General terms and conditions of the company Cloud-IT s. r. o.
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The company Cloud-IT s. r. o., seated at Jozefská 7, 811 06 Bratislava, the Slovak Republic, identification No. 46 731 610, entered in the Commercial Register of the District Court Bratislava I, section Sro, File no. 82629/B (hereinafter referred to as the „Provider„), hereby issues the following general terms and conditions for the provision of SaaS RECRU (hereinafter referred to as the “GT&Cs“):
Definition of Basic Terms
In addition to the terms used in the header of these GT&Cs and in the other provisions of these GT&Cs, the following terms (called definitions) shall have the meanings given below:
- „Account„: it is the virtual space of each Customer on the Server for the purpose of using the ordered Package of SaaS RECRU to which the Customer has exclusive access and also the designated Users have access thereto to a specified extent.
- “Additional Service”: service specifically requested by the Customer and performed by the Provider related to the SaaS RECRU, in particular consultations, training and changes in settings as well as diagnostics and troubleshooting that become necessary or unavoidable for the Customer during the use of the service and are not included in the SaaS RECRU Price.
- “Additional Service Price”: the remuneration, expressed as an hourly rate which appertains to the Provider for the performance of the Additional Services.
- „Availability„: the situation when the functions of SaaS RECRU are available to the Customer according to the parameters and under the conditions defined in Article IX of these GT&Cs.
- “Bugs”: any errors and flaw that occur in the SaaS RECRU during its usage. Bugs are not considered to be defects that the SaaS RECRU had at the time it was made available.
- „Commercial Code„: Act No. 513/1991 Coll., the Commercial Code, as amended.
- „Copyright Act„: Act No. 185/2015 Coll., the Copyright Act, as amended.
- „Customer“ means a person who – by the procedure specified in these GT&Cs – has ordered the selected Package in a binding manner of SaaS RECRU from the Provider.
- „Decisive Period„: the time-limited period of the Customer’s access to Package(s) of SaaS RECRU. The Decisive Period lasts from the date of launch of a specific Package until the end of this access to a specific Packages of SaaS RECRU.
- „Documentation„: SaaS RECRU configuration or user manual or another SaaS RECRU documentation determined by the Provider.
- „Helpdesk„: operative maintenance and support service provided by the Provider for the use of SaaS RECRU to the Customer in selected Packages.
- “HR process”: the process of managing human resources.
- „Information„: all information, facts, documents and data that the Customer electronically stored to the Server via SaaS RECRU thru a user interface of the service in the Account of the Customer for the purpose of the digital collection thereof, processing, archiving, production of statistics, export and other use of SaaS RECRU.
- „Package„: a range of functionalities of SaaS RECRU compiled by the Provider. Individual Packages are provided in return of a consideration and differ in the number of functions included and by the price; the Packages are composed starting from the lowest Package (performs the least functions) to the highest Package (performs the most functions).
- „Parties„: The Provider and the Customer together.
- „Price List„: a document containing the current prices of SaaS RECRU Packages. The current Price List is attached to these GT&Cs.
- „Registration Form„: the form available on the Website which is a binding order of the Customer to the Provider in relation to a particular Package of SaaS RECRU.
- „SaaS RECRU License„: the consent of the Provider to the Customer for the use of SaaS RECRU to the extent of the selected Package in the manner specified in in Article V of these GT&Cs.
- „SaaS RECRU Price„: the remuneration due to the Provider for making SaaS RECRU available to the Customer according to Article V of these GT&Cs.
- „SaaS RECRU„: is software accessible via the Internet and provided by the Provider as a service through the Customer’s remote access to this software; the software is operated, managed, updated by the Provider and is stored on the Server ensured by the Provider in order to make the software available to the end customer (e., the Customer and/or the User). The software is used for comprehensive management of the HR selection process and personnel records.
- „SaaS„: is abbreviation for „Software as a Service„, i.e., software provided as a service.
- „Server„: one or more cloud servers secured by the Provider through third parties which contain software for the use of SaaS RECRU.
- „Users„: are persons authorized to have access to the Customer’s Account who have been authorized by the Customer or another person who has been granted an authorization by the Customer to add Users for user access to the Customer’s Account within the scope of certain functions of a Package.
- „Website„: the website of the Provider recruhr.com.
Introductory Provisions – Subject Matter of the Agreement
- These GT&Cs govern all obligations and all reciprocal rights and obligations of the Parties which have arisen or are related to a concluded contract for the provision of SaaS RECRU (hereinafter referred to as the „Agreement„).
- Through SaaS RECRU, the Provider – in consideration of a remuneration – provides the Customer with a service of collecting, processing, keeping and storing Information and data for managing and ensuring comprehensive management of the HR selection process and personnel records, within the scope of various SaaS RECRU Packages.
- By concluding the Agreement:
- the Provider undertakes:
- to make SaaS RECRU available to the Customer on their Servers and allow the Customer to use SaaS RECRU in the manner according to Article IV of these GT&Cs and grant the Customer a license to SaaS RECRU for the term of the Agreement,
- to ensure maintenance, functionality and Availability of SaaS RECRU for the Customer,
- The Customer undertakes to:
- use SaaS RECRU exclusively within the scope of the SaaS RECRU License;
- pay to the Provider the SaaS RECRU Price in the amount depending on the Customer-selected Package.
- Upon the specific request of the Customer, the Provider shall provide the Additional Service to the Customer within the agreed period of time and the Provider shall pay the Customer the Additional Service Price for such services.
Entering into and Changing of the Agreement
- The Parties conclude an Agreement for the paid version of SaaS RECRU in electronic form according to the terms and conditions laid down in these GT&Cs, by selecting the given SaaS RECRU Package on the Website in the “Buy” box and completing the Registration Form by the Customer in the already created Customer Account (version “Try for free”) or via a link sent to the Customer by the Provider and sending it to the Provider pressing the „Save“ button at the end of the Registration Form. A Registration Form sent according to the previous sentence of this clause represents a binding order of the Customer to the Provider in relation to a specific Package of SaaS RECRU or the moment of successful submission of the Registration Form is considered the point of conclusion of the Contract without the need for further confirmation by the Provider; a detailed description of Packages and their functionalities is on the Website.
- The Customer shall fill in all mandatory data specified in the Registration Form and by sending the form according to subclause 1 of these GT&Cs, they confirms and guarantees that these data are correct, complete, true and current; otherwise, the Provider cannot guarantee the provision of SaaS RECRU properly and in a timely manner.
- Part of the Registration Form is the wording of these GT&Cs with which the Customer shall get acquainted thoroughly and at the same time the Customer entitled to download these GT&Cs by clicking on the link to the “Terms and Conditions” at the end of the Registration Form; the currently effective wording of the GT&Cs is always published on the Website.
- After submitting the Registration Form, the Provider is entitled to verify and request a confirmation of the e-mail address entered in the Registration Form by the Customer. The Provider shall send the Customer a randomly generated password to the e-mail address provided in the Registration Form for access to the Customer’s Account; the Customer can change the access password directly after logging in to their SaaS RECRU Account. If the Customer does not receive the access password within 2 (two) business days after the conclusion of the Agreement (submission of the Registration Form), the Customer shall contact and notify the Provider of this fact, and without delay after such notification the Provider shall arrange for rectification or instruct the Customer to find the access password. The Customer is entitled to define several separate Users in the SaaS RECRU who will log in to the Customer’s account using different access password. In the event that the Customer has a password due to the fact that they had created an Account prior to the conclusion of the Agreement on the basis of the Agreement for free time-limited SaaS RECRU within the “Try for free” version, they shall continue to use the original password and the process of sending new password shall not apply, unless otherwise agreed with the Provider.
- After making SaaS RECRU available, the Provider will also make the Documentation available to the Customer and, in cooperation with the Customer, perform the initial setup of SaaS RECRU.
- The place of performance of this Agreement is the Server secured by the Provider through third parties which contains all software resources for the use of the functions of SaaS RECRU and Information.
- In the event of a change to Package of SaaS RECRU, the following rules shall apply:
- The Customer is entitled to ask the Provider to change a Package from a lower Package to a higher Package at any time during the Decisive Period through Account. The change of a Package will occur immediately upon delivery of the Customer’s request for a change of a Package to the Provider. Delivery of the request for a change of a Package shall be deemed to be an agreement of the Parties about content change of the Agreement within the specified scope. In the next invoice, the Provider will invoice the price of the already changed higher Package; The price for the higher Package appertains to the Provider for the entire calendar month in which the change occurred according to this point of these GT&Cs, regardless of the fact that the change occurred throughout the calendar month and the lower Package was still used by the Customer during a part of this month.
- The Customer is entitled to ask the Provider to change the Package from a higher Package to a lower Package at any time during the Decisive Period through Account. The change of a Package will occur only from the 1st(first) day of the following calendar month after delivery of the Customer’s request for a change of the Package to the Provider. A change of a Package pursuant to the preceding sentence shall be deemed to be an agreement of the Parties about content change of the Agreement within the specified scope. In the next invoice, the Provider will invoice the price of the already changed lower Package.
- If the Customer is interested in Additional Services, they shall send a separate order to the Provider specifying the requirements for Additional Services. In this case, the Agreement for Additional Services shall be deemed to be concluded upon confirmation of the order by the Provider.
- The Parties agree to the following terms and conditions for the granting of a SaaS RECRU License:
- Method of Use of SaaS RECRU: exclusively for the Customer’s own internal use for the purpose according to Article II subsection 2 of these GT&Cs. The Customer is not entitled to alter SaaS RECRU in any way, nor to modify it, process it, combine it with other works (if not agreed with the Provider), make copies of SaaS RECRU, distribute or link SaaS RECRU to multiple devices or to other services, nor to disseminate SaaS RECRU over a network nor to publicly distribute the original SaaS RECRU or a copy thereof by transfer of ownership, lending or lease, nor to display SaaS RECRU publicly by displaying the original of SaaS RECRU or a copy thereof, nor to delete, change, hide or obscure information about property rights (including any copyright and trademark) of the Provider or their affiliates, partners, suppliers or licensors of SaaS RECRU, nor to use SaaS RECRU in any other manner that is contrary to the conditions of use of SaaS RECRU set out in these GT&Cs.
- Scope of SaaS RECRU License: territorially unrestricted and materially limited to the extent corresponding to the ordered Packages of SaaS RECRU.
- Non-exclusive Nature of SaaS RECRU License: non-exclusive according to the provision of s. 70 subs. 4 of the Copyright Act.
- Term of the SaaS RECRU License: limited in time to the Decisive Period.
- Transfer and termination of SaaS RECRU License: upon the Customer ceasing to exist, the rights and obligations of these GT&Cs pass to thier legal successor.
- Paid-for Nature of SaaS RECRU License: the Provider is entitled to SaaS RECRU Price.
- Handling a SaaS RECRU License: The Customer is not entitled to grant third parties permission to use SaaS RECRU in the extent of the SaaS RECRU License (sub-license), nor to assign the rights under their SaaS RECRU License to a transferee without the prior written consent of the Provider. The restriction according to the first sentence of this clause of the GT&Cs does not limit the right of the Customer to allow the use of SaaS RECRU by Users. In the event that the Customer requests the Provider to grant consent, the non-granting of consent / non-expression of any standpoint does not establish any fiction of granting consent by the Provider on the basis of the Customer’s request. The consent granted by the Provider can be withdrawn at any time and for any reason.
- The granting of a License to SaaS RECRU pursuant to this Article of the GT&Cs does not establish any ownership right for the Customer, nor any intellectual property right or industrial property right to SaaS with the exception of the rights and claims expressly granted by these GT&Cs.
Price and Payment Terms
- The current Price List of Packages forms an annex to these GT&Cs. By agreeing to these GT&Cs, the Customer represents that he has duly acquainted himself with the Price List and accepts it unconditionally.
- The price of a SaaS RECRU Package is set for a period of 1 (one) calendar month per one User and the Provider is entitled to this price after each calendar month. The Provider shall be entitled to the SaaS RECRU Price for the period of a calendar month in full amounts, including each initiated month or month in which the Customer used SaaS RECRU only for some days.
- The Saas RECRU Price is generally paid via credit card in a way that the Customer enters the credit card details in the Registration Form in a previously created Account on the basis of the Agreement for free time-limited SaaS RECRU within the “Try for free” version, and the Customer expressly agrees that until the Provider is notified of other payment card details or the Parties conclude an agreement to change the method of payment for the SaaS RECRU, the Provider shall be entitled to use such payment card to pay for the SaaS RECRU Price. The SaaS RECRU Price paid by payment card shall be due on the first day of the calendar month following the month for which the Provider is entitled to the SaaS RECRU Price. The Customer is not entitled to provide one-time payment card details generated by bank applications.
- By concluding the Agreement and providing payment card details, the Customer agrees to regularly recurring payments of the Price of the relevant SaaS RECRU Package each month so that the Provider is entitled to automatically charge the SaaS RECRU Price for the previous calendar month to the card at the beginning of each calendar month without the need for any further approval of payment by the Customer. If the payment card is canceled or if payment to the Provider cannot be made due to insufficient funds or for any other reason, this shall be chargeable to the Customer and the Customer shall become past due in their payment of the SaaS RECRU Price on the date on which the payment from the card could not be made to the Provider.
- If the Customer cannot pay the SaaS RECRU Price by credit card for an objective reason, it is possible to pay the Price by bank transfer on the basis of invoices issued by the Provider only by agreement with the Provider or if the Registration Form allows it by selecting this option.
- The Provider always issues an electronic invoice ex post, for the previous calendar month. The due date of the invoice is 15 (fifteen) calendar days from the date of delivery of the invoice to the e-mail address of the Customer; to determine the monthly price of the relevant Package for the Customer, the Price List, current as of the first day of the calendar month to which the SaaS RECRU Price is paid, available on the Website is decisive. The date of invoice delivery to the Customer’s e-mail address shall be deemed to be the date on which the e-mail containing the invoice is sent by the Provider.
- In the event that an invoice issued by the Provider does not contain the requisites according to the valid legal regulations and/or is issued incorrectly in terms of content, the Customer is entitled to return the invoice to the Provider within the due date thereof, in which case the Price is payable with the new due date in the corrected (new) invoice which contains the requisites according to the valid legal regulations and/or is correct as to the content thereof.
- In the event that there is a change in the Customer’s data that are necessary for issuing an invoice compared to the data originally provided in the Registration Form, the Customer shall notify the Provider by an e-mail sent to: firstname.lastname@example.org, without undue delay. Failure to do so shall not entitle the Customer to postpone the due date of the invoice pursuant to the preceding paragraph of this Article.
- The Additional Service Price is determined as an hourly fee for each initiated hour of the Additional Service. The Additional Service Price is generally paid in the same form as the basic SaaS RECRU Price. The Provider may issue an invoice for payment of the Additional Service Price to the Customer even if the basic SaaS RECRU Price is paid by credit card. Point 6 of this Article of these GT&Cs shall apply for the issue and delivery of the invoice for the Additional Service Price.
- The Additional Service Price is set at EUR 50.00 (fifty euros) excluding VAT/ each initiated
The Price is considered duly and timely paid by the Customer on the day of crediting the entire invoiced amount to the bank account of the Provider which is specified in the relevant invoice.
- In the event of the Customer’s delay in fulfilling their due financial obligations, the Provider has the right to be paid interest on late payments in the amount of 0.05% of the amount regarding which the Customer is in arrears, for each day of delay in fulfilling the monetary obligation until full payment.
Special Provisions for Analysis and Adjustments to SaaS RECRU Based on an Order
- A Customer who has access to SaaS RECRU in the extent of a Package Pro is entitled to ask the Provider to make adjustments/modifications to SaaS RECRU. Modifications of SaaS RECRU consist mainly in adapting SaaS RECRU to the individual requirements and needs of the Customer (hereinafter referred to as the “Customization“).
- Before starting the work on a Customization, the Provider will perform an analysis with the Customer in order to determine their current needs and requirements. The analysis is the elementary basis for a Customization and consists mainly of the following activities of the Provider:
- fact-finding of „as is“, i.e. what, in what way and for what reason the Customer does, and
- mapping the needs and requirements of the Customer to existing functions SaaS RECRU,
(hereinafter referred to as the „Analysis„).
- If written outputs are the result of the Analysis, the Provider undertakes to send them to the Customer by e-mail at his request; if oral outputs are the result of the Analysis, the Provider undertakes to notify the Customer by telephone (hereinafter referred to as the „Outputs of the Analysis„). The specific form of the Outputs of the Analysis is the subject of an agreement of the Parties. The Provider grants the Customer a license to use the Outputs of the Analysis to the extent and under the conditions agreed in this Article of the GT&Cs, regardless of whether the Outputs of the Analysis have the nature of copyrighted work under the Copyright Act (hereinafter referred to as the „License to the Analysis“). In the event that the Outputs of the Analysis are copyrighted work under the Copyright Act, the purpose is to arrange a License to the Analysis to use the Outputs of the Analysis only to the extent necessary to perform the Customization, unless otherwise stated in these GT&Cs. The terms of the License to the Analysis shall be subject to the provisions of Article IV of these GT&Cs.
- The Provider is entitled to remuneration for performing the Analysis. The amount of remuneration for the Analysis is determined as the product of (i) the amount of time considered by the Parties to be sufficient for the Analysis (agreed by e-mail) and (ii) the rate of the Provider of EUR 50.00 (fifty euros) excluding VAT for each initiated hour of work spent on the Analysis (hereinafter referred to as the “Remuneration for the Analysis“). Article V point 6 of these GT&Cs shall apply to the due date or delivery of the invoice.
- The Parties have agreed that the Provider will perform, as a result of the Analysis, Customization and make its result available to the Customer within the deadline specified by the Provider. The deadline according to the previous sentence shall be notified by the Provider to the Customer by e-mail. The result of the Customization is considered to be handed over at the moment of its functional programming to SaaS RECRU which is used by the Customer. Pursuant to point 3 of this Article of these GT&Cs, both the Provider and the Customer have the right to refuse to carry out the Customization after the Analysis Results are announced to them. Such refusal of the Customization by the Provider or the Customer shall not affect the Provider’s entitlement to the Remuneration for the Analysis.
- The Provider is entitled to remuneration for Customization. The amount of remuneration for the Customization is determined as the product of (i) the amount of time considered by the Parties to be sufficient for the Customization (agreed by e-mail) and (ii) the rate of the Provider of EUR 50.00 (fifty euros) excluding VAT for each initiated hour of work spent on the Customization (hereinafter referred to as the “Remuneration for the Analysis”). Article V point 6 of these GT&Cs shall apply to the due date or delivery of the invoice. Remuneration for Customization also includes a license fee for the Customization results.
- If the Customer shall pay the Saas RECRU Price by bank transfer based on invoices issued by the Provider, the Parties agree that the Customer shall pay the Remuneration for the Analysis and/or the Remuneration for the Customization to the Provider in the next invoice issued by the Provider to the account specified in the invoice. If the Customer shall pay the SaaS RECRU Price by payment card and the Parties have not agreed otherwise, the Provider shall invoice the Customer for the Remuneration for the Analysis and/or the Remuneration for the Customization after the end of the month in which the Analysis and/or the Customization was carried out. The invoice of the Provider is due within the due date stated on the invoice. The Provider sends the invoice to the Customer by e-mail.
- The Parties agree that if the result of the Customization is of the nature of a copyrighted work under the Copyright Act, the Provider grants a license to the Customer under the conditions defined in Article IV of these GT&Cs.
- The Provider is liable for and guarantees to the Customer that the result of the Customization, as well as all its parts, will be complete, in the final state, functional, will have the required professional niveau and will correspond to the purpose for which it is intended. The Provider is responsible for defects that the result of Customization shows immediately after it is made accessible for the Customer.
- The Customer is obliged to test the result of the Customization immediately after it is made accessible and, if it shows defects, notify the Provider without undue delay, otherwise the claims for defects in the Customization do not apply to them. Errors and defects encountered later shall be considered to be Bugs.
- If the defects which have been properly and in due time reported are remediable, the Provider undertakes to start eliminating them immediately and to eliminate the defects within the shortest possible timescale.
- If it turns out that the defects are irreparable, the Customer has the right to:
- request a discount off the Remuneration for the Customization,
- request a replacement from the Provider in writing.
- In the event that the Customer requests a discount off the Remuneration for Customization according to these GT&Cs, the Parties have agreed that the importance of the Customization for the economic or business activity of the Customer will be taken into account when determining the amount of the discount.
Rights and Obligations of the Parties
- For the purpose of proper and timely fulfillment of obligations under the GT&Cs, the Customer shall immediately provide the Provider with all necessary cooperation requested and notified to the Customer by the Provider; otherwise, the Provider is not liable for any delay in fulfilling the subject matter of the Agreement nor for damages that may arise in connection with any delay of the Provider which was affected by the failure of the Customer to provide cooperation in a timely fashion.
- The Provider undertakes to make available SaaS RECRU to the Customer in accordance with valid and effective generally binding legal regulations and before the entry into force of a change to relevant generally binding legal regulations to perform all actions necessary to ensure compliance of SaaS RECRU with the new generally binding legislation, in particular to introduce the necessary updates and upgrades.
- If the Provider finds out that for any reason, they are unable to comply with the set deadline for performing the actions necessary to ensure the compliance of SaaS RECRU with the new generally binding legal regulations, they are obliged to inform the Customer in writing without undue delay, by e-mail in which they duly and clearly inform the Customer about the procedure necessary for compliance with the new generally binding legal regulations. At the same time, the Provider informs the Customer about the specific date of performing the necessary actions to ensure the compliance of SaaS RECRU with the new generally binding legal regulations. If the Provider complies with this procedure, regardless of whether the Customer follows the instructions sent by the Provider, the delay in alignment of the SaaS RECRU and the current legal regulations shall not be considered a defect of the SaaS RECRU. A change of legal regulations shall be considered force majeure for the purposes of these GT&Cs.
- Taking into account the latest state of the art, the Provider is obliged to ensure that all Information stored via SaaS RECRU on the Server is sufficiently protected from loss, destruction, disruption or possible misuse, unauthorized access, provision, disclosure or other unauthorized or illegal operation.
- The Provider is obliged to provide the Customer with archival copies of the Information upon their written request for a remuneration of 1,000 € for each such provision which the Customer is obliged to pay to the Provider prior to the delivery of the archival copy of the Information. Article V point 6 of these GT&Cs shall apply to the due date or delivery of the invoice.
- On the basis of a written request from the Customer (it is sufficient by e-mail), the Provider is entitled to perform such logged interventions into the Information the result of which is intended to bring about the elimination of problematic conditions. For this purpose, the Provider is entitled to inspect this Information so that an effective consultation can be provided to the Customer. When intervening and accessing the Information, the Provider is obliged to maintain confidentiality.
- The Customer is not entitled to provide access to SaaS RECRU which they use on the basis of these GT&Cs to third parties, unless the Parties agree otherwise in writing. The Customer may use access to the SaaS RECRU only through Users who are properly familiar with the use of the SaaS RECRU and use it only for the purpose for which it is intended and in a manner consistent with its proper use.
- The Provider may establish an e-mail address for the Customer in the domain of the Provider on the basis of their written request for the purpose of using SaaS RECRU (hereinafter referred to as the „RECRU E-mail„). The Customer undertakes to use RECRU E-mail only for the purpose for which it was created. The Customer is forbidden to send messages from RECRU E-mail that:
- use vulgarities, phrases or other verbal or sign expressions the direct or indirect meaning of which is contrary to generally accepted social morals and ethics,
- use threats and personal attacks against the Provider or any other persons,
- provide false, unverified, misleading, offensive or misleading information about themselves or another person,
- promote violence and to incite, openly or covertly, hatred based on sex, race, color, language, creed and religion, political or other opinion, national or social origin, nationality or ethnic group,
- promote war or describe cruel or otherwise inhumane conduct in a manner that is inappropriate to justify, excuse or approve it,
- endanger the physical, mental or moral development of minors or impair their mental health and emotional state,
- promote pornographic material, in particular child pornography,
- distribute obscene, vulgar and offensive materials and illegal materials.
If the Provider suspects that the Customer uses the RECRU E-mail to send prohibited messsages, the Provider is entitled to cancel the RECRU E-mail at any time, even without notice to the Customer.
Availability of SaaS RECRU
- The Provider guarantees Availability of SaaS RECRU 24 (twenty-four) hours a day and 7 (seven) days a week, with the exception of pre-announced outages required in particular for the implementation of regular updates, upgrades, or improving SaaS RECRU functionalities and such like or except for other random events that occurred without fault and/or will of the Provider. The Customer acknowledges that Availability of SaaS RECRU may be limited and/or excluded, for example, due to the need for regular updates, upgrades, or improving the functionality of SaaS RECRU or due to other random events that occurred without fault and/or will of the Provider.
- The Provider continuously ensures the functionality of SaaS RECRU within the Premium and Pro Packages through the Helpdesk service which is available free of charge to the Customer (including Users) every weekday from 08:00am to 5:00pm; outside working days, the Helpdesk service is always available individually, after contacting the Provider by email within the available resources of the Provider. Contact details for the Helpdesk service are: +421 2 222 00 353, e-mail: email@example.com. The Helpdesk is not intended to provide training in the use of SaaS RECRU. Training in the use of SaaS RECRU can be ordered from the Provider. The price of the training is in the amount of 50.00 EUR (fifty euros) without VAT / each started hour.
- The Provider undertakes to perform servicing consisting in solving unexpected and urgent problems and error states of SaaS RECRU (hereinafter referred to as the “Incident“) according to the needs and requirements of the Customer through service interventions based on the Customer’s notification (hereinafter referred to as the „Service Calls„) during times stated in subsection 2 of this Article of the GT&Cs. The response time of the Provider within which the Provider confirms the notification of the Incident to the Customer is usually within 2 (two) hours from the moment of receiving the notification of the Incident. The time for resolving the Incident is determined by the Provider and notified to the Customer via e-mail.
- The Customers using lower Packages than the Premium and Pro Packages shall report the occurrence of the Incident or unpredictable outage through the Provider’s contact details. The Provider shall eliminate the Incident or restore access to the SaaS RECRU within a reasonable period of time.
- An Incident is considered resolved:
- by complete elimination of the Incident, or
- by enabling the use of SaaS RECRU functionalities to the original extent.
- Remuneration for Service Calls is part of the SaaS RECRU Price if the cause of the Incident or outage is an error in the SaaS RECRU itself or its settings and these errors are not caused by the Customer, the User or an external factor.
- If the Incident or outage of SaaS RECRU reported by the Customer did not occur due to the reasons on the Provider’s side, the Provider shall notify the Customer of this fact and the Provider shall be Remunerated for Additional Service for the time spent on the diagnosis of the Incident or its elimination.
- The provision of SaaS RECRU by the Provider means making the RECRU software available via remote access to the Server which contains all the software resources for the use of SaaS RECRU, via an Internet connection. Access to SaaS RECRU via the Internet is provided by the Customer. The Provider is not responsible for the decisions and actions of the Customer related to providing access via the Internet to SaaS RECRU, nor for the overall security of the device through which the Customer accesses their Account.
- The Customer acknowledges that every Saturday from 8:00pm, the Availability of SaaS RECRU is limited and/or excluded for a period of max. 30 (thirty) minutes. In addition to the restrictions and/or exclusions of Availability of SaaS RECRU according to the first sentence, the Provider is obliged to notify the Customer in writing, generally at least 3 (three) working days in advance, of the specific time of the planned restriction and/or exclusion of the Availability of SaaS RECRU. The obligation under the preceding sentence shall apply only in cases of restriction and/or exclusion of the Availability of SaaS RECRU which are controllable and foreseeable by the Provider.
- At the time when the Customer is past due in their payment of the SaaS RECRU Price, Additional Service Price, Remuneration of the Analysis, Remuneration of the Customization or any other payment claim to the Provider, the Customer shall be entitled to the SaaS RECRU only in reduced quality (slowing down the service) and such occurrence shall not be considered a defect of the SaaS RECRU and the Customer shall be obligated to tolerate it until the amount due, together with interest on late payment, is paid to the Provider.
Responsibility of the Provider
- The Provider shall not be liable for any damages caused to the Customer by unauthorized or incorrect use of SaaS RECRU by the Users or by any third parties.
- The Provider is in no way responsible for the content, accuracy or completeness of the Information stored, collected or generated by the Customer and/or Users via SaaS RECRU; in particular, the Provider is not responsible for the compliance of the Information with the relevant legal regulations, nor for the use of the Information by the Customer and/or Users.
Term and Termination of the Agreement
- An Agreement concluded in accordance with these GT&Cs is closed for an indefinite period.
- The Agreement expires:
- by written notice of the Parties without giving any reason under subsection 3 of this Article of the GT&Cs,
- by written withdrawal of the Provider from the Agreement in the event that the Customer does not pay the Price of the selected Package or Additional Service Price or Remuneration of the Analysis or Customization within 10 (ten) days after the due date of the invoice. The delay in the performance of the Customer’s monetary obligation to the Provider for more than 10 (ten) days after the due date shall be considered a serious breach of Agreement following these GT&Cs;
- by written withdrawal of the Customer from the Agreement if the duration of recurring outage of SaaS RECRU services exceeds 10 hours per month in a calendar year, provided that the Customer has notified the Provider of the outage at the time of its duration and the Provider has confirmed that the outage is caused by the reasons on the Provider’s side and has not eliminated it within a reasonable period of time.
- by written agreement of the Parties on the date specified in such Agreement;
- The notice must be in writing and delivered to the other Party. The Parties agree to a notice period of 3 (three) months which shall begin on the 1st(first) day of the month following the delivery of the notice to the other Party.
- Notice of withdrawal must be in writing and is effective on the day of its delivery to the other Party. In the event of withdrawal, the Parties agree to exclude the application of the provision of s. 351 subs. 2 of the Commercial Code.
- After the termination of these GT&Cs (termination of the Agreement), the Provider is obliged to make a backup copy of the Information upon written request of the Customer not later than 30 days after termination of the Agreement. The Provider shall make a backup copy of the Information generally within 10 days after receiving a written request of the Customer and shall inform the Customer thereof. The Customer is obliged to pay the Provider a remuneration of 1,000 € for making a backup copy of the Information on the basis of an invoice issued by the Provider. Article V point 6 of these GT&Cs shall apply to the due date or delivery of the invoice. The Provider shall make a backup copy of the Information available to the Customer on a special website designated by the Provider after the payment of the remuneration for its preparation is made. After making a backup copy of the Information, the Provider will send the Customer via e-mail the address of the website from which the Customer has the opportunity to download backup copies of the Information. The Customer has the option to download backup copies of the Information within 5 (five) working days from the date of delivery of the e-mail of the Provider according to the previous sentence, unless the Parties agree otherwise. The Customer acknowledges that after the expiry of the period under the previous sentence, the website on which the backup copies of the Information are stored will be automatically deactivated and these will be destroyed without the possibility of any additional renewal. The Provider shall not be liable for any damage incurred by the Customer by the permanent disposal of backup copies of the Information. Failing to download a backup copy of the Information by the Customer shall not affect the Provider’s entitlement to remuneration for its preparation. If the Customer does not request to make a backup copy of the Information to the Provider within the period pursuant to the first sentence of this point or if the Customer does not pay the Provider the remuneration for making the backup copy of the Information by the due date, the Provider shall delete all data as well as copies of the data available to them, unless otherwise specified by legal regulations.
Service of Documents
The Parties expressly agree to the right to deliver documents pursuant to these GT&Cs by electronic means – by e-mail – without the need for simultaneous sending of documents by post. The Party that is the sender is obliged to send the document electronically together with the request for notification of delivery to the addressee, while from the point of view of delivery, the decisive date is the date stated in the notification. For the avoidance of doubt, the obligation to enter a request for notification does not apply to the delivery of invoices by the Provider to the Customer and in this case, Article V point 6 of these GT&Cs applies to the presumption of delivery.
Without the prior written consent of the Provider, the Customer is not entitled contractually, unilaterally or otherwise to assign or transfer any or all of the advantages, benefits, claims or obligations arising from these GT&Cs nor their rights or obligations under these GT&Cs.
- These GT&Cs become valid and enter into force on January 1, 2022 and are published on the Website.
- To each Customer, the GT&Cs are effective on the date of conclusion of the Agreement and by giving consent to these GT&Cs, and to each Customer with whom the Agreement is already concluded, the GT&Cs are effective on the date of the notification by the Provider of a change of the GT&Cs.
- Legal relations not regulated by these GT&Cs which arose from an Agreement are governed in particular by the Commercial Code and other related legislation of the Slovak Republic. All disputes arising from these GT&Cs and in connection with them will be decided by the general courts of the Slovak Republic.
- These GT&Cs may be deviated from only by written agreement of the Parties.
- The Provider reserves the right to unilaterally amend these GT&Cs, including the Price List, or replace them with new GT&Cs at any time during their validity, and is obliged to always inform the Customer of the change of the GT&Cs and allow the Customer to get acquainted with them by publishing them on the Website. Any change shall be effective on the date specified in the GT&Cs or by publishing the GT&Cs on the Website and informing the Customer that the GT&Cs has been changed. By the entry into force and effectiveness of the new GT&Cs, the original GT&Cs shall cease to be valid and effective. If the change of the GT&Cs or the change of the Price List is made only by an addendum, only those provisions of the original GT&Cs that the addendum rescinds or replaces shall cease to be valid and effective.
- The Customer is aware of all their obligations regarding the personal data of data subject that they save in the SaaS RECRU and undertakes to comply with all the related obligations defined by law, in particular with 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 and Act No 18/2018 Coll., on the protection of personal data and on amendments to certain acts and shall strictly comply with these regulations.
- These GT&Cs are prepared in the Slovak language. In the case of a GT&Cs version also in a language other than Slovak, the wording hereof in the Slovak language shall be used as the decisive language version and only such a wording shall be legally binding for the Parties. The text in any other language is not legally binding for the Parties and is only made for the purpose of informative translation of the contents of the GT&Cs in Slovak.