employee or agent of NSA.
33.3 The Supplier shall incur no liability of any nature whatsoever for or on behalf of NSA and the Supplier shall have no authority to bind NSA by any representations, statements or agreements made or concluded by it.
33.4 The Supplier undertakes that it shall not do anything or fail to do anything which may create the impression that it has authority to act, or in any other manner represent, bind or contract on behalf of NSA.
33.5 This Agreement will not constitute or give rise to a TES and/or employment relationship between NSA and the Supplier in terms of section 198 of the LRA or any other provision thereof. This is strictly an independent contractual relationship for the supply of the Goods and/or Services.
33.6 Notwithstanding anything to the contrary in this Agreement, whether express or implied, the Supplier specifically agrees and acknowledges that NSA's rights to terminate this Agreement shall be regulated by the law of contract alone and that the Supplier in supplying the Goods and/or Services to NSA is not "an employee" as defined in the LRA and the BCEA or any other labour legislation as amended or replaced from time to time.
33.7 In particular, the Supplier agrees that the provisions relating to dismissal, the residual unfair labour practice or automatic unfair dismissals provisions contained in the LRA or unfair discrimination provisions in terms of the EEA shall not be applied directly or indirectly in connection with this Agreement.
Relationship and Duty of Good Faith
