1. INTRODUCTORY PROVISIONS
1.2 The rights and obligations of LMC and the Client not expressly stipulated in these Product Terms are governed by the LMC General Terms and Conditions for Businesses available at https://www.lmc.eu/en/general-terms-conditions/ (“GTC“) and the provisions of the applicable laws and regulations. In the event of any discrepancy between these Product Terms and the GTC, the present Product Terms shall prevail.
2. DEFINITIONS OF THE TERMS USED
2.1 The terms used in these Product Terms have the following meaning:
(a) Remuneration: price paid by the Client to the Referrer in return for recommending a Job Applicant and their subsequent hiring by the Client for employment or any other similar contractual relationship, as well as meeting other terms, in the amount specified by the Client when entering the job position in the LMC Electronic System.
(b) Referrer: individual in a contractual relationship with the Client (usually the Client’s employee or the person otherwise cooperating with the Client, for example, on the basis of a service agreement, assignment contract, etc.) and directly addressed by the Client with the offer of remuneration for the recommendation of the Job Applicants to their vacancies.
(c) Job Applicant: individual who is interested in a Client’s position posted in the LMC Electronic System and uses the LMC Electronic System.
2.2 Other terms used in these Product Terms but not defined herein have the meaning defined in the GTC.
3. SERVICE DESCRIPTION
3.1 The Services provided by LMC to the Client are listed in the Agreement.
3.2 By entering into the Agreement, the Client also undertakes to pay the Remuneration to the Referrer under the terms set forth below. The terms and the amount of the Remuneration will be determined by the Client when entering a job position in the LMC Electronic System. The terms for the payment of the Remuneration are determined by the Client and must be approved by the Referrer prior to the recommendation of each job position, together with the terms and conditions set forth by LMC within the use of the LMC Electronic System.
3.3 The obligation to pay the Remuneration is governed exclusively by a special arrangement between the Client and the Referrer. There is no liability arising between LMC and the Referrer in relation to the payment of the Remuneration. LMC is not a party to the contractual relationship between the Client and the Job Applicant or between the Client and the Referrer.
4. RIGHTS AND OBLIGATIONS OF THE CLIENT
4.1 Using the Services requires the registration of the Client in the corresponding LMC Electronic System, as well as the registration and assignment of the relevant Referrer to the specific Client. The Client assigns the Referrer to the Client.
4.2 The Client agrees that the Referrer’s recommendations may take place on the basis of (i) a particular recommendation of the Job Applicant, or (ii) a non-specific recommendation through a hyperlink unique for each Referrer.
4.3 The Client acknowledges and agrees that LMC is not able to control and influence the behaviour of the Referrers. However, LMC undertakes to provide the Client with reasonable cooperation in order to identify fraudulent behaviour by the Referrers or Job Applicants.
4.4 By concluding the Agreement and publishing the relevant job position, the Client undertakes to pay the Remuneration to the Referrer once the latter has fulfilled the terms set forth below.
4.5 The Client agrees that the terms for the Referrer’s entitlement to the Remuneration are as follows:
(a) The Remuneration may only be obtained in association with recommending the job position listed in the Job List, which is published in the relevant part of the LMC Electronic System.
(b) The recommendation of an appropriate person for a particular job position and the subsequent hiring of that person by the Client for employment or another similar contractual relationship concerning that particular job position. The moment of making the recommendation will be deemed as (i) the moment of sending the first response by the Referrer to the specific recommended Job Applicants, or (ii) the moment when the Job Applicant sends their first response to the offered job position through a personalised hyperlink unique for each Referrer.
4.6 Every Client is entitled to provide additional terms (introduced with the symbol “i”), which entitle the Referrer to the payment of the Remuneration. Such additional terms must not conflict with these Product Terms or any other terms governing the use of this LMC Electronic System.
4.7 The Client undertakes to pay to the Referrer the Remuneration if the Referrer has fulfilled all of the terms specified above.
5. FINAL PROVISIONS
5.1 These Product Terms are valid and effective as of 24 April 2018. For Clients who concluded an Agreement with LMC prior to the effective date of these Product Terms, these Product Terms shall apply upon expiry of the thirty (30) day term from the notification of a change of these Product Terms.