General terms and conditions of LMC s. r. o. for services provided on the website www.profesia.cz
1. General Provisions
1.1 LMC s. r. o., with registered office at Menclova 2538/2, Libeň, 180 00 Praha 8, Company Registration Number 264 41 381, registered in the Commercial Register of the District Court Prague, (hereinafter referred to as "LMC"), is the operator of the website www.profesia.cz (hereinafter referred to as the "Website") and the provider of services on the Website.
1.2 LMC hereby issues these General Terms and Conditions (hereinafter referred to as the “GTC”) governing the rights and obligations of LMC and third parties in the provision and use of LMC’s services. The GTC are an integral part of the service level agreement with LMC and are binding for all users of the Services.
1.3 LMC's business activity is not recruitment for reimbursement under Act No. 435/2004 Coll. on Employment Services and on the amendment of certain acts as amended.
1.4 The following definitions for the purposes of the GTC and for the creation, amendment and termination of the legal arrangement between LMC and the Client or a Job Seeker are interpreted as follows:
(a) Client is a natural person or a legal entity that uses or intends to use the services provided on the Website, in particular in order to find a suitable employee
(b) Job Seeker is only a natural person who uses the services provided on the Website to find a suitable job.
(c) Service level agreement is concluded between LMC and the Client and stipulates the conditions for using the services provided by LMC
(d) LMC's CV Database is a database containing CVs created and/or published by Job Seekers
(e) Services are products that LMC provides to Clients and to Job Seekers especially through the Website
(f) Price List is a list containing the prices of Services that LMC provides to its Clients
(g) Job Advert is an advertisement posted by the Client on the Website to find a suitable employee and represents a particular type of Service provided on the Website. The provisions of the GTC stipulating the conditions for posting a Job Advert apply in kind to the posting of a Short-term Temporary Job, unless the parties agree otherwise.
(h) Personal data processing agreement is an integral part hereof and stipulates the conditions for processing personal data when using the HR Mark tool, which is accessible to every Client
(i) Visitor is any natural person who uses the Website. Clients and Job Seekers are also considered Visitors
(k) Regulation is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC on the protection of personal data
(l) Act is Act No. 110/2019 Coll. on Personal Data Protection.
2. Services Provided to Job Seekers
2.1 Services that LMC provides to Job Seekers are free and serve as an aid in finding an employment opportunity through the Website. Job Seekers are required to register on the Website to use certain Services. A Job Seeker registers under their own login email and password. A Job Seeker may cancel their registration at any time by sending an email to LMC with a request to cancel their registration.
2.2 Services provided to Job Seekers on the Website include in particular the option to:
(a) Reply or respond to a posted Job Advert. A Job Seeker is entitled to respond to a Job Advert posted on the Website; this Service is also available to Job Seekers not registered on the Website. This service is intended exclusively for Job Seekers, and LMC reserves the right not to interfere in any legal arrangement involving recruitment agencies and to restrict their prohibited activities via the Website.
(b) Create a job search agent on the Website for Job Adverts posted on the Website which, based on search criteria specified by Job Seeker, sends suitable Job Adverts to a given e-mail address.
(c) Save a CV in LMC’s CV Database and make it accessible by filling in an on-line form on the Website or by sending the printed form to LMC’s website. LMC reserves the right to modify the CV so that it conforms to the customs and practices for the completion of the forms. LMC also reserves the right not to make accessible or to delete a CV from LMC’s CV Database that contains insufficient information for a job search, or that according to LMC includes irrelevant information or information not related to the job search (e.g. political and religious views, advertising, vulgarism, etc.); LMC shall inform the Job Seeker about this decision with respect to such CV. Job Seekers are required to register on the Website to use this Service.
(d) Participate in discussions on the forum operated on LMC’s Website.
(e) Archive sent replies (responses) to Job Adverts posted on the Website.
(f) Request references from former employers or other individuals not previously determined and to anonymously assess the selection procedure at LMC's Client.
3. Services Provided to Clients
3.1 Services provided to Clients include Posting Job Adverts. After a successful registration, the Client is entitled to post a Job Advert on the Website. The Job Advert is published according to the following rules:
(a) The Client itself posts a Job Advert and determines its content, while a Job Advert must contain at least the minimum criteria as defined by LMC.
(b) LMC reserves the right to modify the Job Advert so that it conforms to the customs and practices for completing forms on the Website (formal modification).
(c) The period of Job Advert posting is specified by the Client. The Job Advert posting period selected by the Client must be in accordance with LMC’s valid Price List published on the Website.
(d) LMC reserves the right not to post or to delete a posted Job Advert or job offer:
1) which contravenes Czech law, ethical standards or general decency,
2) in which the Client conditions job matching and/or recruitment or similar employment with a handling fee or other payment,
3) which presents multiple job adverts in a single form for the job offer (i.e. within a single Job Advert),
4) which is incomplete or misleading, or contains false information, or reduces the quality of Services provided on the Website for other reasons,
5) contains advertising or marketing content or information about the products or Services of the Client or of a third party,
6) which may harm the reputation of LMC or of a third party,
7) of an erotic nature, or a Job Advert that arouses the suspicion that it may involve this type of work,
8) double-posted on the Website by one Client,
9) which includes a job opportunity through MLM (multilevel marketing) or doorstep selling,
10) which does not comply with the principles of equal treatment, which consists in the prohibition of discrimination on the grounds of gender, religion or belief, race, belonging to a nationality or ethnic group, disability, age, sexual orientation, marital and family status, skin color, language, political or other opinion, national or social origin, property, gender or other status or because of reporting criminality or other anti-social activity.
3.2 Access to LMC’s CV Database. LMC provides the Client with secure access to LMC’s CV Database. In justified cases, especially when LMC believes that a new Client poses a risk in terms of misusing the data of Job Seekers stored in LMC’s CV Database, LMC is hereby authorised to limit or refuse access to LMC’s CV Database to such Clients. The Client is only entitled to use the data of Job Seekers obtained from LMC’s CV Database to find suitable employees.
3.3 Publication of the Client’s logo on the Website, i.e. branding. More information: https://www.profesia.cz/cenik-sluzeb#image
3.4 Posting of advertising banners. More information: https://www.profesia.cz/cenik-sluzeb#advert
3.5 Implementation of specialised solutions for posting Job Adverts concerning a Client’s job vacancies (especially graphic design).
3.6 Mark HR application. Mark is an intuitive HR tool that helps a Client conduct the selection process for new employees. More information: https://www.profesia.cz/mark/
3.7 Additional Services according to the valid Price List.
4. Privacy Statement
4.1 The following provisions govern the conditions of personal data processing when providing the Job Advert Posting service.
(a) LMC’s Services include the option to Post a Job Advert or a Short-Term Temporary Job on the Website. Clients publish such Job Adverts or Short-Term Temporary Job Offers. A Job Seeker may respond to such Job Advert/Short-Term Temporary Job Offer published on the Website. LMC archives the answers sent by Job Seekers to Job Adverts posted on the Website.
(b) Responses on the Website to published Job Adverts archived by LMC contain data which, according to the Regulation and the Act, are considered Personal Data. Therefore, such Personal Data may only be processed with the consent of the data subject. Before sending in their answer or response to a Job Advert, the data subject is prompted to agree that all the provided personal data is accurate, and then to provide their consent as the legal basis for LMC to process their personal data.
(c) The purpose of the processing of this Personal Data for LMC is to provide assistance to the data subject as a Job Seeker to find a suitable job opportunity. LMC therefore archives the answers sent by Job Seekers to Job Adverts posted on the Website and ensures their forwarding (provision) to the Client that published the Job Advert on the Website.
(d) Consent to personal data processing is granted voluntarily for a period of 3 years. Personal data is anonymised and only used for statistical purposes after a period of 3 years. Within this period, a Job Seeker has the ability to work with their answers to Job Adverts on the Website (to view them, to reuse them, to resend them, etc.). The period of three years is considered the time in which no significant changes are expected with respect to the Job Seeker’s qualifications. The threeyear period was determined on the basis of HR-specific knowledge and expertise. A Job Seeker may revoke this consent to personal data processing at any time during the above-specified three-year period.
(e) A response on the Website to a published Job Advert includes: at least one means of contact (email address or phone number), the highest level of completed education, and gender (for statistical processing purposes only). Providing additional information in a response to a Job Advert is exclusively at the discretion of the Job Seeker concerned; LMC will never require such additional information. LMC in no way requires that a Job Seeker disclose any data considered a special category of personal data as defined in Article 9 of the Regulation.
(f) A Job Seeker sends their CV with all attachments to the Client and may grant their consent to the Client’s processing of their personal data for inclusion in the Client’s next selection process or the Client’s database of Job Seekers via the Website. The provision of consent to the personal data processing for the Client is the exclusive and voluntary decision of the Job Seeker. LMC enables the Job Seeker to provide the Client who has published the Job Advert in question with consent to the processing of personal data in the following wording: “Under Act No. 110/2019 Coll. on the Protection of Personal Data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 on the protection of individuals with regard to the processing of personal data, I hereby voluntarily consent to the administration, processing, and storage of my data by the Data Controller (name of the Client) included in my CV and cover letter and other attachments related to job seeking, which I have provided to the above mentioned company via the site www.profesia.cz on the Internet in order to be entered in the job seeker database for finding a suitable employee. No cross-border transmission to third countries of any kind will occur under any circumstances during the processing of this personal data. Consent may be revoked at any time; otherwise consent shall expire within 3 years from the date granted and all such data shall be anonymised and only used for statistical purposes.” This consent to personal data processing may be edited upon request by the Client; any editing of a consent to personal data processing is subject to approval by LMC.
(g) The Client declares that it is authorised to process personal data without specific consent from a Job Seeker exclusively under a different legitimate legal basis pursuant to the Regulation (for example: processing necessary to fulfil a contract in which one party is the Job Seeker, or to take measures prior to concluding an agreement upon request from a Job Seeker) and for the purpose of identifying a suitable employee, while the Client is authorised to decide alone on the grounds for such personal data processing. LMC is obliged to respect such decision (the Client’s request) and provide the Client with suitable conditions on the Website to make a change in such a legal basis for the Client.
(h) In order to maintain legal certainty, the Client declares that it accepts the fact that LMC does not obtain personal data on the basis of authorisation from the Client. LMC obtains personal data and then provides it to the Client based on specific consent from a Job Seeker. After posting of a Job Advert, LMC and the Client function as independent controllers of personal data, and therefore act independently and on their own behalf with respect to a Job Seeker after obtaining such personal data. This is without prejudice to the right of the Job Seeker as a data subject to exercise their rights in terms of the Regulation or the Act with each Data Controller and towards each Data Controller.
(i) The Client commits that the personal data obtained through the Website will only be used for the purposes of “Finding a suitable employee”. The Client may not use personal data obtained through the Website for any other purpose. Having obtained personal data, the Client is obliged to meet its notification obligation towards the data subject in terms of Article 14 of the Regulation. Based on the Client’s request, LMC shall provide the Client with suitable space on the Website for publishing information under Article 14 of the Regulation.
4.2 The following provisions govern the conditions of personal data processing when providing the CV Database Access service.
(a) Services provided on the Website include the opportunity for Job Seekers to create a CV and to make it accessible to Clients via the Website through LMC’s CV Database.
(b) CVs stored in the CV Database include data classified as personal data under the Regulation. Therefore, such personal data may only be processed with the consent of the data subject. Before depositing the CV, the data subject declares that all disclosed personal data provided by them is true, and subsequently grants their consent to LMC to process their Personal Data.
(c) The purpose of the processing of such Personal Data is to provide assistance to the data subject as a Job Seeker to find a suitable job opportunity. Based on the consent from the data subject and in the interest of accomplishing the purpose specified above, LMC is authorised to provide personal data contained in a CV to its Client.
(d) The Personal Data contained in the CV is provided to the Client over the Internet via the Website for a period of 3 months from the date on which the Job Seeker grants consent to LMC to process their personal data. After the expiration of this period, personal data contained in the CV shall not be made accessible and will remain stored in LMC's CV Database in case the data subject once again wants to disclose this data.
(e) The data contained in the CV Database shall be rendered permanently anonymous, and shall only be used for statistical purposes after a period of 3 years has passed since the Job Seeker’s last login to their registered account at www.profesia.cz. The data subject may decide to terminate or restore access to a CV at any time. LMC is obliged to definitively delete personal data upon a written request from a data subject.
(f) CVs stored in the CV Database include: at least one means of contact (email address or phone number), the highest level of completed education, specification of the job field and position they are interested in, identification of the location in which they are looking for a job, the type of employment sought, and gender (for statistical processing purposes only). The Job Seeker alone maintains full discretion as to which additional data to provide in a CV; LMC does not require any such additional information. LMC in no way requires that a Job Seeker disclose any data considered a special category of personal data as defined in Article 9 of the Regulation.
(g) The Client acknowledges that LMC does not obtain personal data on the basis of the Client's authorisation. LMC obtains personal data and then provides it to the Client based on specific consent from a Job Seeker.
(h) When providing Services, LMC and the Client function as independent controllers with respect to personal data, and act individually and on their own behalf with respect to the data subject. This does not affect the right of the Job Seeker as a data subject to exercise their rights under the Regulation with each controller and towards each controller.
(i) The purpose of personal data processing for the Client is “To find a suitable employee”. The Client may not use personal data obtained from LMC for any other purpose.
(j) Having obtained personal data, the Client is obliged to meet its notification obligation with respect to the data subject under Article 14 of the Regulation using its own means of communication.
4.3 The following provisions govern the conditions for processing Personal Data when using the MARK HR tool service.
(a) The MARK HR tool helps the Client in the process of selecting new employees, which simply cannot be executed without processing the personal data of Job Seekers. The Client processes the personal data of their Job Seekers as a personal data controller and regardless of whether such personal data from Job Seekers was provided via the Website operated by LMC, or if the Client obtained such personal data from Job Seekers directly from the Job Seekers themselves, or from third parties.
(b) LMC processes the personal data of Job Seekers as a processor on behalf of the Client when using the MARK HR tool. The basis for LMC’s processing of personal data is the personal data processing agreement concluded with every Client.
(c) LMC, as a processor, follows the Client’s instructions as they are the controller of personal data. All of the Client’s instructions are implemented online using the MARK HR tool. When using the MARK HR tool, the Client maintains absolute control over the personal data of their Job Seekers.
(d) By accepting these GTC, the Client concludes a personal data processing agreement in the form specified below, unless the Client and LMC agree otherwise in a separate agreement.
(e) The personal data processing agreement is concluded pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC. This personal data processing agreement is concluded by the Client and LMC.
(f) The personal data processing agreement functions to stipulate the rights and obligations of the Client as the personal data controller and LMC as the personal data processor when using the MARK HR Tool, whereby the Client authorises LMC to process the personal data of the Client’s Job Seekers in the scope defined in this personal data processing agreement.
(g) The purpose of the personal data processing agreement is to fulfil the Client’s rights and obligations as the future employer, within the execution of the selection process, with regards to their Job Seekers.
(h) Data subjects for the purposes of the personal data processing agreement are Job Seekers interested in employment by the Client.
(i) Processing involves personal data controlled by the Client, the scope and content of which corresponds to the purpose of such processing, specifically personal data in the following scope: name, surname, date of birth, address, information related to education and the work experience of the Client’s Job Seekers.
(j) The Client hereby declares that it took into account professional, technical, organisational, and personnel capabilities and the ability to ensure the security of the processed personal data when selecting the processor.
(k) The Client is authorised to request the following from LMC at any time over the valid term and after the termination of the personal data processing agreement: correction, deletion, blocking, release, and anonymisation of personal data processed under the terms of this agreement.
(l) The Client shall be solely responsible for obtaining the personal data and assessing the permissibility of the collection of such personal data.
(m) LMC is obliged to comply with generally binding legislation concerning personal data protection during the processing of personal data. LMC processes personal data obtained from and controlled by the Client exclusively in the form defined in the GTC and the personal data processing agreement, or under the individual documented instructions issued by the Client. LMC shall immediately inform the Client if, in its opinion, any of the provided instructions violate generally binding legislation. LMC shall have the right to suspend the performance of the respective instruction until it has been confirmed or changed by a person authorised by the Client to issue instructions.
(n) LMC is authorised to conduct the following operations using personal data in the information system created for the purposes of cooperation: to collect, record, organise, search, browse, store, dispose of, transmit, and provide data.
(o) LMC shall ensure those persons authorised to process personal data are bound to maintain the confidentiality of such information in a manner compatible with the agreement concluded under the GTC.
(p) LMC shall take suitable technical and organisational precautions to ensure the secure processing of personal data. In particular, LMC is obliged to: prevent unauthorised persons from having access to personal data-processing equipment; prevent unauthorised persons from using personal data-processing equipment; ensure that persons authorised to use the personal data-processing information system have access only to data which form the basis of their authorisation; ensure that, during the electronic transmission or transport of personal data or their storage on data carriers, personal data cannot be read, copied, modified, or destroyed in an unauthorised manner; ensure that it is possible to identify or verify who entered, modified or deleted personal data from the information system; and ensure that personal data is protected against accidental destruction or loss. LMC shall instruct all persons authorised to process personal data on the principles and statutory conditions for the processing of personal data.
(q) Unless otherwise agreed with the Client herein (in particular when the data is processed by a subcontractor), LMC shall process personal data on the basis hereof in its own premises using its own computing equipment and its own authorised personnel. The Client shall provide LMC with personal data in electronic form or it shall obtain this data via the Website. The Client and LMC agree that LMC is entitled to use subcontractors for the purposes of processing personal data. LMC is responsible for the subcontractor processing personal data and ensuring the protection of such data. LMC’s subcontractors for the purposes of the GTC are: Google Ireland Limited, Google Cloud Platform service per the Google Cloud Platform Terms of Service published online at: https://cloud.google.com/terms/ ; Hotjar Limited , C 65490, Level 2, St Julian’s Business Centre, 3, Elia Zammit Street, St Julian’s STJ 1000, Malta; Functional Software Inc. (Sentry) 132 Hawthorne Street, San Francisco, California 94107, USA, concluded in accordance with the decision of the European Commission of 7 June 2021 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council due to the judgment of the EU Court of Justice (Grand Chamber) of 16 July 2020 in Case C311/18). Mailjet SAS, 13 – 13 bis Rue de I’Aubrac, 75012 Paris, France; Profesia, spol. S r.o., se sídlem Bratislava - Staré Mesto, Pribinova 19, PSČ 811 09, Slovenská republika, IČO: 35 800 861; LMC Poland Sp. z o.o., with registered office at BL Astoria, Przeskok 2, 00-032 Warsaw, Republic of Poland, registered in the commercial register maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Department of the National Register Court under KRS registration number 0000988078, NIP 5252920122, REGON: 522873400. Except for the exception identified above, personal data processing is conducted exclusively in Czech republic, a Member State of the European Union, or in another Contracting State to the Agreement on the European Economic Area. LMC is authorized to engage another processor.
(r) LMC shall make every effort to aid and provide cooperation to the Client using suitable technical and organisational measures within the performance of its obligation to respond to requests to execute the rights of data subjects.
(s) LMC shall assist the Client in securing the performance of its duties under the Articles 32 to 36 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC with respect to the nature of the processing and the information available to LMC.
(t) LMC shall provide the Client with all information necessary to demonstrate fulfilment of the obligations laid down in generally binding regulations.
(u) After the expiry of the purpose for which the personal data is being processed, LMC shall be obliged to anonymise this data even without the explicit consent of the controller. The anonymised data may continue to be used for statistical purposes only.
(v) Personal data shall be processed through the use of LMC’s information system: MARK HR tool.
(w) LMC undertakes and declares that the MARK HR tool information system has sufficient security measures to protect against unauthorised access, modification, destruction or loss, unauthorised transfer, and other forms of unauthorised processing and misuse of personal data.
(x) LMC commits when processing the Client’s personal data to maintain confidentiality regarding such personal data processing.
(y) LMC shall familiarise its employees authorised to handle personal data with the main terms and conditions of personal data confidentiality and bind them through written obligation to maintain secrecy with regard to the processed personal data.
(z) The obligation to maintain confidentiality with regard to personal data shall survive the termination of cooperation.
(aa) The personal data processing agreement is valid and takes effect together with the GTC (the Client’s expression of consent) and is concluded for a fixed term equal to the duration of the contractual arrangement with the Client.
(bb) LMC is authorised from the establishment of such contractual arrangement to process the personal data of data subjects.
(cc) Contact details for LMC’s personal data protection officer: [email protected]
5. Creation, Modification and Termination of the Contractual Arrangement
5.1 The Client is required to register on the Website for the use of any of the Services. Registration is done by completing the registration form. When the registration has been completed successfully, the Client shall create its own on-line account that is protected by a unique username and password. The client is obliged to protect the username and password from misuse and not to provide them to third parties.
5.2 LMC’s services are ordered by means of an online account, rarely on the basis of a written (letter or e-mail) or telephone order from the Client.
5.3 By placing an order with LMC, the Client agrees with the possible disclosure of its personal data or personal data of its employees in the Job Advert, if it is required by the nature of the Service ordered by the Client from LMC.
5.4 The order must contain at least:
(a) The Client’s business name or its legal form,
(b) Billing address, or the correspondence address of the Client,
(c) Company Registration Number, Tax Identification Number and/or VAT Identification Number of the Client,
(d) The Client’s contact information (phone number, fax, email),
(e) Type of ordered Service and the period of Service provision.
5.5 A contractual arrangement is established upon LMC’s confirmation (via the Website, a letter, email or phone conversation) of the ordered Services. Provisioning of the Service ordered by the Client shall also be deemed order confirmation. The contract is concluded for a definite period of time during the provision of the ordered Service from the date of LMC’s order confirmation.
5.6 An order confirmed by LMC is binding, and may only be amended based on the mutual consent of the contractual parties. LMC is entitled to condition a change to an order upon payment of an administrative fee.
5.7 Unless otherwise stated in the Contract, it is possible to terminate the Contract before its expiry:
(a) upon written agreement of the parties.
(b) upon LMC’s withdrawal from the Contract, if the other party thereto has materially breached their obligations under the Contract or the GTC, whereby the material breach of the Contract is primarily classified as the following:
1) publication of the Client’s Job Advert in breach of the provisions of Article 3. GTC,
2) use of Job Seeker Data by the Client for any purpose other than to search for a suitable employee,
3) use of Services provided on the Website to send bulk emails or messages containing information about products and services, or messages containing information that contravenes Czech law, ethical standards and general decency, or which may harm the reputation of LMC or other natural persons and legal entities,
4) The Client is acting in breach of the Contract and/or the GTC and/or decency and if this may – especially on the basis of negative feedback from the users of the Website and according to LMC’s reasonable opinion – harm its reputation and reduce and/or endanger the level of quality of the provided Services.
5) use of automated systems (specifically bots, robots, modules or other automatic devices or programs to browse or collect Website content) when using the services provided by LMC or the Website, whose means of access that are not provided by LMC.
5.8 Written notice of withdrawal from the Contract is delivered to the other party at the address specified during registration or at the provided email address.
5.9 The Client is not entitled to any refund of paid fees if the use of the Services ordered by the Client is terminated through no fault of LMC. LMC is not responsible for the incomplete use of the Services.
6. Price of Services and Terms of Payment
6.1 The price of Services is defined pursuant to the valid Price List published on the Website on the day such Services are ordered.
6.2 LMC typically issues the invoice (tax document) after Services are provided to the Client. An invoice is normally issued for the entire period for which the Client has ordered the use of the Services. Maturity of invoices is 14 days from the date of invoice issuance, unless otherwise agreed in the Contract. In justified cases, LMC is entitled to provide the ordered Service after the payment of the Price for the ordered Service; LMC shall inform the Client of this fact beforehand.
6.3 The Client shall pay LMC the price of the ordered Service, duly and on time, by a wire transfer to its bank account specified on the invoice.
6.4 If the Client is in default with payment, LMC is entitled to charge default interest equal to 0.1% of the outstanding amount for each day of delay; it is also entitled to temporarily – until the settlement of the invoiced amount – suspend the further provision of Services. In the event of the Client’s delay exceeding 30 days, LMC is entitled to mandate the claim in question to a collection agency cooperating with LMC. The cost of the claim collection shall be included in LMC's claim.
6.5 The Client must raise any objections towards issued invoices, which could result in restriction of LMC’s right to such claim against the Client, in writing to LMC within 7 days from the date on which the invoice was received.
6.6 LMC will only refund amounts to the Client if they individually exceed 15 CZK.
7. Damage Liability
7.1 LMC is not responsible for the content of the Service provided (posted) on the Website, especially for its graphical representation (e.g. logo, photograph or other result of intellectual creative activity) and for its grammatical accuracy. The Client is solely responsible for the violation of any rights of third parties by providing the Service on the Website. LMC is not responsible for any damage caused by providing the Service on the Website.
7.2 The Client is obligated to protect the data obtained from LMC’s CV Database or from a Response against any misuse, and is also obliged to ensure that such data is not made available or provided to any other person or published. In the event of a breach of this obligation, the Client is fully responsible for any damage caused by such breach. The Client acknowledges that the CV database created by LMC is subject to LMC’s copyright and is protected under Act No. 121/2000 Coll., the Copyright Act, as amended. LMC is not responsible for the veracity and timeliness of the data contained in LMC’s CV Database.
7.3 The Client agrees that if any claims, due to the infringement of any rights of third parties referred to in this paragraph, are made against LMC, the Client undertakes to satisfy those claims and to fully indemnify LMC.
7.4 LMC shall not be liable to the Client for finding a suitable candidate to fill a job position and for them remaining in employment or a similar arrangement.
7.5 LMC does not give any guarantee to Job Seekers that they will find a suitable job opportunity or the duration of work or other such arrangement.
7.6 LMC is not responsible for any damage that may be caused to users or third parties by using the Website, including loss of profits or loss of data.
7.7 If the Contract is terminated without using the Services ordered by the Client through no fault of LMC, the Client is not entitled to recover the agreed price. LMC is not responsible for the incomplete use of the Services.
7.8 In the event of the Client’s default, LMC is entitled to suspend the further provision of Services to the Client. Such action taken by LMC does not entitle the Client to any compensation and reimbursement for ordered Services that it could not use during this suspension. This does not affect LMC’s entitlement to compensation.
7.9 LMC is not responsible for any misuse of a username and password by unauthorised persons, nor for any consequential damages and any claims of third parties caused by such abuse.
7.10LMC is liable to the Client for damage caused with its technical and software equipment, in connection with the concluded contract according to these General Terms and Conditions, up to a maximum amount that corresponds to the amount paid by the Client for the service in question according to the concluded contract for the period prior to the emergence of a claim for damages.
8. Complaints Procedure
8.1 The Client has the right to claim an error ("Error"), which occurred on LMC’s Website in connection with the Service provided for it. An Error attributable to LMC means in particular the malfunction of the Services specified in an order for a period longer than 6 hours during the previous 24 hours. It is not an Error attributable to LMC if the Services are not available at the Client due to a failure of the Client’s connection to the Internet, or due to other factors for which LMC cannot be held responsible.
8.2 The period for lodging a claim is no later than 14 days from the date when the Client found or could find the Error.
8.3 The Client may lodge the claim in writing (by sending a letter to the address of LMC's registered office, or by email to: [email protected]), while the claim must be received by LMC. LMC undertakes to provide information as to the resolution of such claim within 14 days from its receipt.
9. General and Final Provisions
9.1 All arrangements that are not stipulated in the Contract and/or GTC are governed by Czech law.
9.2 Divergent provisions in the Contract shall take precedence over the GTC. The scope of the GTC or parts thereof may be excluded only with the written agreement of the Contractual Parties to the Contract.
9.3 The GTC shall enter into force on 01 January 2023