CONDITIONS OF ADMINISTRATION OF USER ACCOUNT WITHIN THE WEB SERVICE “RECRUIRO.COM“
HS Interactive s.r.o.
With registered office at Výhledy 265/15, Hošťálkovice, 725 28 Ostrava
Company ID: 277 73 710
Registered in the Commercial Register maintained by the Regional Court in Ostrava, section C, entry no. 29345
1. INTRODUCTORY PROVISIONS
1.1. These Terms of Business (‘Terms of Business’) regulate, in accordance with section 1751(1) of Act no. 89/2012 Coll., Civil Code, as amended (‘Civil Code’) mutual rights and obligations between the company HS Interactive s.r.o., with registered office at Výhledy 265/15, Hošťálkovice, 725 28 Ostrava, company ID: 277 73 710, registered in the Commercial Register maintained by the Regional Court in Ostrava, section C, entry no. 29345 (‘Provider’) and natural third parties (‘User’) arising from contracts for the provision of services relating to the creation and maintenance of a user account within the service “Recruiro.com” (‘Contract for the Provision of Services’) concluded through the Provider’s website located at the internet address www.recruiro.com (‘Website’).
1.2. The Terms of Business form an inseparable part of the Contract for the Provision of Services. The Terms of Business are executed in English and Czech languages. A Contract for the Provision of Services may be concluded in English or Czech language.
1.3. In accordance with section 1752 of the Civil Code, the contractual parties agree that the Provider may unilaterally amend the Terms of Business in a reasonable extent. The User shall be notified of the amendment to the Terms of Business by an e-mail sent to their address specified in the User Account (clause 3). The User may reject the amendment to the Terms of Business and thus terminate a Contract for the Provision of Services in writing within the notice period, which is one (1) month. Clause 1.4 of the Terms of Business is not hereby affected.
1.4. Once the User has agreed with the new version of the Terms of Business, the previous Terms of Business shall cease to be effective and the new version of the Terms of Business shall become an inseparable part of a Contract for the Provision of Services.
2. CONCLUSION OF A CONTRACT FOR THE PROVISION OF SERVICES
2.1. The User shall make an offer to conclude a Contract for the Provision of Services when using their user details stored within the social network www.facebook.com operated by the Company Facebook, Inc., with registered office at 156 University Avenue Suite 300, Palo Alto, CA 94301. A Contract for the Provision of Services shall be concluded once the Provider has accepted the offer via the Website (by allowing the actual use of a User Account).
2.2. The User agrees that the Provider may begin to provide services in accordance with a Contract for the Provision of Services immediately after its conclusion, including before the statutory period for withdrawal from the Contract for the Provision of Services has expired.
2.3. The User acknowledges that the Provider is not obliged to conclude a Contract for the Provision of Services (may refuse to register a User), in particular with persons who have previously substantially breached their contractual or other obligations towards the Provider (including the Terms of Business).
2.4. The User consents to the use of means of distant communication for the purposes of a conclusion of a Contract for the Provision of Services. Any expenses incurred by the User when using means of distant communication for the purposes of conclusion of a Contract for the Provision of Services (e.g. costs of internet connection) shall be borne by the User; such expenses shall not differ from the basic rate.
3. USER ACCOUNT
3.1. Once a Contract for the Provision of Services has been concluded, the User may access their user interface on the Website. The User may use their user interface to manage their details, inset and remove information about themselves, manage such information, and communicate in a specified manner with third parties, in particular with potential employers (‘User Account’).
3.2. When registering on the Website, the User shall provide only correct and true details. The User shall update the personal details provided in the User Account every time they change in any way. The Provider shall deem the details provided by the User in the User Account to be correct. Each User may have only one User Account.
3.3. Access to a User Account is secured with login via Facebook. The User agrees that login details may also be used for logging into other websites operated by the Provider or another person. The User shall not disclose information required in order to access their User Account and the User acknowledges that the Provider shall bear no responsibility for a breach of this obligation by the User.
3.4. The Provider may block the User from using their User Account, in particular in the event that the User breaches their obligations arising from a Contract for the Provision of Services (including the Terms of Business).
4. CONDITIONS OF SERVICE
4.1. On the basis of a Contract for the Provision of Services, the User shall be entitled to access their User Account (‘Service’). The User acknowledges that, on the basis a Contract for the Provision of Services, the Provider shall not secure for the User any services other than the operation of the User’s User Account via the Website. Legal relationships with the User relating to offers of employment or other offers shall be entered into by third parties at their own responsibility (in particular potential employers) (collectively ‘Employers’), including compliance with public law regulation in this field. The Provider solely facilitates the means and space for mutual communication between the User and such a third party.
4.2. The Provider is not obliged to provide the Service in the event that its provision is prevented by difficulties on the part of the User or on the part of other persons. The Provider is thus not obliged to provide the Service, in particular, in the event of electricity supply outages, data network outages, other faults caused by third parties or vis major.
4.3. Provision of the Service may be subject to outages, temporary limitations, interruptions or decreases in the quality of the Service. The Provider is not required to back up information saved by the User within the Service.
4.4. Features of the Service may change whilst a Contract for the Provision of Services is effective.
4.5. The Provider may implement measures aimed at the prevention of outages, limitations, interruptions or decreases in the quality of the Service. In connection with the performance of this obligation, the Provider may carry out planned shutdowns of the Service for the purpose of checking, maintenance or change of hardware, or setting or upgrade of software on a server (‘Service Shutdown’). If the nature of the Service Shutdown so allows, the Provider shall endeavour to carry out the Service Shutdown during a period of lower use of services.
4.6. The Provider may secure the provision of the Service also via third parties.
5. USE OF THE SERVICE – CONTENT SAVED BY THE USER
5.1. The User may not save or disseminate within the Service information (files) the content of which is contrary to generally binding legislation.
5.2. When using the Service, the User may not use mechanisms, tools, programs or processes which have or may have an adverse effect on the operation of the Provider’s equipment, safety of the internet or other internet users. The User may not burden the Provider’s server from which the service is being provided with automated requests.
6. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
6.1. The Provider does not require payment of a deposit or a similar payment.
6.2. The User acknowledges that computer programs forming the Website are protected by copyright. The User undertakes not to engage in any activities which would allow the User or third parties to unlawfully interfere with or use computer programs in relation to which the Provider exercises propriety rights or is the user of.
6.3. In their relationship with the User, the Provider is not bound by any code of conduct.
6.4. The Provider handles complaints made by consumers out of court via the contact e-mail address (clause 11.7). The Provider shall send a notification of the outcome of the User’s complaint to the User’s e-mail address.
6.5. The Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, company registration number: 000 20 869, internet address: https://adr.coi.cz/cs has jurisdiction to settle out of court consumer disputes arising from a Contract for the Provision of Services. The platform for the settlement of disputes online located at the internet address http://ec.europa.eu/consumers/odr may be used to settle disputes between the Provider and the User arising from a Contract for the Provision of Services.
6.6. The European Consumer Centre Czech Republic, with registered address at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) no. 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Dispute Resolution for Consumer Disputes and Amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
6.7. The Provider is authorised to carry on business on the basis of a trade licence. Trade control is carried out by the respective trade authority within their jurisdiction. Regulation in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection carries out, in a specified extent and amongst other things, regulation of compliance with Act no. 634/1992 Coll., on Consumer Protection, as amended.
6.8. The rights and obligations of the contractual parties relating to the Provider’s liability for defects of Services are governed by the relevant generally binding legislation. The User may exercise their rights against the Provider arising from the Provider’s liability for defects of services by writing to the Provider’s registered office address or by sending an e-mail to the contact address (clause 11.7) The contractual parties have agreed that the Provider shall be liable to the User solely for an intentional breach of their obligations.
6.9. In the event that the User suffers loss in connection with the Provider’s liability for defects of performance pursuant to a Contract for the Provision of Services, unless the Provider has caused the loss intentionally or by gross negligence, the contractual parties have agreed, taking account of the terms of the Contract for the Provision of Services, to limit compensation for this potential loss suffered by the User so that the total compensation for loss including loss of profit shall be limited to CZK 100.-. The contractual parties state, taking account of all circumstances of the conclusion of the Contract for the Provision of Services, that the total foreseeable loss including loss of profit which may be incurred by the User due to defects of performance by the Provider shall not exceed CZK 100.-.
6.10. The User acknowledges that texts, graphic works and other elements contained on the Website or accessible with the service may individually or as a whole be protected by copyright. Databases located on the Website or accessible within the Service are protected by the separate right of an author of a database.
6.11. Without the Provider’s prior written consent, the User may not provide template forms (online tests) made accessible by the Provider or by an employer within the User Account or their parts to a third party and may not use template forms (online tests) made accessible by the Provider or by an employer within the User Account or their parts outside of the User Account. In the event that the User breaches the obligation in the previous sentence, the Provider shall be entitled to a contractual penalty of CZK 50,000.- (fifty thousand Czech Crowns) for each breach of this obligation by the User. The right to receive compensation for loss is not hereby affected.
7. PROTECTION OF THE USER’S PERSONAL DATA
7.1. The Provider complies with their information duty towards the User within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation) (‘GDPR Regulation’) relating to the processing of the User’s personal data for the purposes of performing a Contract for the Provision of Services and for the purposes of negotiations with regard to this Contract by way of a separate document.
8. CONSENT WITH SENDING OF COMMERCIAL COMMUNICATIONS, SAVING OF COOKIES
8.1. In accordance with section 7(2) of Act no. 480/2004 Coll., on Certain Services of Information Society and on the Amendment of Certain Acts (Act on Certain Services of Information Society), as amended, the User consents with the sending of information and commercial communications by the Provider relating to the Provider’s services or business (enterprise) to the User’s address specified in the User Account and with the sending of commercial communication by third parties to the User’s address. The Provider complies with their information obligation towards the User within the meaning of Article 13 of the GDPR Regulation relating to the processing of the User’s personal details for the purpose of sending of commercial communications by way of a separate document.
8.2. The User consents to the saving of so-called cookies on their computer. Cookies are small files which allow the Provider and parties advertising on the Website to recognise the User’s web browser when communicating with the Service and to subsequently use certain functions of the Service. In the event that it is possible to perform the Provider’s obligations arising from a Contract for the Provision of Services without cookies being saved on the User’s computer, the User may withdraw their consent under the first sentence of this paragraph at any time.
9. DURATION OF CONTRACT FOR THE PROVISION OF SERVICES
9.1. With the exception of circumstances where it is not possible to withdraw from a contract, a User who is a consumer may withdraw from a Contract for the Provision of Services within a period of fourteen (14) days of its conclusion. In order to withdraw from the Contract, the User may use the template form provided by the Provider which forms Schedule no. 1 to the Terms of Business.
9.2. A Contract for the Provision of Services enters into effect as soon as it has been concluded. A Contract for the Provision of Services shall be concluded for an indefinite period of time.
9.3. The User may terminate a Contract for the Provision of Services at any time by sending a request to the Provider’s e-mail address. The User acknowledges that a deletion of their User Account may not result in the removal of all information saved by the User within the Service.
9.4. The Provider may terminate a Contract for the Provision of Services if the User breaches any of their obligations arising from the Contract for the Provision of Services (including the Terms of Business) or from generally binding legislation, as well as in other circumstances. Termination of a Contract for the Provision of Services according to this clause becomes effective as soon as it has been served on the User at the User’s address. Unless agreed otherwise, the Contract for the Provision of Services shall be discharged as soon as such a notice becomes effective.
10. SERVICE – LEGAL CONDUCT
10.1. Unless agreed otherwise, all correspondence relating to legal conduct relating to a Contract for the Provision of Services must be served on the other contractual party in writing, i.e. by e-mail. The User accepts service at the User’s address, i.e. the e-mail address specified in their User Account.
10.2. Where service is effected by e-mail, a message shall be considered to be delivered at the moment of its acceptance by the incoming mail server.
11. FINAL PROVISIONS
11.1. If a relationship related to the use of the Website or a legal relationship arising from a Contract for the Provision of Services contains an international (foreign) element, the parties agree that such a relationship shall be governed by Czech law, in particular by the Civil Code. The choice of law according to the previous sentence shall not deprive a User who is a consumer of protection afforded to them by provisions of the law which cannot be overridden by contract and which, in the event that choice of law did not exist, would otherwise apply pursuant to article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the Law Applicable to Contractual obligations (Rome I).
11.2. The contractual parties have agreed that courts of the Czech Republic shall have jurisdiction, unless provided otherwise by a mandatory legal provision.
11.3. The Provider may assign rights and obligations from a Contract for the Provision of Services to a third party and the User expressly consents to this.
11.4. If a provision of the Terms of Business is invalid or ineffective or it becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is most similar to the invalid provision. The invalidity or ineffectiveness of a provision shall have no effect on the validity of the rest of the provisions.
11.5. The following form an inseparable part of the Terms of Business:
11.6. A Contract for the Provision of Services including the Terms of Business is archived by the Provider in electronic form and it is not publicly accessible.
11.7. The Provider’s contact details are: e-mail address: firstname.lastname@example.org, telephone +420 595 173 074.
In Ostrava on 12.10.2018
HS Interactive s.r.o.