LMC General Terms and Conditions For Businesses

LMC General Terms and Conditions for Businesses

1. INTRODUCTORY PROVISIONS

1.1 LMC (as defined below) issues these LMC General Terms and Conditions for Businesses (“GTC”) that apply to relationships between LMC and businesses during a use of LMC Electronic Systems or the provision of Services (as defined below).

1.2 In the countries mentioned below, the LMC Electronic Systems and Services are to be provided by relevant company as follows:

(a) in the case of Agreements concluded for the use of LMC Electronic Systems or the provision of Services in the form specified by LMC for the Czech Republic, as well as if it is designated as a provider in the Agreement:

LMC s.r.o., a limited liability company with its registered office at Menclova 2538/2, Libeň, 180 00 Prague 8, the Czech Republic, ID No. 26441381, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 82484.

(b) in the case of Agreements concluded for the use of LMC Electronic Systems or the provision of Services in the form specified by LMC for the Republic of Poland, as well as if it is designated as a provider in the Agreement:

LMC POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw, address: BL Astoria, Przeskok 2, 00-032 Warsaw, the Republic of Poland, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Registry Court under entry no. KRS 0000988078, NIP 5252920122, REGON: 522873400, with the share capital in the amount of PLN 300.000.

(c) in the case of Agreements concluded for the use of LMC Electronic Systems or the provision of Services in the form specified by LMC for the Slovak Republic, as well as if it is designated as a provider in the Agreement:

Profesia spol. s r.o., a limited liability company with its registered office at Bratislava - Staré Mesto, Pribinova 19, Postcode 811 09, the Slovak Republic, ID No.: 35 800 861, entered in the Commercial Register maintained by the District Court Bratislava I, Section Sro, Insert 22949/B.

1.3. The relationship between LMC and the Client is governed by

(a) These GTC available at

1) https://www.lmc.eu/cs/vseobecne-obchodni-podminky , if the Agreement was concluded with LMC with its registered office in the Czech Republic,

2) https://www.lmc.eu/sk/vseobecne-obchodne-podmienky if the Agreement was concluded with LMC with its registered office in the Republic of Poland,

3) https://www.lmc.eu/pl/ogolne-warunki-handlowe if the Agreement was concluded with LMC with its registered office in the Slovak Republic,

(b) Product Terms (as defined below),

(d) documents referred to by these GTC or any applicable Product Terms, and 

(e) applicable laws.

1.4 Current contact and billing details of LMC are available

(a) https://www.lmc.eu/cs/kontakty if the Agreement was concluded with LMC with its registered office in the Czech Republic.

(b) https://www.lmc.eu/pl/kontakt if the Agreement was concluded with LMC with its registered office in the Republic of Poland.

(c) https://www.lmc.eu/kontakty if the Agreement was concluded with LMC with its registered office in the Slovak Republic.

1.5 If personal data is processed by LMC as a personal data processor during providing the Service, such processing is governed by the Data Processing Agreement, unless otherwise agreed. LMC may request consents to personal data processing from users in order to process the user’s personal data for the purpose stated in the relevant privacy notice. LMC may perform other rights and duties arising from the LMC’s status as the controller or processor of personal data. An information about the processing of personal data by LMC as the controller of such personal data is available in the Privacy Policy (https://www.lmc.eu/en/privacy-policy)

1.6 An informative English translation of these GTC is available at https://www.lmc.eu/en/general-terms-conditions. In case of discrepancies between the English version and the language version according to Article 1.3(a) of these GTC, the relevant language version according to Article 1.3(a) of these GTC shall prevail.

2. DEFINITIONS OF TERMS USED

2.1 The terms used in these GTC have the following meaning:

(a) Advertisement: a presentation of an offer, e.g. job vacancies demanded by the Client, which is displayed in LMC Electronic Systems under the terms of the Agreement.

(b) Agent: a Client that is looking for job applicants for third parties through the LMC Electronic Systems, e.g. a recruitment agency.

(c) Agreement: an agreement for the provision of Services concluded between LMC (as defined above) and the Client in any form (including paper or electronic orders).

(d) Data Processing Agreement (https://www.lmc.eu/en/general-terms-conditions/personal-data-protection): the terms and conditions of personal data processing in connection with the Agreement.

(e) Client: A business who concluded an Agreement with LMC to provide Services, including the Agent.

(f) Foreign Job Portals: servers with job offers or vacancies outside the Czech Republic, the Republic of Poland and the Slovak that are not operated by LMC.

(g) GTC (https://www.lmc.eu/en/general-terms-conditions): these LMC General Terms and Conditions for Businesses.

(h) LMC: relevant company providing the LMC Electronic Systems and the Services in the given country as described above.

(i) LMC Electronic Systems: Websites or other computer programmes (including mobile applications) and related databases provided by LMC.

(j) Parties: parties to the Agreement, i.e. LMC (as defined above) and the Client.

(k) Product Terms (https://www.lmc.eu/en/general-terms-conditions/product-conditions) terms and conditions of specific Services.

(l) Response Systems: Client’s electronic systems allowing users to submit responses to Advertisements.

(m) Service: any LMC service offered and provided within the LMC Electronic Systems or a service provided directly by the LMC representatives or its authorised agents, particularly services listed in these GTC.

3. OVERVIEW OF LMC SERVICES

3.1 Advertising, Data Processing, Data Evaluation and Other Statistics:

(a) Publication of Advertisements and automated processing of human resources data using a LMC Electronic System,

(b) Arrangement of the automated publication of Advertisements on Foreign Job Portals,

(d) Advertising Services on the Internet, related to the labour market (personnel advertising, personnel consultancy, recruitment of employees) consisting of the creation, technical implementation and presentation of the advertising space in the LMC Electronic Systems,

(e) Other Services related to labour market prospects as may be offered by LMC.

3.2 Educational Services:

(a) on-line educational training via LMC Electronic Systems,

(b) other educational services in human resources and other areas as may be offered by LMC.

3.3 Consultancy Services: human resources consultancy and other Services related to labour market consultancy, or similar Services as may be offered by LMC.

3.4 Intermediation Services: intermediation Services as agreed between LMC and the Client.

4. LIABILITY FOR INFORMATION PRESENTED VIA LMC ELECTRONIC SYSTEMS

4.1 Clients must present:

(a) Information that does not cause any harm to third parties and LMC, and

(b) Clear and sufficiently specific information that, in particular, will not lead to a false impression regarding the nature of persons or jobs being offered and demanded.

4.2 The Client that has stored the presented information in the LMC Electronic Systems shall be liable for the content thereof. LMC may keep information on data entry in the LMC Electronic Systems enabling clear identification of a specific Client.

4.3 Information obtained in accordance with the Agreement can be used by LMC to resolve any dispute with the Client resulting from the disclosure of false information or to prevent the use of LMC Electronic Systems by the Client that has disclosed information contrary to these Terms.

4.4 The data provided to LMC in relation to the Agreement may be publicly available if necessary for providing the Service or such publication is part of the Service; Article 9 does not apply in such extent.

5. HANDLING OF PRESENTED INFORMATION

5.1 LMC is not obliged to provide Services if:

(a) Services or Advertisements contain information that is in conflict with the applicable law, general ethical rules, public order or good morals.

(b) Advertisements contain sexually suggestive information as well as job offers or part-time jobs that involve sexual services.

(d) Advertisements contain job offers involving multi-level-marketing (MLM).

(e) Advertisements contain general and commercial information on the Client’s products which might be considered advertisement (e.g. “we offer au-pairs”, “let the Internet make money for you”, or “I will do it for remuneration” etc.).

(f) There are more job positions, part-time job positions, Clients or other potential employers mentioned in one Advertisement; if this duty is breached, LMC is entitled to be paid the full price of another Advertisement for each additional job offer (position) or Client or other potential employers mentioned in the text of the Advertisement; if the Advertisement is published based on a subscription, LMC is entitled to take the full number of credits for each additional job offer (position) or Client or other potential employers which should normally be published as separate Advertisements.

(g) The information is presented contrary to common practices and regulations for filling input forms (e.g. using asterisks, emoji, underscores and other special characters in the job title).

(h) Information or CVs of third parties are presented without their knowledge.

(i) The information may harm the reputation of LMC or other natural or legal persons.

(j) The Advertisement contains a direct Internet link to Client’s job positions offers or links to forms requiring registration and advertising communications inviting people to registration.

5.2 LMC may review the content of any information presented by the Client according to Article 4 and 5 of the GTC. LMC may notify the Client of a breach of Article 4 and 5 of the GTC and request an immediate remedy, or to remove such information from the LMC Electronic Systems even without Client’s consent or prior notification. In case of breach of Article 4 and 5 of the GTC, LMC is entitled to immediately terminate the Agreement without notice, including termination the Services.

5.3 LMC hereby explicitly reserves its right to review the Response Systems in the course of providing the Services. LMC also reserves its right to prevent the use of the Response Systems that are confusing or complicated for the applicants interested in offered jobs or may give the applicants a negative impression of LMC or its services. LMC shall inform the Client whose Response System is involved about such prevention in advance.

5.4 The Client acknowledges that in the course of intermediation of posting the Advertisement on Foreign Job Portals, no subsequent text editing is guaranteed and LMC is not obliged to change information already entered on Foreign Job Portals.

5.5 If the Client wants to use “pay per click” systems, it may index its advertisements on domains owned or managed by LMC only with the prior consent of LMC. LMC is entitled to refuse to provide such consent if the advertisement would in any way prevent LMC from using the “pay per click” system on the domain owned or managed by LMC (e.g. because the system in question does not allow more than one advertisement per domain etc.). If the Client breaches this obligation, LMC is entitled to immediately terminate the Agreement without notice and claim damages in full.

5.6 In the case of the Service consisting of searching the CV databases, the Client is not entitled to use any systems that allow automated data processing to search the database, as it burdens the LMC Electronic Systems excessively. The use of any system allowing automated data processing when searching LMC databases (including CV databases) constitutes a material breach of the Agreement.

5.7 LMC reserves its right to prevent the use of LMC Electronic Systems by the Client that has repeatedly and substantially breached the Agreement by all available technical and legal means.

5.8 The Client is not entitled to modify information published in the text and title of the Advertisement to the extent that it would change the job offered. LMC is entitled to assess whether the modifications change the job, and if so, LMC is entitled to refuse the Client’s request to change the information, or to demand the full price for another Advertisement for each such change; if the Advertisement is published based on a subscription, LMC is entitled to the full number of credits for which the original job offer was published for each such change.

6. SUBMISSION OF MATERIALS AND STARTING DATE OF PROVISION OF SERVICES

6.1 Clients are required to submit materials to LMC at their own expenses and at their own responsibility. Information related to automated data processing in the field of human resources is accepted electronically through the LMC Electronic Systems, unless agreed otherwise.

6.2 Upon entering the data, it is displayed in the public sections of the LMC Electronic Systems:

(a) within two (2) hours after the data have been properly sent, if LMC Electronic Systems are used;

(b) no later than three (3) business days after the data have been properly sent and accepted, if the Client uses the authorised parts of the LMC Electronic Systems for the first time (newly registered Client). The information is displayed in the LMC Electronic Systems after the new Client’s registration is verified;

(c) within the pre-agreed period depending on the form and properties of the materials, but no later than ten (10) business days after the materials have been properly submitted, unless agreed otherwise, if the materials for personnel Services are submitted in any other way, e.g. electronically.

6.3 In the case of intermediation of advertising on Foreign Job Portals, the advertisement is published in the home country of the Foreign Job Portals within three (3) business days following making the order.

6.4 The rules for submitting materials to create a graphic design of presentation of job vacancies of the Client or other graphic materials of the Client needed to use LMC Services shall be governed by the Terms for Creating Career Pages and Company Profile (https://www.lmc.eu/en/general-terms-conditions/conditions-creating-career-pages-company-profile).

6.5 LMC reserves its right to refuse the Client’s commercial communication if its form does not comply with the standards of appropriate aesthetic quality that can be reasonably required with regard to the processing of LMC Electronic Systems, particularly when it comes to banners (or other graphic ads) presented on the home page of any LMC Electronic System.

6.6 If the Client is in delay with submitting the materials or accepting these documents, the Client shall pay all additional costs associated with the processing of the materials in a shorter period of time.

6.7 Unless agreed otherwise, LMC guarantees that the Service will be provided within three (3) business days of the day following the receipt of all materials for Services defined in Article 3.1 of GTC. If the Client is in delay with submitting the materials, the deadline by which LMC is obliged to start providing the Service shall be extended by the number of days of the delay. LMC reserves its right to change the publication deadline if the materials are provided in non-standard formats or otherwise contrary to the Agreement.

6.8 In the case of consultancy Services, the starting date of the provision of Services by LMC will be indicated in a separate order or agreed in the Agreement.

6.9 If required by the relevant LMC Electronic System, the Client is obliged to register with the relevant LMC Electronic Systems before LMC starts to provide the Service. The Client may create additional user accounts, unless these GTC provide otherwise.

6.10 The Client is entitled to dynamically manage and advertise individual job offers for the entire duration of the contractual relationship with LMC as made available by LMC in the LMC Electronic System.

6.11 LMC will present each offer through the Service for the agreed period of time.

6.12 The Client shall use the Services solely for its own needs.

7. INTERMEDIATION OF LMC SERVICES

7.1 If the Services are used by an Agent, then the Agent:

(a) Shall use the LMC Services solely for its own needs and to satisfy the needs of its clients;

(b) May not intermediate the Services in its own name;

(c) May not provide third parties with direct sale of advertisements in its own name or on its own account through LMC Electronic Systems, in particular, the Agent may not contact third parties in order to ensure the publication of job offers of these third parties through LMC Electronic Systems;

(d) Is entitled to contact third parties for the purpose of seeking applicants among these third parties;

(e) Is entitled to use any LMC trademark only with the prior written consent of LMC.

7.2 Job offers from Agents may be marked and presented to the users as intermediated by the Agents in LMC Electronic Systems. Whether an entity is considered an Agent shall be decided exclusively by LMC based on conditions in the Agreement (incl. the GTC).

7.3 Any breach of any provision of this Article of GTC by the Client shall constitute a material breach of the Agreement.

8. USING LMC ELECTRONIC SYSTEMS

8.1 The access to the Client’s account/accounts in LMC Electronic Systems is protected by login data.

8.2 The Client shall not:

(a) Process data in LMC Electronic Systems in an automated way, or to extract or utilize LMC databases in a similar way beyond the scope necessary to fulfil the purpose of the Agreement,

(b) Attempt to access parts of LMC Electronic Systems to which it was not explicitly granted access by LMC,

8.3 The Client shall:

(a) Inform LMC about all security deficiencies of LMC Electronic Systems detected when using the LMC Electronic Systems,

(b) Refrain from publishing the security deficiencies for at least ninety (90) days of the notification to LMC.

8.4 The Client shall also:

(a) Set up a separate user account in the LMC Electronic Systems for each employee and set unique login username and password for each account;

(b) Prevent any sharing of login data among the Client’s employees or with third parties;

(d) Prevent the misuse of the login data.

8.5 The Client shall immediately notify LMC of any unauthorised use of login data or misuse of such data. LMC shall not be liable for any misuse of the Client’s login data or for any damage and claims of third parties arising from the breach of the above-mentioned obligations of the Client.

8.6 For the purposes of adjustments and further development of LMC Electronic Systems, LMC shall be entitled to use any feedback from any Client, without the Client’s claim to any financial settlement whatsoever.

9. CONFIDENTIALITY

9.1 The Parties undertake to maintain confidentiality of confidential information. Confidential information shall mean any information and data that the Parties obtain in direct or indirect relation to the negotiation regarding mutual cooperation, in particular, all data, documents, and business terms of all kinds and forms, tangible and intangible, which are mutually provided by the Parties in writing or orally within the presentation or otherwise for the purpose of mutual cooperation. Confidential information shall also mean all information on applicants, clients, know-how and other matters of the Parties that are not publicly available (or not designated to be publicly available) and known and are subject to business secret. Any press release or public announcement regarding the mutual cooperation shall be subject to the prior written approval of LMC.

9.2 The Parties undertake not to disclose confidential information to any third party and to take measures to prevent third parties from having access to such information. The provisions of the previous sentence shall not apply to confidential information:

(a) LMC is entitled or obliged to publish in connection with the Agreement;

(b) which has been in the public domain as of the date of the disclosure thereof;

(c) which has become or will become publicly known or available otherwise than through the breach of the contractual obligations of either of the Parties, their employees, advisers or consultants;

(d) which has been disclosed based on an obligation resulting from the generally binding legal regulations or an authorized requests of courts or relevant public authorities (e.g. Police authority);

(e) disclosed based on an express consent of the relevant Party.

9.3 The confidentiality obligations shall remain effective regardless of the duration of the Agreement.

9.4 LMC hereby undertakes not to collect, gather, keep, disseminate, make available, process or use any confidential information, or combine the same with other information, in any manner without legal title or contrary to the Client’s directions. LMC undertakes to forward to the Client without undue delay any confidential information LMC may come into contact with beyond its regular work for the Client, and, in the period LMC handles the confidential information, to ensure that the same is sufficiently protected against any loss, theft, destruction, unauthorised access or accidental or other damage or other unauthorised use or processing.

9.5 If confidential information related to the Client is disclosed to a third party, LMC undertakes to ensure that the third party will be bound by the confidentiality obligations to the same extent as LMC.

9.6 LMC shall observe common security standards in respect of computer virus risks and computer network protection. LMC acknowledges its obligation to comply with all legal obligations related to data protection and business secrets.

10. AGREEMENT

10.1 The Agreement is concluded:

(a) by entering into a written Agreement;

(b) by LMC confirming the Client’s order;

10.2 By entering into the Agreement, the Client agrees:

(a) the terms and conditions of providing the Services (graphic formats, ways of submitting materials etc.);

(b) with possible limitations of the Internet network and the environment of LMC Electronic Systems;

10.3 LMC accepts orders from its Clients based on which it provides the Clients with Services. A duly completed order is binding for the Client at the moment of its delivery to LMC.

10.4 The Client sends its orders for LMC Services primarily by completing and sending an electronic order form that is available in LMC Electronic Systems. A binding order may also be sent by other means allowed by LMC, e.g. by e-mail, mail or phone.

10.5 LMC reserves its right to refuse the order within three (3) business days following its receipt if:

(a) the Client has previously breached its obligations under the Agreement (including the GTC);

(b) the execution of such order would be in conflict with the LMC business policy;

(c) the execution of such order would be in conflict with the principles of fair business practice, good morals or public order.

10.6 LMC will start providing the Services under the terms of the Agreement, unless it refuses the order pursuant to Article 10.5 of the GTC. The provision of the Service shall start without undue delay, unless the Agreement indicates otherwise.

10.7. LMC is entitled to assign all rights and obligations under the Agreement as well as the Agreement as a whole to another person if such a person is a part of the Alma Media group. LMC shall notify the Client of such assignment.

10.8 Both LMC and the Client hereby assume the risk of changing circumstances and thus any change of circumstances shall not give rise to any claim to renew contract negotiations.

11. PRICE FOR SERVICES, INVOICING

11.1 LMC allows access to LMC Electronic Systems and Services in return for a payment, some parts of these LMC Electronic Systems and Services may be accessed free of charge.

11.2 For the Services provided, the Client shall pay LMC the price according to the LMC price list for Services valid as of the receipt of the order by LMC. If allowed by LMC, the price may also be settled by credits according to the current online price list. All prices are provided without VAT, other taxes or charges, unless explicitly provided otherwise. The Client acknowledges that should the relevant financial operation be subject to taxation or subject to compulsory charges, the price shall be increased by such tax or charge according to applicable laws. Each payment made to the benefit of LMC shall be considered as settled by the date of its crediting to LMC´s bank account.

11.3 The price shall be due based on the tax document (invoice) issued in accordance with the applicable law. LMC shall issue the invoice within fifteen (15) days of the date of conclusion of the Agreement. The invoice is payable on the fourteenth (14th) day of its issuance, unless agreed otherwise.

11.4 In the case of the provision of the Service, the taxable supply shall be deemed rendered on the day of the provision or the day on which a tax document is issued, with the exception of instalment or payment schedule, or a payment receipt, whichever may be earlier, or as otherwise provided by the applicable law. The Services specified in Article 3.1 of the GTC shall be deemed provided on the first day of their provision by LMC

11.5 The Client is not entitled to a refund of the price paid or a discount on the price if the Client does not use the ordered Services or for reasons not exclusively attributable to LMC.

11.6 LMC reserves its right to suspend the provision of Services, unless a deposit in the requested amount is paid by the Client.

11.7 If the Client is in default with the payments of the price or any part thereof for more than fourteen (14) days, LMC shall be entitled to interrupt the provision of the Services until the price is fully paid by the Client. The provision of Services will be resumed immediately after crediting the amount due to the LMC account. The Client is not entitled to an extension of the duration of the provision of the Services by the period for which the provision of the Services was suspended, and is not entitled to any discount or other reduction in the agreed price for the Services.

11.8 The Client agrees that tax documents (invoices) will be issued electronically.

11.9 If the agreed period of the provision of Services during which Advertisements were published expires or another Service has been agreed, the presentation of all active jobs shall also expire on the last day of this period, regardless of the time for which the jobs were offered, and the Client shall have no claim due to the early termination. If the Parties agree to extend their cooperation by another year (a new Agreement is concluded), the relevant Advertisements will be published for the entire period for which they were originally posted.

12. TERMINATION OF AGREEMENT AND SANCTIONS

12.1 The Agreement between the client and LMC may be terminated:

(a) upon the expiry of the period for which the Agreement was concluded, if such period is specified in the order or the Agreement;

(b) by the an immediate termination of the Agreement in accordance with Article 13 of the GTC;

12.2. If the Agreement is terminated immediately by LMC, LMC is entitled to charge the so-called engaging fee of 1% of the price already invoiced under the terminated Agreement if a new Agreement is concluded with the same Client.

12.3 If the Client is in default with the payment of the price for Services, LMC is entitled to charge the Client the statutory default interest on the outstanding amount.

12.4 The obligation to pay sanctions shall be without prejudice to the obligation to compensate for damage in full.

12.5 Even after the termination of the Agreement, LMC is obliged to meet its obligations arising from the relevant legal regulations governing the obligations related to personal data protection, particularly to prevent any unauthorised use of personal data until they are transferred to the Client or a third party designated by the Client according to the Client’s instructions, or until the data is safely disposed of.

13. IMMEDIATE TERMINATION OF THE AGREEMENT

13.1 LMC is entitled to terminate the Agreement immediately if:

(a) the materials provided by the Client are in conflict with the applicable law, good morals, public order etc. (particularly if they promote violence, racism, discrimination against certain population groups etc.),

(b) the Client is in default with the payment of any of its debts to LMC (regardless on whether the debt arised from the Agreement or another agreement);

(d) the Client demands the presentation of information in LMC Electronic Systems that are contrary to Article 5.1 of the GTC,

(e) LMC finds defects in the Client’s Response Systems pursuant to Article 5.3 of the GTC,

(f) LMC learns that the Client acts contrary to Article 5.6 of the GTC,

(g) the Client substantially breaches the Agreement.

13.2 The Client is entitled to terminate the Agreement immediately only in the case of a material breach of the obligations by LMC. A material breach shall, in particular, mean a breach of LMC obligations due to which the provisions of Services by LMC is demonstrably completely suspended for more than ten (10) consecutive business days in full, except where the suspension is due to force majeure.

13.3 The immediate termination of the Agreement shall only have future effects.

14. DAMAGES

14.1 In the event of a defective performance by LMC, the Parties agree that LMC:

(a) will compensate the Client by a substitute performance of other Services at the corresponding value, or

(b) provide other substitute performance as agreed by the Parties.

14.2 LMC is not liable for any damage caused by force majeure or defects outside LMC’s equipment. Force majeure is deemed to mean a temporary or permanent, extraordinary, unforeseeable and insurmountable obstacle arising independently of LMC’s will. In the event of force majeure on the part of LMC, LMC shall notify the Client of the situation and its cause without undue delay. Unless agreed otherwise, LMC will continue to fulfil the Agreement to the extent of its best abilities and capabilities, even using alternative means to meet its contractual obligations.

14.3 The liability of LMC for damage due to technical and software equipment of LMC in connection with the concluded Agreement shall be limited to the amount paid by the Client for the Services under the Agreement within the period preceding the claim. LMC is not obliged to compensate the Client for damage that could not be anticipated at the time of the conclusion of the Agreement.

15. COPYRIGHT AND TRADEMARKS

15.1 The Client is obliged to obtain licences for the use of all works presented in the published information, slogans, audio-visual recordings or ads that will be used in connection with the provision of the Services by LMC, and is also obliged to pay remuneration for these licences and all associated costs. LMC is not liable for the breach of copyright by the Client or due to the publication of materials provided by the Client. If any damage is incurred to LMC in relation to the breach of this provision by the Client, the Client shall compensate LMC for all damages without undue delay following the LMC’s request.

15.2 The Client is not entitled to use LMC Electronic Systems or parts thereof otherwise than for its own (internal) use or in a manner exceeding the scope of use expressly allowed by LMC, it is particularly prohibited to spread and copy them or otherwise technically process them without a prior written demonstrable consent of LMC. The Clients are also prohibited from tampering in any way with the technical means or contents of the websites.

15.3 Uploading, saving or printing materials stored in LMC Electronic Systems is only allowed for private (internal) purposes, and the materials thus obtained shall not be further distributed / reproduced in any way. Any other mechanical or electronic reproduction or modification without the prior written consent of LMC is prohibited.

16. GOVERNING LAW, AGREEMENT ON JURISDICTION

16.1 The Parties agree that their legal relationship shall be governed by the law of

(a) the Czech Republic if the Agreement was concluded with LMC with its registered office in the Czech Republic.

(b) the Republic of Poland if the Agreement was concluded with LMC with its registered office in the Republic of Poland.

(c) the Slovak Republic if the Agreement was concluded with LMC with its registered office in the Slovak Republic.

16.2 The Parties hereby agree that any conflicts between them shall be subjected to the exclusive jurisdiction of the courts of

(a) the Czech Republic, and the court of local jurisdiction shall be the general court of LMC or the regional court in the region where the general court of LMC is located if the Agreement was concluded with LMC with its registered office in the Czech Republic.

(b) the Republic of Poland, and the competent court shall be the court of local jurisdiction for LMC if the Agreement was concluded with LMC with its registered office in the Republic of Poland.

(c) the Slovak Republic, and the competent court shall be the court of local jurisdiction for LMC if the Agreement was concluded with LMC with its registered office in the Slovak Republic.

17. FINAL PROVISIONS

17.1 LMC is entitled to unilaterally amend or supplement these GTC and Product Terms, as well as other contractual terms contained in the Agreement, to the appropriate extent if there is a reasonable need to amend them. In this case, LMC is obliged to inform the Client about the effective date of the new terms affected by the amendment and notify the Client of these new terms affected by the amendment at least seven (7) business days prior to the effective date of the new terms in an appropriate manner (primarily, but not exclusively, via e-mail or LMC Electronic Systems used by the Client). The appropriate extent shall mean the change to any of the provisions of the GTC or Product Terms, as well as other documents to which these GTC refer.

17.2 If the Client does not agree with the terms announced by LMC pursuant to Article 17.1 of the GTC, the Client is entitled to terminate the Agreement by delivering a disagreement within fifteen (15) days of the receipt of the LMC notification. In this case, the Agreement will be terminated on the effective date of the new terms affected by the amendment, or on the date on which the Client’s disagreement is delivered to LMC, whichever comes later.

17.3 The terms of Articles 17.1 and 17.2 shall apply mutatis mutandis to objections to the authorisation of an Other Processor, as this term is used in the Personal Data Processing Policy. Contrary to Article 17.2 and beyond the provisions of the Personal Data Processing Policy, (i) notifications are made in accordance with the Personal Data Processing Policy, and (ii) the Client is obliged to communicate any objection immediately, but no later than within five (5) business days of the notification. LMC will assess the Client’s objections, and if they are legitimate, LMC will take appropriate measures in relation to such an Other Processor. If LMC takes measures and the Client does not raise objections against these measures within five (5) business days of the notice of such measures, the Agreement shall be still in force and effect under the newly notified terms. If the Client expresses its disagreement with the measures taken within the deadline specified in the previous sentence, the Agreement will be terminated on the date on which such notice is delivered to LMC. The provisions of this Article 17.3 shall not apply to Other Processors that are natural persons working with LMC.

17.4 These GTC are valid and effective from

(a) 1. 1. 2023 for Agreements concluded with LMC with its registered office in the Czech Republic.

(b) 1. 1. 2023 for Agreements concluded with LMC with its registered office in the Republic of Poland.