Business Conditions
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CZECH REPUBLIC
LMC s.r.o. registered number: 26441381
registered office: Vysočanská 234, Praha 9 incorporated in the Commercial Register kept by the Municipal Court in Prague under File No C 82484. mailing address: Lighthouse Towers, Jankovcova 1569/2c, 170 00 Praha 7
VAT number: CZ26441381
Československá obchodní banka, a.s., Regionální pobočka pro korporátní klientelu Praha II
Radlická 333/150, 150 57 Praha 5 account number: 170158265/0300
IBAN: CZ7003000000000170158265
SWIFT (BIC CODE): CEKO CZ PP
SLOVAKIA
LMC, s. r. o. - organizačná zložka
Zochova 6-8, 811 03 Bratislava
registered number: 36703079
VAT number: SK2022277730
Československá obchodná banka, a.s., Námestie SNP 29, 815 63 Bratislava
account number: 4006396382/7500
IBAN: SK70 7500 0000 0040 0639 6382
SWIFT (BIC): CEKOSKBX
LMC General Terms and Conditions and Terms and Conditions of LMC Electronic System Use
1. Introductory provisions
1.1 LMC s.r.o. hereby issues, pursuant to Section 273 of Act No 513/1991, the Commercial Code, as amended, these LMC General Terms and Conditions and Terms and Conditions of LMC Electronic System Use (‘General Terms and Conditions’).
1.2 These General Terms and Conditions govern any and all LMC business relations into which LMC enters in connection with the use of its electronic systems, including business relations related to automated data processing in the field of human resources, business consultancy activities and the production of advertising.
1.3 LMC electronic systems are intended for legal and natural persons, for businesses and for non-business entities. Notwithstanding the fact that electronic systems are or may be available to persons who use or may use them outside the territory of the Czech Republic, any disputes arising in connection with the General Terms and Conditions shall be addressed in accordance with legislation in force in the Czech Republic.
2. Legal relations
2.1 All the above relations which are not governed by the General Terms and Conditions or agreed in writing under a specific agreement between LMC and a third person shall be governed by the relevant provisions of Act No 513/1991, the Commercial Code, Act No 40/1964, the Civil Code, Act No 101/2000 on personal data protection, Act No 121/2000 on copyright, and other relevant legislation.
2.2 Any different arrangements in the contract between the parties shall prevail over the General Terms and Conditions.
3. Definition of terms
3.1 The terms used in the text of the General Terms and Conditions shall have the following meanings:
LMC electronic systems:
The LMC websites jobs.cz, prace.cz, hotjobs.cz and topjobs.sk and programs created by LMC for use by clients.
Use of LMC electronic systems:
Browsing, reading and making entries in publicly accessible web pages and programs prepared by LMC.
User:
Any person registered on an LMC website who uses LMC electronic systems available online.
Client:
A legal or natural person purchasing services from LMC as defined in Article 4 of the General Terms and Conditions. ‘Client’ also means an agent or media agent.
Agent:
A legal or natural person looking for job seekers for a third parties via LMC electronic systems.
Media agent:
A legal or natural person mediating the range of LMC services defined in paragraph 4.3 of the General Terms and Conditions.
Advertising space:
A graphic, sound or textual means of communication used on the Internet to promote legal or natural persons and/or their services.
4. Review of LMC services
4.1 Automated data processing
The automatic data processing service consists of automatic data processing in the field of human resources (as well as ‘personnel services provided in electronic form’) in the use of LMC electronic systems and the technological environment of the Internet.
4.2 Multiposting of positions
The multiposting of positions means the mediation of advertising on job sites engaged in labour supply or demand outside the Czech Republic which are not operated by LMC (hereinafter referred to as ‘Foreign Servers’). This service is automated, i.e. via LMC electronic systems and/or via LMC employees ensuring cooperation with the operators of the relevant Foreign Servers. The multiposting of positions includes all processes leading to the publication of the client’s advertisement on a Foreign Server.
4.3 Online advertising services
‘Online advertising services’ means services provided by LMC to the client relating to the labour market (HR advertising, HR consultancy, recruitment) entailing arrangements for the creation, technical implementation and presentation of advertising space on or viar electronic systems operated by LMC for the benefit of the client.
4.4 Mediation of advertising in the press and on the radio
The provision of job advertisements in the press and on the radio comprises the organization of the process of creating the electronic and technical basis for newspaper printing or radio broadcasting, and the arrangement of the business processes leading to the publication of an advertisement in printed media or the broadcasting of an advertisement on the radio.
4.5 Consultancy services
‘Consultancy services’ means the provision of consulting in business activities and other consultancy-related services in the labour market.
4.6 Online psychometrics
Online psychometrics means the provision of services related to electronic surveying of the psychological characteristics of human resources. LMC provides this service in the form of access to online tests and questionnaires. Responsibility for the use of Online Psychometrics and the resulting consequences for those who undergo electronic testing is borne by the client as the direct user of the results of tests and questionnaires.
5. Veracity of the information presented
5.1 The user and client shall use LMC electronic systems to present entirely truthful information that will not be prejudicial to third parties or LMC.
5.2 The user and client shall use LMC electronic systems to present sufficiently clear and definite information that does not create a false impression concerning the nature of the entity or the job offered or sought.
5.3 The user or client entering information in LMC electronic systems shall be held liable for the veracity of the information presented. The user or client hereby expressly agrees that LMC may retain information about the registration of data in electronic systems that will clearly identify the specific user or client.
5.4 The user or client hereby expressly agrees to the use of information obtained in accordance with the General Terms and Conditions for a possible solution to any dispute with a client or user arising as a result of the presentation of false information, or for prevention of the use of LMC electronic systems by a user or client who has presented false information.
5.5 The client or user agrees that the data provided in relation to an order of a particular service may be publicly accessible.
6. Management of information presented
6.1 LMC reserves the right to refuse the presentation of:
6.1.1 information that is contrary to the law of the Czech Republic, general ethical rules and standards of public decency;
6.1.2 information with sexual overtones, such as offers of jobs or casual work related to sexually oriented services;
6.1.3 offers of work in which the client makes payment of a handling fee a requirement of the mediation of work for the user;
6.1.4 job and casual work offers that use multi-level marketing (MLM) systems;
6.1.5 general and commercial information about the client’s products that, by nature, are advertising in sections intended for offers of jobs and casual work (e.g. ‘offering an au-pair’, ‘make money online’, or ‘for payment I will…’);
6.1.6 of multiple positions, casual jobs and users in the text of a single presented position; in case of violation of this point, LMC reserves the right to invoice, retroactively, the full price of the position for each further position in the text of a single presented position; if a position is posted within the scope of a subscription, LMC may charge, for each further position, the full number of credits for which the original position was posted;
6.1.7 information that is presented in violation of the practices and rules for filling out entry forms (e.g. the use of asterisks, underline signs and other such characters in the name of a position);
6.1.8 information about or the curricula vitae of third parties without their knowledge;
6.1.9 information which may harm the name or reputation of LMC or other natural or legal persons;
6.1.10 direct Internet links to the client’s job or links to forms that require user registration, or the presentation of advertising messages encouraging users to register.
6.2 Pursuant to Section 5(1)(c) of Act No 101/2000 on personal data protection, as amended, LMC is entitled to check the truthfulness of information and content thereof in accordance with Articles 5 and 6 of the General Terms and Conditions. LMC is entitled to alert a user or client to any infringement of the terms of use of electronic systems and demand an immediate remedy or remove such information immediately from the electronic systems, even without the consent of the client or user.
6.3 In the provision of its services, LMC hereby expressly reserves the right to monitor a client’s electronic systems responding to candidates for a job that has been offered (hereinafter referred to as ‘Response Systems’). LMC further reserves the right to prevent the use of such Response Systems that are in any way confusing or non-transparent for an advertised post’s candidates, or that may create a negative impression of LMC services among candidates. LMC shall notify in advance the client operating the relevant Response System of any plan to prevent such use.
6.4 The client acknowledges that, in the provision of the multiposting service under paragraph 4.2 of the General Terms and Conditions, LMC does not guarantee that, if changes are made to the information entered, such changes will be displayed on the Foreign Servers. Further, subsequent text editing is not guaranteed in the context of the multiposting service.
6.5 Should the client wish to use pay per click (‘PPC’) systems, the client shall be entitled to index advertisements on domains in the ownership or administration of LMC only with LMC’s prior consent. LMC is entitled to refuse such consent if such an advertisement would in any way prevent LMC from subsequent use of the PPC system on the relevant domain owned or administered by LMC (e.g. because the system does not allow more than one advertisement per domain). Should the client violate this obligation, LMC shall be entitled to terminate cooperation with the client immediately and to seek full compensation for the damage incurred.
6.6 LMC reserves the right to use available technical and legal means to prevent the use of LMC electronic systems by a user or client who repeatedly violates the terms of use of LMC electronic systems.
6.7 The Client acknowledges that, during the provision of the service, the Client is not entitled to alter published data in the text and title of the position to such an extent that such action would constitute a change of position. LMC is entitled to assess whether a change of data results in a change of position, in which case LMC reserves the right to refuse the Client’s request to change data or to invoice, retroactively, the full price of the position for each such change; if a position is posted within the scope of a subscription, LMC may charge, for each change to a position, the full number of credits for which the original position was posted.
7. Supporting documentation and guaranteed time limits
7.1 A user or client is obliged to deliver supporting documentation to LMC at the expense and risk of the user or client. Data relating to automated data processing in the field of human resources are received electronically via LMC electronic systems, unless otherwise agreed.
7.2 If an LMC electronic system is used for data input, the information shall be displayed in public areas of LMC electronic systems within five hours of due transmission of the data. However, where a client uses an authorized part of LMC electronic systems for the first time (i.e. by means of the new registration of the client), the information shall be displayed in LMC electronic systems after verification of the new registration of the client, but within three working days of the due transmission and receipt of the data. If a different method is used for the delivery of supporting documentation for personnel services, e.g. provided in electronic format, LMC guarantees publication of the data by a deadline agreed in advance based on the form and properties of the documentation, but within ten working days from the due delivery of the supporting documentation, unless otherwise agreed. Within the scope of the Multiposting service, an advertisement shall be published in the home state of a Foreign Server within three working days of the order.
7.3 The rules for the transmission of supporting documentation for the production of a graphic presentation of the client’s vacancies in the client’s graphic design (the service as defined in paragraph 4.1 of the General Terms and Conditions) are governed by the annex to the General Terms and Conditions entitled ‘Rules for Generating Client Presentations’.
7.4 The supporting documentation for graphic advertising space (the service defined in paragraph 4.3 of the General Terms and Conditions) may be delivered by e-mail or on a portable data-carrying medium in the standard formats *.jpg, *.gif or *.swf with a maximum size of 35 kB. LMC, in the provision of its services, reserves the right to refuse a form of advertising banner (or other graphic advertising) of a client or user which is not of the aesthetic quality that may be justifiably required with regard to the processing of LMC electronic systems, especially in respect of banners (or other graphic advertising) presented on the homepage of jobs.cz.
7.5 Where there is a delay by a client in the delivery of supporting documentation or in the acceptance of such supporting documentation, the client shall be liable for any additional costs associated with the accelerated processing of the documentation.
7.6 Supporting documentation for the pre-selection of candidates (included in the service as defined in paragraph 4.5 of the General Terms and Conditions) comprises a written description of the position and a written profile of the candidate’s skills and qualifications.
7.7 Unless otherwise agreed, LMC guarantees the commencement of the services defined in paragraphs 4.1, 4.2 and 4.3 of the General Terms and Conditions within three working days from the day following due receipt of all supporting documentation. Where the client delays in delivering supporting documentation in the prescribed form, the time limit in which LMC is required to initiate the service shall be extended by the number of days of such delay. LMC reserves the right to change the date of publication in case of the delivery of supporting documentation in non-standard formats.
7.8 The date of commencement of the service by LMC, in respect of services provided under clause paragraph 4.5 of the General Terms and Conditions, will be specified in a separate order or agreed in the contract.
8. Order, order confirmation, and refusal of an order
8.1 LMC receives orders from clients, on the basis of which LMC provides services as defined in Article 4 of the General Terms and Conditions.
8.2 Binding orders for automated data processing services provided electronically are primarily accepted by LMC through the completion and submission of an electronic order form online, which is available in the LMC electronic systems. Binding orders may also be sent by e-mail, post or fax. Where additional services are purchased after the conclusion of the service provision contract, this may be negotiated between the parties by telephone.
8.3 On receipt of an electronic order form, LMC commences the provision of services based on the data entered in the form. If the order form does not specify when the service is to be commenced, the provision of the service will be initiated without undue delay.
8.4 The client notes that LMC shall issue confirmation of a binding order only at the express request of the client.
8.5 A duly completed order shall be regarded as a draft contract. LMC reserves the right to refuse an order within three days of receipt there of if
8.5.1. it is placed by a person or representative of a company who, in the past, has breached commitments and obligations under the General Terms and Conditions or the contract concluded with LMC;
8.5.2. implementation of the order would be inconsistent with LMC business policy;
8.5.3. implementation of the order would be contrary to the principles of fair trade.
9. Conclusion of a contract
9.1 A contract on the provision of services is concluded:
9.1.1 on commencement of the provision of services in accordance with an order demonstrably delivered to LMC, unless LMC refuses the order within three working days;
9.1.2 on conclusion of a contract between the client and LMC on the basis of the draft contract and acceptance thereof.
9.2 In business relations in which LMC requires the conclusion of a contract in the form of a draft contract and acceptance thereof, i.e. not the procedure described in paragraph 9.1.1 of the General Terms and Conditions, LMC reserves the right, depending on the current circumstances, to require the conclusion of a written contract, and shall inform the client thereof in good time.
9.3 On conclusion of a contract or on sending an order, the client agrees explicitly and without any reservations to:
9.3.1 respect the time limits and other circumstances specified in the General Terms and Conditions (graphic formats, the means to deliver supporting documentation, etc.);
9.3.2 to respect the technical possibilities of the Internet as a medium and LMC electronic systems;
9.3.3 the content of the General Terms and Conditions.
10. Billing and LMC fee
10.1 For services rendered pursuant to Article 4 of the General Terms and Conditions, LMC shall be entitled to a fee as set out in the LMC pricelist valid on the date of delivery of an order to LMC.
10.2 The fee shall be payable on the basis of a tax document – invoice. LMC shall issue the client with an invoice within 15 days from the date of commencement of the service. The invoice shall be payable on the fourteenth day after the taxable event, unless otherwise agreed.
10.3 LMC’s fee may be reduced by agency commission in cases of the mediation of a service in accordance with Article 11 of the General Terms and Conditions or on the basis of a written contract.
10.4 In respect of services as defined in paragraphs 4.1, 4.2 and 4.3 of the General Terms and Conditions, the date of the taxable event is considered to be the first day on which the service is provided by LMC. In other cases, the date of the taxable event is the last day of service provision by LMC.
10.5 The client shall not be entitled to the refund of the fee in full or in part if ordered services are not used.
10.6 LMC reserves the right to make the beginning of the provision of services contingent on the payment of a deposit at an agreed amount and in an agreed manner.
10.7 If the Client is in arrears in the payment of the fee or any part thereof for more than 14 calendar days, LMC is entitled to suspend the provision of Services until the Client pays the full amount of the fee. The provision of Services will be resumed promptly after payment of the amount due is credited to LMC’s account.
11. Credits, advertising subscriptions
11.1 Unused credits purchased through the annual Advertising Credit Subscription service or through an annual purchase order for services are not returned or carried forward to the next period unless agreed otherwise by the Parties. Additional credits purchased during annual cooperation (beyond the scope of an annual service or purchase order) are carried forward to the next period provided that the Client extends the cooperation for another year.
11.2 If, during the presentation of positions, the current annual Credit Subscription service under which the positions are posted expires, the presentation of all such active positions also terminates without the Client’s right to complain of early termination. If the Client extends the cooperation for another year, the positions will be presented throughout the period for which they were originally posted.
12. Mediated sales of LMC services
12.1 Clients, unless an agent, undertake to use LMC services solely for their own requirements.
12.2 An agent undertakes to use LMC services for the agent’s own needs and for meeting the needs of the agent’s clients. An agent undertakes not to mediate LMC services in the agent’s own name. An agent further undertakes not to arrange for third parties, in the agent’s own name and/or on the agent’s own account, the direct resale of advertised positions through LMC electronic systems; in particular, the agent undertakes not to contact any third party with a view to the publication of that third party’s job offer through LMC electronic systems. However, an agent is entitled to contact third parties with a view to searching for job-seekers at those third parties. In case of violation of this provision, LMC shall be entitled to terminate cooperation with such an agent with immediate effect and demand from the agent compensation for damage thus caused.
12.3 An agent is not entitled to use any LMC trademark without the prior written consent of LMC. In case of violation of this provision, LMC shall be entitled to terminate cooperation with such an agent with immediate effect.
12.4 Job offers from agents may be indicated and presented to users in LMC electronic systems as positions offered by the agents. Decisions determining whether an entity is an agent within the meaning of the General Terms and Conditions rest solely with LMC. The agent takes due note of this fact.
12.5 A media agent may, in agreement with LMC, mediate advertising services under paragraph 4.3 of the General Terms and Conditions. In this case, the agent shall be entitled to standard agency commission of 15% of the volume of services mediated. Agency commission shall not apply to services as defined in paragraphs 4.1, 4.2, 4.4 and 4.5 of the General Terms and Conditions.
13. Withdrawal from the contract
13.1 LMC is entitled to withdraw from the contract if:
13.1.1 supporting documentation delivered by the client is in breach of the law, standards of public decency, etc. (especially if it promotes violence, racism, discrimination against groups of the population, etc.);
13.1.2 the client is in arrears with payment of the LMC fee on the invoice payment deadline;
13.1.3 the client demonstrably harms the reputation of LMC or its trademarks;
13.1.4 the client requires the presentation of information in LMC electronic systems that is contrary to paragraph 6.1 of the General Terms and Conditions;
13.1.5 LMC detects defects in the client’s Response Systems pursuant to paragraph 6.3 of the General Terms and Conditions.
13.2 The client shall be entitled to withdraw from the contract for any reason or without giving reasons:
13.2.1 in respect of services under paragraphs 4.1, 4.2 and 4.5 of the General Terms and Conditions by the third day from the date on which service provision commences;
13.2.2 in respect of services under paragraph 4.3 of the General Terms and Conditions by the third day from the date of receipt of a binding reservation of service provision dates;
13.2.3 in respect of services under paragraph 4.4 of the General Terms and Conditions no later than the date on which LMC receives a binding reservation of service provision dates.
13.3 The client shall be entitled to withdraw from the contract if there is a total demonstrable outage of the provision of services by LMC for more than five working days, except in cases of a force majeure. The period of disruption in the provision of a service commences as of the moment the client notifies LMC in writing, by fax or by e-mail of the disruption of the service and asks it to redress the situation.
14. Termination of the contract and penalties
14.1 The contract between LMC and the client shall terminate:
14.1.1 on expiry of the period for which the contract has been concluded, if this term is part of the order or has been agreed in the contract;
14.1.2 on withdrawal from the contract in accordance with Article 13 of the General Terms and Conditions;
14.1.3 by agreement between LMC and the client.
14.2 If the contract is terminated due to LMC’s withdrawal from the contract pursuant to paragraph 13.1.2 of the General Terms and Conditions, LMC may, if a new contract is concluded with the same client, charge a connection fee of 1% of the fee billed under the terminated contract.
14.3 If the client, pursuant to paragraph 13.2 of the General Terms and Conditions, withdraws from a contract on the provision of the multiposting service under paragraph 4.2 of the General Terms and Conditions, or from a contract on the provision of the press advertising service under paragraph 4.4 of the General Terms and Conditions, the client agrees to pay any and all cancellation charges applied by the operators of Foreign Servers and/or publishers of printed media which arise as a result of the cancellation of the contract, and undertakes to pay LMC a cancellation fee of 10% of the total contract volume.
14.4 If the client, pursuant to paragraph 13.2 of the General Terms and Conditions, withdraws from a contract on the provision of the online advertising services under paragraph 4.3 of the General Terms and Conditions, the client agrees to pay LMC a cancellation fee of 50% of the volume of the contract.
14.5 If the client, pursuant to paragraph 13.2 of the General Terms and Conditions, withdraws from a contract on the provision of the consultancy services under paragraph 4.5 of the General Terms and Conditions, the client agrees to pay any and all cancellation fees charged to LMC by supplier organizations, and to pay LMC a cancellation fee of 10% of the volume of the contract.
14.6 If the Client is in arrears in the payment of a fee duly invoiced in accordance with paragraph 10.2 of the General Terms and Conditions, LMC shall be entitled to payment of a contractual penalty of 0.2% of the outstanding amount per day of delay inclusive. The obligation to pay a contractual penalty shall not prejudice the obligation to pay compensation, even to an extent in excess of the contractual penalty.
14.7 LMC reserves the right, if the client defaults on the payment of a fee duly billed in accordance with paragraph 10.2 of the General Terms and Conditions for more than one calendar month, to present information about the client's liability in LMC electronic systems.
15. Liability
15.1 LMC is required to extend the period of service provision, in the event of a proven defect in LMC’s technical equipment, for a period at least as long as the facility failure.
15.2 LMC shall not be held liable for damage resulting from a force majeure or malfunctions not related to LMC technical equipment. ‘Force majeure’ means an unforeseen event which occurs after the receipt of an order and which is not the fault of LMC, provided it is not caused by LMC error or negligence. If a force majeure occurs for reasons resting with LMC, LMC undertakes to inform the client of this situation and its causes without undue delay. Unless otherwise agreed, LMC will continue to fulfil its obligations under the contractual relationship to the best of its abilities and capabilities, including with the use of alternative means in order to comply with its contractual obligations.
15.3 LMC’s liability for damage caused by LMC’s technical equipment and software in connection with a contract concluded between LMC and the client is limited to the amount paid by the client for services on the basis of the contract. LMC shall not be under any duty to compensate the client for damages which could not be foreseen at the time the contract is concluded.
16. Copyright and trademarks
16.1 The client is required to obtain licences to use any and all the works presented in the publication of information, slogans, audiovisual recordings or advertisements that are used in relation to the provision of services by LMC; the client is also obliged to pay a fee for the granting of such licences and any other related costs. LMC shall not be held liable for copyright infringement by the client. If LMC incurs any damage in connection with a violation of this provision by the client, the client agrees to compensate LMC for such damage without undue delay after receiving such a request from LMC.
16.2 The client shall not be entitled to use LMC electronic systems or any part thereof in any manner other than for the client’s own use; in particular, it is prohibited to use such electronic systems in the form of copying and dissemination or other technical processing without LMC’s proven consent. Further, interference in the technical or substantive content of websites by users is prohibited.
16.3 The right to record and save or print materials stored in LMC electronic systems is allowed solely for private purposes; the resulting material may not be reproduced further in any manner whatsoever. Any other reproduction or alterations made by any mechanical or electronic means without the prior written consent of LMC are prohibited.
17. Agreement on jurisdiction
17. 1 LMC and the client hereby make this agreement pursuant to Section 89a of Act No 99/1963, the Rules of Civil Procedure, and agree that any disputes arising between them shall be in the territorial jurisdiction of LMC’s general court LMC, or the provincial court in whose area LMC’s general court is located.
18. Data management, protection of personal data
18.1 LMC declares that LMC shall protect personal data in accordance with Act No 101/2000 on personal data protection and in accordance with the principles contained in EU Directive No 95/46/EEC.
18.2 LMC shall not present, transmit or otherwise handle personal data provided to LMC by a user in the use of LMC electronic systems without the user’s consent. LMC shall be entitled to approach the user with a request to verify the correctness of personal data supplied. Data in respect of which there are well-founded doubts about their authenticity or accuracy will be immediately destroyed.
18.3 LMC was registered at the Office for Personal Data Protection on 20 August 2001 under registration number 0011059/001.
19. Correspondence details
19.1 LMC’s correspondence details are as follows:
LMC s.r.o.
Jankovcova 1569/2c
170 00 Praha 7
fax: 224 811 566
If you wish to contact us electronically, please click here.
20. Final provisions
20.1. LMC is entitled to amend the General Terms and Conditions unilaterally at any time. The contractual relationship between LMC and the client or user is subject in all cases to the General Terms and Conditions in effect at the time the contract on the provision of services is concluded.
This version of the General Terms and Conditions entered into force and effect on 5 January 2010. 