General Commercial Terms and Conditions of Profesia CZ, spol. s r.o.

Part A
Introductory Provisions



Article I
General Provisions

  1. Profesia CZ, spol. s r.o., with its registered seat in Prague, Nové Město, Opletalova 1015/55, District Praha Hl.m., postcode 110 00, company ID No. 24149055, registered in the Commercial Register kept by the Registration Court in Prague under the file reference: C 183157 (hereinafter referred to as the "Provider" or "Supplier"), operates the internet site www.profesia.cz and provides other services (e.g. RecruitRank, HR application Mark etc.) located at www.profesia.cz, and other websites (hereinafter referred to as the "Websites") and is the only body authorised to provide and sell services through the aforementioned Websites.
  2. In accordance with Act No. 89/2012 Coll., Civil Code, as amended, the Provider issues these General Commercial Terms and Conditions of Profesia CZ, spol. s r.o. (hereinafter referred to as "GCTC"), which shall regulate certain rights and duties of the Provider and third parties concerning the provision and use of the Provider's services. GCTC shall form an integral part of any contract concluded between the Provider and the Client and are published and available in writing at the registered seat of the Provider and electronically on the website www.profesia.cz. 
  3. The GCTC shall be binding for all users of the Provider's services and are based on generally binding legal regulations valid in the Czech Republic, such as the Commercial Code, the Civil Code, and international agreements as well as conventions and customary practices. 
  4. All legal relations which are not covered by the GCTC, an Order or a Contract between the Provider and the Orderer or the Client shall be subject to the relevant provisions of the Act No. 89/2012 Coll., Civil Code, Act No. 101/2000 Coll. on Personal Data Protection, Act No. 121/2000 Coll. on Copyright and other relevant legal regulations.


Article II
Definition of Terms

  1. For the purpose of the GCTC and for the establishment, modification and termination of a legal relation between the Provider and the Client, the terms stated below shall have the following meaning:

    Services mean services provided by the Provider on the Websites or in the Profesia Insert, the extent and/or specification of which are based on the current offer stated in the Provider's Price List . The Provider may provide Services individually or within service packages. Services are divided into Services provided to the Clients and Services provided to the Job Seekers. The extent and type of Services provided to the Clients shall be contained in the Order and/or Contract.
    Orderer or Client means an individual or a legal entity ordering Services for a consideration, unless otherwise stipulated in Contract and/or Order.
    Job Offer means the Client’s offer for a job or job position published on the Websites. 
    Job Seeker means an individual seeking a job by means of the Provider’s Services.
    Curriculum Vitae means a summary of information on the Job Seeker filled-in on the Websites electronically or as a printed form delivered to the Provider. Limited-Extent Curriculum Vitae is a Curriculum Vitae in which the name and surname of the Job Seeker and his/her contact details (address, phone number, e-mail address) are not readable.
    Limited-Extent Curriculum Vitae is a Curriculum Vitae which does not contain the name and surname of the Job Seeker or his/her contact details (address, phone number, e-mail address) for purposes of access to the limited-extent Curriculum Vitae database.
    User account is an option that allows the Client to use Services provided by the Provider; it is created on the basis of the Client's registration on the Websites consisting of filling out a registration form, unless otherwise specified for a particular Service.
    Written order means an order for Services which is filled out or submitted by the Orderer and accepted by the Provider, and has the form and contents stipulated by the Provider. The order is filled out directly on the Websites, and, upon the Orderer's request, it may also be placed through the Provider's sales representative as a telephone order, or filled out and sent in writing to the Provider's address.
    Telephone order means an order for Services placed through the Provider's sales representative, on the basis of the Orderer's request. In case of a telephone order, identification of the Orderer is required
    Contract means a contract concluded between the Provider and the Orderer that forms a basis for Services to be provided to the Orderer by the Provider; unless stipulated otherwise in the Contract, the Order and CGTC shall form an integral part of the Contract. The Contract shall be made orally. The contractual Terms and Conditions are stipulated in the Order and GCTC. In accordance with Section 272 (1) of the Act No. 513/1991, in order for the Contract to be effective it must be in writing only if at least one Party negotiating the Contract requests that it be in writing. The Contract shall become valid and effective on the day of confirmation of the Order by the Provider, or, if the Contract is made in writing, on the day of its signing.
    Parties mean the Provider and the Client.
    Price List means a price list of Services provided by the Provider.
    Civil Code means the Act No. 89/2012 Coll., Civil Code, as amended.
    Act on Personal Data Protection means Act No. 101/2000 Coll. on Personal Data Protection, as amended.
    Copyright means Act No. 121/2000 Coll., on Copyright and Rights related to Copyright, as amended.
    Cookies are small files that can be downloaded into devices like PC, tablet, mobile phone etc. of the Client while using the web site. The operator uses cookies to find out about the efficiency of the web site. Cookies in general have no information serving to identify persons but instead they are used to identify the browser in a concrete device. Cookies can be temporary or permanent that will stay in the device of the Client also after closing down the browser for a period given in the cookie. These permanent cookies can be checked at every visit on the web site. The information that will be collected through the web site contain: the type of the browser, the internet address from which you made the connection to our web site, the operational system of the device, the IP address of the device. To display more relevant advertising some cookies are given through the advertising system of third parties, such as Google Adsense. This can be turned off in the Google account. The PC can be set in such a way that it would refuse cookies, although in such case it is possible that some functions of the web site will not be functional.

  2. Should any terms defined herein have a different meaning defined in the Contract and/or the Order, the definition in the Contract and/or the Order shall prevail upon interpretation.


Part B
Services Provided to the Job Seekers



Article III
Services for the Job Seekers

  1. Services provided by the Provider to the Job Seekers are free of charge. Services provided to the Job Seekers include in particular the Provider's technical assistance in searching for job opportunities by means of making the Job Seekers data available to the Clients on the Websites or any other additional services.
  2. The Provider assists to the Job Seekers in seeking a job opportunity in the following ways:
    1. The Job Seeker shall be allowed to browse and search the Job Offers according to selection criteria.
    2. The Job Seeker shall be allowed to create on the Websites an automatic agent for the Job Offers which shall sent him/her by e-mail all Job Offers corresponding to the selection criteria; a registration of the Job Seeker on the Websites is required before the automatic agent can be created.
    3. The Job Seeker shall be allowed to add his/her Curriculum Vitae to the Provider’s database by filling-in data on the Websites or by means of a printed form delivered to the Provider; a registration of the Job Seeker on the Websites is required before the Curriculum Vitae can be added to the database.
  3. Registration of the Job Seeker. The Job Seeker registeres on the Websites by filling any password and contact e-mail address, to which the Provider may, in accordance with Section 7 of the Act No. 480/2004 Coll. on Certain Information Society Services, as amended, send information on the Provider's new available services. The Job Seeker’s registration is required for certain Services to be made available. Moreover, registered Job Seekers are allowed to use certain supplementary Services on the Websites, the scope of which is subject to the current offer, free of charge. Should those supplementary Services provided to the Job Seeker include any kind of consulting, all information provided by the Provider within this consulting is only approximate and not binding and shall in no way whatsoever constitute a liability of the Provider for completeness, suitability and correctness of the information provided. With selected services, the registration of the Job Seeker may also be performed by filling out a contact e-mail address to which the Job Seeker will be sent a generated password enabling the Job Seeker to sign in to his/her account on the Web Sites; the stipulation of the present Clause 3 applies adequately to this manner of registration as well.
  4. The Job Seeker may anytime cancel his/her registration by sending an e-mail to the Provider expressing his/her wish to cancel the registration.


Article IV
Register of the Job Seekers

  1. The Provider records the Job Seekers in a database of Curriculum Vitas. The Job Seekers' details shall include at least an indication of the Job Seeker's gender especially for the purpose of statistical processing, at least one contact detail (e-mail, phone number, postal address), the highest education completed, a specification of the business sector and the job position sought, a specification of the area in which work is sought, the required type of work contract, and the duration of the CV's publication on the Websites . Giving other details in the Curriculum Vitae is left solely to the discretion of the Job Seeker concerned; the Provider does not require supplying any other details. On no account does the Provider keep records of the Job Seekers' personal identification numbers. Data concerning the Job Seeker shall be recorded by the Provider only for purposes of assistance in seeking a job opportunity by means of making data on the Job Seekers available to the Clients on the Websites. Beside the above specified actions, the Provider does not perform any other operations with the Job Seeker's personal details; however, the Provider's rights and duties arising from the relevant legal regulations and/or from orders issued on the basis of relevant legal regulations and/or decisions of competent authorities and/or institutions are thereby not affected.
  2. The register of the Job Seeker shall be kept by the Provider with respect to provisions of all relevant legal regulations, in particular the Act on Protection of Personal Data.
  3. The Job Seeker, by creating the Curriculum Vitae on the Websites or filling-in and delivering a printed form, warrants that all data provided are true and agrees on publication thereof on the Internet network during a defined time period. Following the expiry of this time period these data shall be made unavailable and kept in the Provider’s database for updating purposes for up to 3 years. Thereafter the data shall be deleted from the Provider’s database. The Job Seeker may anytime ask the Provider to be informed about his/her data kept in the Provider’s database and apply for deletion of his/her data from the Provider’s database by sending an e-mail to the Provider expressing his/her wish to delete the recorded data.
  4. The Provider reserves the right to modify the CV to conform to the format and methods customary in filling out forms. The operator also reserves the right not to publish or to delete from the database a CV that contains exclusively such data that, in the Operator's opinion, is insufficient for the purposes of publishing the CV (e.g. overly general data without sufficient informative value), or a CV that, in the Operator's opinion, contains nonsensical or unrealistic information (e.g. unrelated to job seeking, or containing various political or other opinions, or containing offensive language, etc.). The Operator usually notifies the Job Seeker as the author of the CV in question in advance about the decision to modify, not to publish or to delete the CV in keeping with this paragraph.
  5. The Operator informs the Client about the fact that through the Web site he uses Cookies files pursuant the Directive of the European Parliament and the Council 2002/58/ES about privacy and electronic communication. The Client agrees to the use of Cookies by using the Web site. With the help of the internet browser the Client can block or delete Cookies. The Operator informs the Client that blocking Cookies can limit the full use of the Web site.


Part C
Services Provided to the Clients



Article V
Order for Services and Origination of Contractual Relationship

  1. The Provider provides and ensures provision of the following Services to the Clients:
    1. Publication of Job Offers on the Websites,
    2. Access to the database of Curriculum Vitas on the Websites,
    3. Publication of the Client’s logo on the font page of the Websites,
    4. Publication of advertising banners on the Websites,
    5. Publishing of advertising information in the central area on the Websites and by means of direct mailing from the Websites,
    6. Design and implementation of specialised solutions in the field of publication of information on the Clients' Job Offers (especially graphic design), 
    7. HR application Mark,
    8. Publishing of advertisements and providing advertising space in the Profesia Insert, 
    9. Other advertising products according to the Price List.
  2. The Provider provides the registered Clients with an immediate secured access to the database of Limited-Extent Curriculum Vitas. After successfully verifying the Client against available sources of information, the Provider grants the Client secured access to the database of Curriculum Vitas. If, while verifying the Client, the Provider ascertains that the Client's registration was unauthorised (e.g. in the case of a non-existent or fabricated natural person or legal entity posing as the Client or in the event of registering in the name of another natural person or legal entity), the Provider shall immediately disable the originally granted limited-extent access to the database of Curriculum Vitas, unless otherwise specified in these GCTC. In justified cases, especially in the case of new Clients and of Clients with whom, based on the Provider's previous experience, there is a risk that they might use the Job Seekers' details, acquired through being granted access to the database of Limited-Extent Curriculum Vitas and/or to the database of Curriculum Vitas, for purposes that are in breech of article VIII, section 7. of these GCTC, the Provider is entitled to only grant such Clients, once they register, limited access to the database of Limited-Extent Curriculum Vitas or to the database of Curriculum Vitas (or to disable the sale of certain Service packages) and to shorten the maturity of invoices issued to the Client to 7 days from the date of issuing the invoice, or to never grant or to block the access to the database of Limited-Extent Curricula Vitae and/or Curricula Vitae, especially in the event of a serious breach of the rules specified in the present GCTC. Once granted access to the database of Curriculum Vitas, the Clients are able to search for suitable Job Seekers for their vacancies according to the details supplied in Curriculum Vitas.
  3. To make any use of Services a registration of the Client is required on the Profesia Website by filling-in a registration form, unless specified otherwise with a particular Service. The Client may anytime cancel its registration by sending an e-mail to the Provider expressing its wish to cancel the registration.
  4. The Provider’s Services shall be ordered in writing (by mail, fax, e-mail) or by a phone Order meeting all requirements or by filling-in a form on the Websites. The Order may be submitted also through a business agent of the Provider. The Order shall become valid upon acceptance by the Provider. Before accepting an Order, the Provider is entitled to check, over the phone, through a fax or in another way, the details specified in the Order with the Client and, if in doubt, the Provider is entitled to ask the Client to supply the Provider with additional information and other contact details (especially a phone number of an authorised representative or another authorised agent of the Client).
  5. Prior to submitting of the Order to the Provider the Orderer grants an approval with any possible disclosure of its personal data by the Provider, if necessitated by the nature of Services ordered by the Orderer with the Provider.
  6. The Order must contain at least:
    1. Business name of the Orderer and its legal form in case of legal entities,
    2. Delivery address of the Orderer’s registered seat (street, number, postal code, city or municipality),
    3. Invoicing address of the Orderer,
    4. ID number of the Orderer,
    5. Tax ID number or VAT ID number of the Orderer,
    6. Name and surname of the Orderer’s contact person,
    7. Contact details of the Orderer (phone, fax, e-mail),
    8. Services ordered,
    9. Duration of Services ordered by the Orderer,
    10. First availability date for Services,
    11. The Provider may, if appropriate, require from the Orderer to sign the Order (or even to affix a company stamp)


Article V/a
Terms of Posting Job Offers

  1. The Provider reserves a right to modify the Job Offer in order to comply with procedures and best practices how to fill in the forms.
  2. Moreover, the Provider reserves a right not to publish:
    1. Information which is in conflict with the laws of the Czech Republic, with ethical standards and with good manners,
    2. Job Offers, where an administration or any other fee is required by the Client for Job intermediation,
    3. More Job Offers presented in a single form for a Job Offer.
    4. Incomplete, misleading or false data in the Job Offers,
    5. Information of advertising or promotional nature in any form concerning the Client’s products and services in the Job Offers,
    6. Information that may harm reputation of the Provider or any other individuals or legal entities,
    7. A job offer of erotic nature which raises suspicions that it might regard such type of work,
    8. Duplicate Job Offers submitted by one Client that had already been posted once in the course of the previous 30 days if, in the Provider's justified opinion, it is the Client's intention to give such a duplicate Job Offer a current date to make sure that the Job Offer would display as one of the top hits during searches for Job Offers.


Article VI
Duration of the Contract, Modification and Termination of Contractual Relationship 

  1. The contractual relationship shall be entered into for a definite time period in duration of the ordered Service according to the Price List, or starting on the day of signing the Contract by authorised representatives of both Contractual Parties, provided the Contract is made in writing.
  2. Unless otherwise stipulated in the Contract, the Contract may be terminated during validity thereof by a:
    1. Written agreement of the Parties,
    2. Written notice of one moth given by any of the Contractual Parties, even without giving any reasons therefore, starting on the first day of the next calendar moth following the delivery of a written notice,
    3. Withdrawal from the Contract by any of the Parties in case the other Party seriously breaches its duties arising from the Contract,
    4. On the basis of the Orderer's written statement of intent which has to be delivered to the Provider prior to providing the ordered Service.
  3. The written notice or letter of withdrawal from the Contract must be delivered to the other Party to its address specified in the Contract or to any other address communicated in writing by the other Party.
  4. If the Contract is concluded for a period exceeding one month, and the agreed Service has not been used for more than 6 months, and, at the same time, if the contractual relationship is terminated by agreement of both Contractual Parties or by the Orderer, the Orderer shall be entitled to a refund of an aliquot part of the agreed price amounting to the difference between the price for the ordered Service and the price of the Service defined as product of the period of actual provision of Services and the unit price of the Service according to the Price List. For the purpose of a refund of an aliquot part of the agreed price, the period of actual provision of the Services means a period defined in months, from the first day of the month following the month in which the Provider started providing the agreed Services until the termination of the contractual relationship, including the last month, even if incomplete. For the purpose of a refund of an aliquot part of the agreed price, the unit price of the Service means an aliquot part of the price agreed in the Contract, falling on one month of the duration of the Service provision agreed in the Contract. 
  5. If the Contract is concluded for a period exceeding one month and the agreed Service has been used for more than 6 months, the Orderer shall not be entitled to a refund of an aliquot part of the agreed price for the Services, unless the Contract is terminated by the Provider. 
  6. If the Client for any reason cancels an already published Job Offer, the Provider shall have the right to stop publishing such a Job Offer; in such a case the Client shall not become entitled to a refund of an aliquot price of the agreed price. 
  7. If the Contract is terminated by the Provider on the basis of a violation of the Orderer's duties, the Orderer shall not become entitled to a refund of the agreed price. 
  8. The Provider may make the refund of an aliquot part of the agreed price subject to the payment of an administration fee, unless the Contract is terminated by the Provider. 
  9. The provider shall refund amounts of money to Clients only if, in an individual case, the amount exceeds CZK 8. 
  10. With the Provider's consent and on the basis of a mutual agreement with the Provider, the Client shall have the right to modify the Order; the Client's request to shorten the publication period of the Job Offer, if it has already been published on the Websites, shall constitute a modification of the Terms and Conditions of the Contract, which in accordance with Article XII, par. 3 of the GCTC requires the consent of both Contractual Parties. The Provider shall have the right to make the modification of the Order subject to the payment of an administration fee.


Article VII
Price for Services and Payment Terms

  1. The price for Services ordered shall be calculated according to the Price List effective on the date of ordering of Services. The Provider reserves a right to amend the Price List. The new Price List becomes valid on the date of publishing on the Profesia Website, unless otherwise specified in the Price List.
  2. All prices quoted in the Price List are without value added tax (VAT), unless expressly stated otherwise. The VAT rate shall be determined according to legal regulations in force and distinctively indicated in tax vouchers.
  3. The Client is obliged to pay to the Provider the Price for Services through a bank transfer to the Provider's bank account specified in the Contract or in the relevant invoice properly and in time. The invoice (tax voucher) is usually issued by the Provider upon making Services available to the Orderer or at the beginning of time period for which Services have been ordered by the Orderer. The invoice will be issued for the whole time period for which Services have been ordered by the Orderer. Invoices are due within 14 days following the date of issuance, unless otherwise specified in these GCTC and/or in the Contract.
  4. Should the Client delay in paying the invoiced amount, the Provider is entitled to charge the Client a late payment interest rate of up to 0,1% of the due amount for each day of delay and, at the same time, is entitled to temporarily, until due payment of the invoiced amount, discontinue further provision of Services. If the Provider interrupts provision of Services for reasons set out above, or for other reasons stated in these GCTC, it shall not be obliged to compensate the Orderer for Services ordered that were not made available to the Orderer during the interruption. This provision applies without prejudice to the Provider’s claims for compensation.
  5. The provider may in special circumstances, such as new Clients or Clients that raise concerns about proper and timely settlement of the price for Services, require an advance payment partially or in full based on an invoice due on the starting date of provision of Services at the latest. In case of a default with such payment, the Provider may refuse to make Services ordered available to the Orderer.


Article VIII
Rights and Duties of the Parties

  1. The Provider undertakes to provide Services in the best quality possible.
  2. The Orderer or the Job Seeker who placed the Job Offer and/or the announcement on the Web Sites shall be fully responsible for the content of the Job Offer and/or the announcement. Should the Provider recognise that the Orderer or Job Seeker published or is about to publish on the Websites a Job Offer and/or announcement the content of which is in any way contrary to legal regulations in force, to the Contract,to the present GCTC and/o tor good manners, the Provider shall be entitled to notify the Orderer or Job Seeker of that fact or refuse to publish such Job Offer or announcement with reference to the Article V/a (2) GCTC.
  3. Should the Orderer's Job Offer and/or announcement or any announcement of the Job Seeker include any images, logos, photos or other intellectual property, only the Orderer or Job Seeker who placed such works on the Web Sites shall be fully responsible for settlement of any liabilities in relation to the author of such works. The Orderer or Job Seeker undertakes to discharge of any claims raised against the Provider as a result of breach of any third party's rights set out in this provision and to indemnify the Provider in full.
  4. The range of Services provided depends on the type of Services ordered or on the Services package selected by the Orderer to be used.
  5. The Orderer shall have an exclusive right of access to Services ordered. The access to Services ordered shall be protected by a unique login name and a password. The Orderer shall protect the login name and the password against any misuse. The Provider bears no responsibility for any misuse of the Client’s user name and password by an unauthorised person or for any consequential damages and potential claims of third parties caused as a result of such misuse.
  6. The Provider reserves a right to modify the range and/or specification of Services at its own discretion.
  7. The Orderer may use data on the Job Seekers acquired from the available database of Limited-Extent Curriculum Vitas and/or Curricilum Vitas only for purposes of searching for a suitable Job Seeker to fill in the job vacancy. Nor is the Orderer entitled to using Job Seekers' details obtained by gaining access to the database of Limited-Extent Curricula Vitae and/or Curricula Vitae to contact a number of Job Seekers en masse, if the job positions required by those Job Seekers differ from the job position which the Orderer seeks to fill. The Provider shall consider such behaviour of the Orderer spamming. The Orderer shall be obliged to protect data acquired from the available database of Limited-Extent Curriculum Vitas and/or Curriculum Vitas against any misuse and may not use these data for any other purposes; in particular the Orderer shall ensure that these data are not made available or provided to a third party or publicised. In case of any breach of these duties the Orderer shall be fully liable for any resulting losses incurred. The Client agrees that if any claims are made against the Provider because of a violation of any rights of third parties stated in this section, the Client commits to settling those claims and to fully compensating the Provider. The Orderer takes note of the fact that the database of Limited-Extent Curriculum Vitas and/or Curriculum Vitas created by the Provider is subject to the Provider's copyright, and is protected in accordance with the Act No. 121/2000 Coll. on Copyright, and other relevant legal regulations. 
  8. The Provider is entitled to immediately interrupt the Services provided to the Client if the Client seriously breaches the Contract and/or the GCTC, especially if:
    1. The Client uses Job Seekers' details acquired through being granted access to the database of Limited-Extent CVs and/or the database of CVs in breech of section 7. of this GCTC article,
    2. The Client, through his registration, gives access to using the Services to any other person that, in the Provider's database, has so-called deactivated status because of failing to pay any outstanding debt to the Provider, because of using Job Seekers' details acquired through being given access to the Limited-Extent CV database and/or CV database in breech of section 7 of this article of GCTC, or because of another serious breech of the Contract and/or of the GCTC and/or of good morals,
    3. The Provider subsequently ascertains that, for any reason, the Client's registration was not justified (especially cases stated in article V section 2. of these GCTC),
    4. The Provider ascertains that the Orderer uses the Websites and/or Services for the purpose of (i) mass mailing of electronic messages, (ii) sending out messages containing information on the Orderer's products and services, (iii) sending out messages containing information that is in conflict with the laws of the Czech Republic, with ethical standards and with good manners, or that may harm the goodwill of the Provider or other natural persons or legal entities,
    5. the Client is acting in breech of the Contract and/or of these GCTC and/or of good morals, and if in doing so, in the Provider's justified opinion, especially on the basis of negative feedback of users of the Provider‘s Websites, the Provider's goodwill may be harmed and the quality level of the Services provided may be jeopardized.
  9. The Client undertakes to pay the Provider the price given in the Contract and/or in the Order and/or in the Price List for the Services ordered and/or provided.


Article IX
Claims Rules

  1. The Orderer shall be entitled to claim any failure by the Provider. The Orderer shall be also entitled to claim, within the claims procedure, a reasonable compensation for provable losses incurred as a result of the Provider’s failure or an adequate price discount.
  2. Any claim must be made within the time limit of 14 days of the date when the Orderer detected or could have detected the failure.
  3. Any claim shall be made by the Orderer in writing (by mail to the address of the Provider’s registered seat, by fax to No. +421 2 32 20 91 18, by e-mail to reklamace@profesia.cz), and delivered to the Provider. The Provider undertakes to communicate the findings concerning the claim within 7 days following the receipt thereof.
  4. A failure by the Provider shall mean any malfunction of Services specified in the Order exceeding a time period of 6 hours within previous 24 hours. Cases in which the Services are not available to the Client as a result of an outage of the Client’s connection to the Internet network or as a result of other facts for which the Provider is not responsible do not constitute a failure on the part of the Provider.
  5. A price discount shall be awarded in the form of a credit note or provision of alternative Services.
  6. Claims made in relation to the issued invoices, which may result in limitation of rights concerning the Provider’s receivables from the Orderer, must be made by the Orderer in writing with the Provider within 7 days following the delivery of the invoice.


Part D
Common and Final Provisions



Article X
Limited Liability of the Provider

  1. The Provider shall not be liable for any direct or indirect losses arising from dissemination of data from the database of Limited-Extent Curriculum Vitas and/or Curriculum Vitas to the Clients. The Provider shall not be liable for any direct or indirect losses arising from publication of the Job Offers on the Profesia Website.
  2. The Provider shall not be liable for the content and grammaticality of the published Job Offers or of any other announcements published on the Web Sites by the Orderers, Job Seekers or any other persons, nor for the correctness and currency of data kept in the database of Limited-Extent Curricula Vitae and/or Curricula Vitae.
  3. The Provider shall not guarantee to the Job Seekers finding a suitable job opportunity or a permanent or any similar employment. The Provider shall not guarantee to the Clients finding a suitable candidate to fill in the job vacancy or staying in a permanent or any similar employment.
  4. The Provider is not responsible for the correctness and completeness of information posted on the Websites, neither does he provide any guarantee for the usage of such information for the relevant purpose.
  5. The Provider does not bear responsibility for losses incurred by the users or by third parties through the use of the Websites, including loss of earnings or loss of any data.
  6. The Provider's activities are not paid job intermediation activities pursuant to Act No. 435/2005 Coll. on Employment, as amended.


Article XI
Common Provisions

  1. The Parties agree to settle any disputes between the Parties by means of mutual negotiations in order to reach reconciliation. In case of a failure to settle the dispute by agreement, any of the Contractual Parties may lodge an application for settlement of the dispute with a competent court in the Czech Republic .
  2. Any notices as well as legal and other acts which should or will be made in writing pursuant to the Contract or relevant legal regulations, shall be delivered to the other Party personally, through a courier service or by a registered mail to the last known address of that Party . The Parties stipulate that the mailing shall be deemed delivered even in the event of being rejected by the addressee, in which case the date of rejection shall be considered the date of delivery, or in the event of being returned to the senderas undelivered for whatever reason, in which case the date of returning to the sender shall be considered the date of delivery.
  3. In accordance to Section 7 of Act No. 480/2004 Coll., the Client or the Job Seeker agrees that the electronic contact he/she provides when registering may be used for providing business offers and advertising materials regarding products and services of Profesia CZ, spol. s r.o. as well as products and services of third parties.


Article XII
Final Provisions

  1. The Provider reserves a right to amend GCTC, while any amendments shall be immediately communicated to the Clients by means of publishing on the Websites, including the validity date thereof. The original GCTC cease to be valid on the validity date of new GCTC.
  2. The Contract may be altered or amended only on the basis of agreement of both Contracting Parties.
  3. The Parties undertake not to disclose to a third party any information acquired in the course of their cooperation. The Provider and its authorised personnel, who get in contact with personal data of the Orderer and/or Job Seekers in relation with their employment activities, shall maintain confidentiality according to the Act on Protection of Personal Data and shall neither make use of these data for personal purposes nor disclose them to a third party without consent of the person concerned. The stipulations of the present paragraph do not affect the duties issuing from relevant laws and/or rulings of concerned bodies.
  4. All relationships not regulated in the Contract and/or GCTC shall be governed by the valid Czech legal regulations.
  5. In case any provision in the Contract and/or GCTC becomes entirely or partially invalid, ineffective or unenforceable, validity and legal force of other provisions shall remain unaffected. The Contracting Parties undertake to replace such a void, ineffective or unenforceable provision with a new provision the meaning and intent of which closely resemble those of the provision that is being substituted as well as the contractual will expressed therein by the Contracting Parties. Until agreement is reached, the provisions of the relevant legal regulations shall be applied instead of such void, ineffective and unenforceable provisions.
  6. Contradicting provisions in the Contract shall prevail over GCTC. Application of GCTC may be excluded only by a written agreement of the Parties incorporated in the Contract.
  7. These GCTC enter into force on September 29th 2015.