Terms and Conditions of CLOUD-IT s.r.o.
Cloud-IT s. r. o., with its registered office at Jozefská 7, 811 06 Bratislava, Slovak Republic, ID No. 46 731 610, registered in the Commercial Register of the District Court Bratislava I, Section Sro, File No. 82629/B (hereinafter referred to as the “Provider”), issues the following terms and conditions for the provision of SaaS RECRU (hereinafter referred to as the “T&Cs”):
Article I
Definition of basic terms
In addition to the terms used in the introduction to these T&Cs and in other provisions of these T&Cs, the following terms (so-called legislative abbreviations) shall have the meanings set out below:
- “Copyright Act“: Act No. 185/2015 Coll. Copyright Act, as amended.
- “Bugs“: any errors and deficiencies that occur in SaaS RECRU during its use. Bugs are not considered defects that SaaS RECRU had at the time of its release.
- “Package“: The range of SaaS RECRU functions defined by the Provider. Individual Packages are subject to a fee and differ in the number of functions included and price; Packages are compiled from the lowest Package (with the fewest functions) to the highest Package (with the most functions).
- “SaaS RECRU Price“: the remuneration due to the Provider for making SaaS RECRU available to the Customer, in accordance with Article V of these T&Cs.
- “Special Services Price“: remuneration expressed as an hourly rate payable to the Provider for the performance of Special Services.
- “Price List“: a document containing the currently valid prices of SaaS RECRU Packages. The current price list is attached to these T&Cs and is also published separately on the Website.
- “Documentation“: configuration or user manual for SaaS RECRU, or other documentation for SaaS RECRU designated by the Provider.
- “Availability“: the state in which the functions of SaaS RECRU are available to the Customer in accordance with the parameters and conditions defined in Article VIII of these T&Cs.
- “Helpdesk“: an operational maintenance and support service provided by the Provider to the Customer for the use of SaaS RECRU.
- “HR process“: the process of human resource management.
- “Information“: all information, documents and data that the Customer has electronically stored via SaaS RECRU on the Server through the user interface of this service via the Customer’s Account for the purpose of digital collection, processing, archiving, creating statistics, exporting and other use of SaaS RECRU.
- “Account“: represents the virtual space of each Customer on the Server for the purpose of using the SaaS RECRU Package ordered by them, to which the Customer has exclusive access and, to a specified extent, also Users designated by them.
- “SaaS RECRU Licence“: the Provider’s consent granted to the Customer to use SaaS RECRU to the extent of the selected Package in the manner specified in Article IV of these T&Cs.
- “Commercial Code“: Act No. 513/1991 Coll. Commercial Code, as amended.
- “Customer“: a person who has bindingly ordered the selected SaaS RECRU Package from the Provider in accordance with the procedure specified in these T&Cs.
- “Special service“: A service specifically requested by the Customer and provided by the Provider in connection with SaaS RECRU, in particular consultations, training and changes in settings, as well as diagnostics and troubleshooting, which become necessary or essential for the Customer during the use of the service and are not included in the SaaS RECRU Price.
- “Users“: persons entitled to access the Customer’s account who have been authorised by the Customer or another person authorised by the Customer to add Users to the Customer’s account for the purpose of using certain functions of the Package.
- “Registration Form“: a form available on the Website, which constitutes a binding order from the Customer to the Provider in relation to a specific SaaS RECRU Package.
- “Relevant Period“: a time-limited period of the Customer’s access to the RECRU SaaS Package. The relevant period lasts from the date of launch of a specific RECRU SaaS Package until the time of termination of access to that specific RECRU SaaS Package.
- “SaaS“: abbreviation for “Software as a Service”, i.e. software provided as a service.
- “SaaS RECRU“: 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 and updated by the Provider and is stored on a Server secured by the Provider for the purpose of making the software available and enabling its use by the end customer (i.e. the Customer and/or User). The software is used for comprehensive management of the HR selection process and personnel records.
- “Server“: one or more cloud servers secured by the Provider through third parties, on which the software tools for using SaaS RECRU are located.
- “User“: access to the Customer’s account via a single access password – one administrator.
- “Website“: the Provider’s website www.recruhr.com.
- “Contracting Parties“: the Provider and the Customer jointly.
Article II
Introductory provisions – subject matter of the Agreement
- These T&Cs govern all contractual relationships and all mutual rights and obligations of the Contracting Parties that have arisen or are related to the conclusion of the agreement for the provision of SaaS RECRU (hereinafter referred to as the “Agreement”).
- Through SaaS RECRU, the Provider provides the Customer with a service for the collection, processing, storing and archiving Information and data for the purpose of managing and ensuring comprehensive management of the HR selection process and personnel records , including automated filtering based on possible criteria, within the scope of various SaaS RECRU Packages. Within the scope of various SaaS RECRU Packages, the Provider may provide the Customer with access to other integrated SaaS RECRU functions, including AI tools that enable the management of Information, searching the Customer’s Account database, managing the HR process, etc. at a higher level, or enabling the connection of SaaS RECRU with other products and services of the Provider or third parties. The Provider may set special terms and conditions for the use of these features and products, which the Customer is obliged to agree to and comply with. The fee for using these special features may be included in one of the SaaS RECRU Packages, if this is expressly stated in the Price List, or the price and payment terms may be part of the special terms and conditions, which the Customer has the opportunity to review and approve before using each specific tool or integrated service.
- By concluding the Agreement:
a) the Provider undertakes to:
i. make SaaS RECRU available to the Customer on its Servers and enable the Customer to use SaaS RECRU in accordance with Article IV of these T&Cs and grant the Customer a Licence to SaaS RECRU for the duration of the Agreement,
ii. ensure the maintenance, functionality and availability of SaaS RECRU for the Customer,
b) The Customer undertakes to:
i. use SaaS RECRU exclusively within the scope of the Licence to SaaS RECRU;
ii. pay the Provider the SaaS RECRU Price in the amount depending on the Package selected by the Customer. - Based on a special request from the Customer, the Provider shall provide the Customer with Special Services within the agreed period and the Customer shall pay the Provider the Price for Special Services for these services.
Article III
Conclusion and amendment of the Agreement
- The Contracting Parties shall conclude the Agreement for the SaaS RECRU service in electronic form in the manner and under the conditions set out in these T&Cs by selecting the chosen SaaS RECRU Package in the “Buy” field and by the Customer completing the Registration Form in the already created Customer Account (version “Try for free”). The Registration Form sent in accordance with the previous sentence of this point constitutes a binding order by the Customer to the Provider in relation to a specific SaaS RECRU Package, and the moment of successful submission of the Registration Form is considered to be the moment of conclusion of the Agreement without the need for further special confirmation of the order by the Provider; A more detailed description of the Packages and their functions is available on the Website. The Agreement is concluded on behalf of the Customer by an authorised person, and the Customer is always entitled to presume that the person concluding the Agreement is authorised to do so. If the contrary is proven, the person concluding the Agreement is directly bound by these T&Cs to the Provider.
- The Customer is obliged to fill in all the mandatory information specified in the Registration Form and, by sending the form in accordance with point 1 of this article of the T&Cs, confirms and guarantees that this information is correct, complete, true and up-to-date; otherwise, the Provider cannot guarantee the proper and timely provision of SaaS RECRU.
- The Registration Form includes the wording of these T&Cs, with which the Customer is obliged to familiarise themselves thoroughly and at the same time is entitled to download the T&Cs by clicking on the link to the “Terms and Conditions” at the end of the Registration Form; the currently effective wording of the T&Cs is always published on the Website.
- The Customer confirms their agreement with these T&Cs by ticking the designated box in the Registration Form on the Website, thereby confirming that they agree with the wording of the T&Cs. By doing so, the Customer also confirms that they have read, understand and fully agree with the wording of the Terms and Conditions, the rights and obligations of the Contracting Parties and the terms and conditions of use of SaaS RECRU. Without confirming their agreement with these Terms and Conditions in accordance with the first sentence of this point, it is not possible to submit the Registration Form.
- After submitting the Registration Form, the selected SaaS RECRU Package is made available to the Customer within their Account. The Customer and Users continue to use the login names and passwords that were registered as part of the “Try for Free” service. The Customer may create multiple separate Users at different levels in SaaS RECRU, who will log into the Customer’s Account using different access passwords. Access to Account management may differ from the specified level of the added User. Before filling in the details of each User, the Customer is obliged to familiarise the Users with the information on the processing of personal data by the Provider, which is published on the Website in the “Personal Data Processing” section.
- After making the SaaS RECRU Package available, the Provider shall also make the Documentation available to the Customer and, in cooperation with the Customer, perform the initial setup of SaaS RECRU, if necessary.
- The place of performance of this Agreement is the Server secured by the Provider through third parties, on which all software tools for using the SaaS RECRU functions and Information are located.
- The Customer may at any time request the Provider (by special request or through the Account) to change the Package, and the Provider shall make such a change within a reasonable time. From the date of making the changed Package available in the Customer’s Account, the Customer is obliged to pay the Provider the Price of the relevant changed Package requested by the Customer according to the current Price List.
- If the Customer is interested in Special Services, they shall send the Provider an order specifying the requirements for the Special Services. In this case, the Agreement for Special Services shall be deemed concluded upon confirmation of the order by the Provider.
Article IV
Licence Terms
- The Contracting Parties have agreed on the following terms and conditions for the provision of the SaaS RECRU Licence:
- 1.1.Method of use of SaaS RECRU: exclusively for the Customer’s own internal use for the purpose specified in Article II, point 2 of these T&Cs. The Customer is not entitled to modify, edit, process, combine with another work (unless agreed with the Provider), make copies of SaaS RECRU, distribute or link SaaS RECRU to multiple devices or other services, or make SaaS RECRU available over a network, publicly distribute the original SaaS RECRU or its copies by transferring ownership rights, lending or renting, present SaaS RECRU in public by publicly displaying the original SaaS RECRU or its copies, remove, change, hide or obscure information about the property rights (including copyright and trademark notices) of the Provider or its affiliates, partners, suppliers or licensors for SaaS RECRU, or use SaaS RECRU in any other way that is contrary to the terms of use of SaaS RECRU set out in these T&Cs.
- 1.2. Scope of the SaaS RECRU Licence: territorially unlimited and materially limited, to the extent corresponding to the ordered SaaS RECRU Package.
- 1.3. Non-exclusivity of the SaaS RECRU Licence: non-exclusive pursuant to Section 70(3) of the Copyright Act.
- 1.4. Duration of the SaaS RECRU Licence: limited to the term of the Relevant Period.
- 1.5. Transfer and termination of the SaaS RECRU Licence: upon termination, the rights and obligations arising from these T&Cs shall pass to the Customer’s legal successor.
- 1.6. Remuneration for the SaaS RECRU Licence: The Provider is entitled to the SaaS RECRU Price.
- 1.7. Assignment of the SaaS RECRU Licence: The Customer is not entitled to grant a third party consent to use SaaS RECRU within the scope of the granted SaaS RECRU Licence (sublicence) or to transfer the rights under the SaaS RECRU Licence to an assignee without the prior written consent of the Provider. The restriction under the first sentence of this point of the T&Cs does not limit the Customer’s right to allow Users to use SaaS RECRU. If the Customer requests the Provider’s consent, the Provider’s failure to grant consent/failure to respond to the Customer’s request does not constitute a presumption of consent. The Provider’s consent is revocable at any time and for any reason.
- The granting of a Licence to SaaS RECRU under this article of the T&Cs does not establish any ownership rights, intellectual property rights or industrial property rights to SaaS RECRU for the Customer, with the exception of the rights and claims expressly granted by these T&Cs.
- The Contracting Parties have agreed on the following terms and conditions for the provision of the SaaS RECRU Licence:
Article V
Price and payment terms
- The current Price List of Packages is attached to these T&Cs and is published on the Website. By agreeing to these T&Cs, the Customer declares that they have duly familiarised themselves with the Price List and accept it without reservation.
- The price of the SaaS RECRU Package is set for a period of 1 (one) calendar month per User + additional items also set on a monthly basis (number of CVs stored calculated on a daily basis within one month, i.e. the monthly rate divided by the number of days in the month and then multiplied each day by the current number of CVs stored) in accordance with the Price List. The Provider is entitled to the Package Price at the end of each calendar month. The content of the Package for the relevant SaaS RECRU Package Price is also described in detail on the Website. The Package Price may also include integrated tools and services, if expressly stated in the Price List; otherwise, such functionalities are charged separately according to separately communicated price and payment terms. If the Agreement lasted only part of a calendar month, the Provider is entitled to a pro-rata portion of the Package Price.
- The price of SaaS RECRU is usually paid by payment card, whereby the Customer enters their payment card details in the “Settings/Payment Cards” section of their Account, and the Customer expressly agrees that until other payment card details are provided or until the Contracting Parties conclude an agreement on a change in the method of payment for SaaS RECRU, the Provider is entitled to use this payment card to pay the SaaS RECRU Price. The SaaS RECRU Price paid by payment card is due on the first day of the calendar month following the month for which the SaaS RECRU Price is due to the Provider. The Customer is not entitled to provide details of a one-time payment card generated by banking applications.
- By concluding the Agreement and providing payment card details, the Customer agrees to regular recurring payments of the Price for the relevant SaaS RECRU Package, that the Provider is entitled to automatically charge the SaaS RECRU Price for the previous calendar month from the card at the beginning of each calendar month without the need for any further approval of the payment by the Customer. If the payment card is cancelled or if it is not possible to make a payment to the Provider due to a lack of funds or for any other reason, this fact shall be interpreted to the detriment of the Customer, who shall be in default with the payment of the SaaS RECRU Price on the day on which the payment from the card to the Provider failed.
- If the Customer does not have a payment card entered in their Account, the Price shall be paid by bank transfer on the basis of invoices issued by the Provider.
- The Provider always issues an electronic invoice in arrears for the previous calendar month. The invoice is due 15 (fifteen) calendar days from the date of delivery of the invoice to the Customer’s email address; the Price List available on the Website as of the first day of the calendar month for which the SaaS RECRU Price is paid shall be decisive for determining the monthly price of the relevant Package for the Customer. The date of delivery of the invoice to the Customer’s email address shall be deemed to be the date on which the email containing the invoice is sent by the Provider.
- If the invoice issued by the Provider does not contain the requisites according to the applicable legal regulations and/or is incorrect in terms of content, the Customer is entitled to return the invoice to the Provider within the due date, in which case the Price is payable only within the due date of the issued and delivered corrected (new) invoice, which will contain the required details in accordance with applicable legal regulations and/or will be correct in terms of content.
- In the event of a change in the Customer’s details required for invoicing, as compared to the details originally provided in the Registration Form, the Customer is obliged to notify the Provider of these changes in writing without undue delay by email sent to: support@recruhr.com. Failure to comply with this obligation does not entitle the Customer to postpone the due date of the invoice in accordance with the previous point of this article.
- The price of Special Services is usually determined as an hourly fee (person-hour) for each commenced hour of performing Special Services. The price of Special Services is usually paid in the same form as the basic SaaS RECRU Price. The Provider may issue an invoice to the Customer for the payment of the price of Special Services even if the basic SaaS RECRU Price is paid by payment card. Point 6 of this article of the T&Cs applies mutatis mutandis to the issuance and delivery of invoices for the Price of Special Services. The Provider is also entitled to charge the Price of Special Services in advance and is not obliged to perform Special Services without payment of the advance invoice.
- The Price of Special Services may be specified in the Price List available on the Website or may be communicated to the Customer by the Provider based on their enquiry or order for Special Services.
- The price shall be considered duly and timely paid by the Customer only on the day the entire invoiced amount is credited to the Provider’s account specified in the relevant invoice.
- In the event of a delay by the Customer in fulfilling their financial obligations, the Provider shall be entitled to interest on late payment at a rate of 0.05% of the amount in arrears, for each day of delay in fulfilling the financial obligation, including any day that has already begun, until full payment is made.
Article VI
Special provisions on the analysis and modification of SaaS RECRU upon request
- The Customer who has access to SaaS RECRU is entitled to request the Provider to make modifications to SaaS RECRU. Modifications to SaaS RECRU consist mainly in adapting SaaS RECRU to the individual requirements and needs of the Customer (hereinafter referred to as “Customisation”).
- Before commencing Customisation work, the Provider shall perform an analysis at the Customer’s premises in order to determine its current needs and requirements. The analysis is a fundamental basis for Customisation and consists mainly of the following activities by the Provider:
- a. ascertaining the facts “as is”, i.e. what, how and why the Customer does, and
- b. mapping the Customer’s needs and requirements to the existing functions of SaaS RECRU,
(hereinafter referred to as “Analysis”).
- If the Analysis results in written outputs, the Provider undertakes to send them to the Customer by email at the Customer’s request; if the Analysis results in verbal outputs, the Provider undertakes to communicate them to the Customer by telephone (hereinafter referred to as the “Analysis Results”). The specific form of the Analysis outputs is subject to agreement between the Contracting Parties. The Provider grants the Customer a licence to use the Analysis Results to the extent and under the conditions agreed in this article of the T&Cs, regardless of whether the Analysis Results are of a copyrighted nature under the Copyright Act (hereinafter referred to as the “Analysis Licence”). If the Analysis Results are copyrighted works under the Copyright Act, the purpose is to negotiate the Analysis Licence for the use of the Analysis Results only to the extent necessary for the purposes of Customisation, unless otherwise specified in these T&Cs. The provisions of Article IV of these T&Cs apply mutatis mutandis to the terms and conditions of the Licence to the Analysis.
- 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 Contracting Parties to be sufficient for the Analysis (agreed by email) and (ii) the Provider’s rate in the amount determined by the Provider and notified to the Customer for each hour of work commenced on the Analysis or the rate specified in the Price List (hereinafter referred to as the “Remuneration for the Analysis”). The provisions of Article V, point 6 of these T&Cs shall apply mutatis mutandis to the due date and delivery of the invoice.
- The Contracting Parties have agreed that the Provider shall perform the Customisation based on the results of the Analysis and make the results available to the Customer within the period specified by the Provider. The Provider shall notify the Customer of the period referred to in the previous sentence by email. The result of the Customisation shall be deemed delivered upon its functional programming into the SaaS RECRU used by the Customer. Both the Provider and the Customer have the right to refuse to perform the Customisation after notification of the Analysis Results in accordance with point 3 of this article of the T&Cs. Such refusal of Customisation by the Provider or the Customer shall not affect the Provider’s claim to Remuneration for the Analysis.
- The Provider is entitled to remuneration for Customisation. The amount of remuneration for Customisation is determined as the product of (i) nd the amount of time considered by the Contracting Parties to be sufficient for Customisation (agreed by email) and (ii) the Provider’s rate, which shall be determined by the Provider and communicated to the Customer for each hour of work commenced on the Customisation or the rate specified in the Price List (hereinafter referred to as the “Remuneration for Customisation”). The due date and delivery of the invoice shall be governed mutatis mutandis by Article V, point 6 of these T&Cs. The Remuneration for Customisation also includes remuneration for the licence to the results of Customisation.
- If the Customer pays the SaaS RECRU Price by bank transfer based on invoices issued by the Provider, the Contracting Parties agree that the Customer shall pay the Provider the Remuneration for Analysis and/or Remuneration for Customisation in the next invoice issued by the Provider to the account specified in the invoice. If the Customer pays the SaaS RECRU Price by payment card and the Contracting Parties have not agreed otherwise, the Provider shall issue an invoice for the Remuneration for Analysis and/or Remuneration for Customisation after the end of the month in which the Analysis and/or Customisation was performed. The Provider’s invoice is payable within the period specified on the invoice. The Provider shall send the completed invoice to the Customer by email. The Provider is also entitled to charge the Price for Analysis/Customisation in advance and is not obliged to perform the Analysis/Customisation without payment of the advance invoice.
- The Contracting Parties agree that if the result of the Customisation is considered a work of authorship under the Copyright Act, the Provider shall grant a licence to the Customer under the conditions specified in Article IV of these T&Cs.
- The Provider is responsible and guarantees to the Customer that the result of the Customisation, as well as all its parts, will be complete, in its final form, functional, of the required professional standard and fit for purpose on the date of its release. The Provider is responsible for any defects in the result of the Customisation at the time of its release to the Customer.
- The Customer is obliged to test the result of the Customisation immediately after it is made available and, if it shows defects, to notify the Provider without undue delay, otherwise claims arising from defects in the Customisation shall not be valid. Errors and deficiencies that occur later are considered Bugs.
- If the defects that have been duly and timely reported are removable, the Provider undertakes to begin removing them without delay and to remove the defects in the shortest possible time.
- If the defects prove to be irreparable, the Customer has the right to:
a) request a discount on the Customisation Fee,
b) request substitute performance from the Provider in writing. - If, in accordance with these T&Cs, the Customer requests a discount on the Customisation Fee, the Contracting Parties agree that the significance of the Customisation for the economic or business activities of the Customer shall also be taken into account when determining the amount of the discount.
Article VII
Rights and obligations of the Contracting Parties
- For the purpose of proper and timely fulfilment of obligations under the T&Cs, the Customer is obliged to provide the Provider with all necessary cooperation requested and notified to the Customer by the Provider without delay; otherwise, the Provider shall not be liable for any delay in the performance of the subject matter of the Agreement, nor for any damage that may arise in connection with any delay on the part of the Provider that was influenced by the Customer’s failure to provide cooperation in a timely manner.
- The Provider undertakes to make SaaS RECRU available to the Customer in accordance with the applicable and effective generally binding legal regulations and, prior to the entry into force of changes to the relevant generally binding legal regulations, to perform all acts necessary to ensure the compliance of SaaS RECRU with new generally binding legal regulations, in particular to perform the necessary updates and upgrades.
- If the Provider finds that it is unable to meet the deadline for performing the actions necessary to ensure the compliance of SaaS RECRU with the new generally binding legal regulations for any reason, it is obliged to inform the Customer in writing without undue delay, by email, duly and clearly informing the Customer of the procedure necessary to comply with the new generally binding legal regulations. The Provider shall also inform the Customer of the specific date for performing the necessary actions to ensure the compliance of SaaS RECRU with the new generally binding legal regulations. If the Provider follows this procedure, regardless of whether the Customer carries out the instructions sent by the Provider, the delay in bringing SaaS RECRU into compliance with the current legal regulations shall not be considered a defect of SaaS RECRU. For the purposes of these T&Cs, a change in legal regulations shall be considered force majeure.
- The Provider is obliged, taking into account the latest knowledge, to ensure that all Information stored via SaaS RECRU on the Server is sufficiently protected against loss, destruction, disruption or possible misuse, unauthorised access, provision, disclosure or other unauthorised or illegal operation.
- The Provider may, upon written request, provide the Customer with archive copies of the Information for a fee determined and notified to the Customer by the Provider, which the Customer is obliged to pay to the Provider before the archive copy of the Information is handed over. The due date and delivery of the invoice for the fee under this point shall be governed mutatis mutandis by Article V, point 6 of these T&Cs.
- The Provider is entitled, upon written request from the Customer (an email is sufficient), to make such logged interventions in the Information as result in the removal of problematic conditions. For this purpose, the Provider is entitled to inspect this Information so that it can provide the Customer with effective consultation. When intervening in and inspecting the Information, the Provider is obliged to maintain its confidentiality.
- The Customer is not entitled to provide access to SaaS RECRU, which it uses on the basis of these T&Cs, to third parties, unless the Contracting Parties agree otherwise in writing. The Customer may only use access to SaaS RECRU through Users who are properly familiar with the use of SaaS RECRU and may only use it for the purpose for which it is intended and in a manner consistent with its proper use.
- The Provider may, upon the Customer’s written request, set up an email address on the Provider’s domain for the purpose of using SaaS RECRU (hereinafter referred to as “RECRU Email”). The Customer undertakes to use RECRU Email only for the purpose for which it was created. The Customer is prohibited from using messages sent from RECRU Email to:
- a) use vulgarisms, phrases or other verbal or symbolic expressions whose direct or indirect meaning is contrary to generally accepted social morals and ethics,
- b) use threats and personal attacks against the Provider or any other persons,
- c) provide false, unverified, misleading, offensive or deceptive information about yourself or another person,
- d) promote violence and openly or covertly incite hatred based on gender, race, skin colour, language, faith and religion, political or other beliefs, national or social origin, nationality or ethnicity,
- e) promote war or describe cruel or otherwise inhuman acts in a manner that trivialises, justifies or approves of them,
- f) endanger the physical, mental or moral development of minors or impair their mental health and emotional state,
- g) promote pornographic material, especially child pornography,
- h) disseminate obscene, vulgar and offensive material and illegal material.
If the Provider suspects that the Customer is using RECRU Email to send prohibited messages, the Provider is entitled to cancel the Customer’s RECRU Email at any time, even without notice.
Article VIII
Availability of SaaS RECRU
- The Provider guarantees the availability of SaaS RECRU 24 (twenty-four) hours a day, 7 (seven) days a week, with the exception of previously announced downtime necessary in particular for performing regular updates, upgrades or improvements to the functionality of SaaS RECRU, etc., or with the exception of other random events that occurred through no fault and/or will of the Provider. The Customer acknowledges that the availability of SaaS RECRU may be limited and/or excluded, for example due to the need for regular updates, upgrades or improvements to the functionality of SaaS RECRU, or due to other unforeseen events that occurred through no fault and/or will of the Provider.
- The Provider continuously ensures the functionality of SaaS RECRU through the Helpdesk service, which is available free of charge to the Customer (including Users) on working days from 8:00 a.m. to 5:00 p.m.; outside working days, the Helpdesk service is always available on an individual basis after contacting the Provider by email within the Provider’s time constraints. The contact details for the Helpdesk service are: +421 2 222 00 353, email: support@recruhr.com. The purpose of the Helpdesk service is not to provide training on the use of SaaS RECRU. Training on the use of SaaS RECRU can be ordered from the Provider as a Special Service.
- The Provider undertakes to perform maintenance services consisting of resolving unexpected and urgent problems and error states of SaaS RECRU (hereinafter referred to as “Incident”) according to the needs and requirements of the Customer through service interventions based on notifications from the Customer (hereinafter referred to as “Maintenance Services”) within the time specified in point 2 of this article of the T&Cs. The Provider’s response time, within which it confirms the Incident notification to the Customer, is usually within 2 (two) hours from the moment of receiving the Incident notification. The time for resolving the Incident is determined by the Provider and communicated to the Customer by email.
- An Incident is considered resolved:
a) the Incident has been completely resolved, or
b) by enabling the use of SaaS RECRU functionalities to their original extent. - The remuneration for the Service is included in the SaaS RECRU Price if the cause of the Incident or outage is an error in SaaS RECRU itself or its settings and these errors were not caused by the Customer, User or an external factor.
- If the Incident or outage of SaaS RECRU reported by the Customer did not occur for reasons on the part of the Provider, the Provider shall notify the Customer of this fact and shall be entitled to remuneration as for a Special Service for the time spent diagnosing the Incident or its possible removal.
- 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 tools for using 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 Customer’s decisions and actions related to ensuring access to SaaS RECRU via the internet, or the overall security of the device through which the Customer accesses their Account.
- The Customer acknowledges that every Saturday from 8:00 p.m. CET, the availability of SaaS RECRU is limited and/or excluded for a maximum period of 30 (thirty) minutes. In addition to the restrictions and/or exclusions of SaaS RECRU Availability according to the first sentence, the Provider is obliged to notify the Customer at least 3 (three) working days in advance of the specific time of the planned restriction and/or exclusion of SaaS RECRU Availability. The obligation under the previous sentence applies only to cases of restriction and/or exclusion of SaaS RECRU Availability that are influenceable and foreseeable by the Provider.
- At a time when the Customer is in default with the payment of the SaaS RECRU Price, the Price of Special Services, Remuneration for Analysis, Remuneration for Customisation or other monetary claims against the Provider, the Provider has the right to restrict the Customer’s use of SaaS RECRU by reducing its quality (slowing down the service) or by completely temporarily shutting down the Customer’s SaaS RECRU, and such a fact shall not be considered a defect of SaaS RECRU, and the Customer shall be obliged to tolerate it until it pays the amount due together with interest on late payment to the Provider.
Article IX
Provider’s Liability
- The Provider shall not be liable for any damage caused to the Customer by unauthorised or improper use of SaaS RECRU by Users or any third parties.
- The Provider shall not be liable in any way for the content, accuracy or completeness of the Information stored, collected or generated by the Customer and/or Users through SaaS RECRU; in particular, the Provider shall not be liable for the compliance of the Information with the relevant legal regulations, nor for the use of the Information by the Customer and/or Users.
Article X
Duration and Termination of the Agreement
- The Agreement concluded under these T&Cs is effective for an indefinite period.
- The Agreement shall terminate:
a) by written notice of the Contracting Parties without giving any reason pursuant to point 3 of this article of the T&Cs,
b) by written withdrawal of the Provider from the Agreement in the event that the Customer fails to pay the Price of the Package selected by them or the Price of Special Services or the Remuneration for Analysis or Customisation even within a period of more than 10 (ten) days after the due date. A delay in the payment of the Customer’s financial obligation to the Provider by more than 10 (ten) days after the due date shall be considered a material breach of the Agreement for the purposes of the Agreement under these T&Cs;
c) by the Customer’s written withdrawal from the Agreement in the event that the SaaS RECRU outage lasts repeatedly for more than 10 hours per month in a calendar year, provided that the Customer notified the Provider of this outage at the time of its occurrence and the Provider confirmed that the outage was caused by its fault and did not remedy it within a reasonable time.
d) by written agreement of the Contracting Parties on the date specified in such agreement; - The notice of termination must be in writing and delivered to the other Contracting Party. The Contracting Parties have agreed on a notice period of 1 (one) month, which shall commence on the 1st (first) day of the month following the delivery of the notice of termination to the other Contracting Party.
- The notice of termination must be in writing and shall take effect on the date of its delivery to the other Contracting Party. In the event of withdrawal, the Contracting Parties have agreed to exclude the application of the provisions of Section 351(2) of the Commercial Code.
- Before the termination of these T&Cs or without undue delay after their termination (within 7 days), the Customer is entitled to request the Provider in writing to make a backup copy of the Information, which is subject to a fee. The Provider shall notify the Customer of the amount of the fee for making a backup copy, and the Customer is obliged to pay it within 7 days of such notification on the basis of an invoice issued by the Provider. After payment of the fee for making the backup copy, the Provider shall make the backup copy of the Information available to the Customer on a separate website designated by the Provider or by other means agreed between the Contracting Parties. The Provider shall then send the Customer an email with the address of the website from which the Customer can download backup copies of the Information. The Customer may download backup copies of the Information from the website during the period notified to them by the Provider. The Customer acknowledges that after the expiry of the period referred to in the previous sentence, the website on which the backup copies of the Information are stored will be automatically deactivated and the backup copies will be destroyed without the possibility of subsequent restoration. The Provider shall not be liable for any damage incurred by the Customer as a result of the irreversible deletion of backup copies of the Information. Failure by the Customer to download a backup copy of the Information shall not affect the Provider’s entitlement to remuneration for its creation. If the Customer does not request the Provider to make a backup copy of the Information within the period specified in the first sentence of this point, or if the Customer does not pay the Provider remuneration for making the backup copy within the due date, the Provider shall delete all Information and copies of data in its possession, unless otherwise provided by law.
Article XI
Delivery
The Contracting Parties expressly agree on the right to deliver documents under these T&Cs by electronic means – by email, without the need to simultaneously send documents by post. The contracting party – sender is obliged to send the document electronically together with a request for notification of delivery to the addressee, whereby the date stated in the notification is decisive for the delivery. For the avoidance of doubt, the obligation to submit a request for notification does not apply to the delivery of invoices by the Provider to the Customer, and in this case, the presumption of delivery set out in point 6 of Article V of these T&Cs applies.
Article XII
Special provisions
The Customer is not entitled, without the prior written consent of the Provider, to assign or transfer, contractually, unilaterally or otherwise, any or all benefits, advantages, claims or obligations arising from these T&Cs, nor its rights or obligations arising from these T&Cs.
Article XIII
Final provisions
- These T&Cs shall become valid and effective on 15 January 2026 and are published on the Website.
- The T&Cs shall be effective for each Customer on the date of conclusion of the Agreement and upon expression of consent to these T&Cs, and for Customers with whom the Agreement has already been concluded, they shall be effective on the date of notification by the Provider of the change to the T&Cs.
- Legal relationships not governed by these T&Cs that arise from the conclusion of the Agreement are governed in particular by the Commercial Code and other related legal regulations of the Slovak Republic. All disputes arising from these T&Cs and in connection with them shall be decided by the general courts of the Slovak Republic.
- Deviations from these T&Cs are only possible on the basis of a written agreement between the Contracting Parties.
- The Provider reserves the right to unilaterally amend and supplement these T&Cs, including the Price List, or to replace them with new T&Cs at any time during their validity, whereby it is obliged to always notify the Customer that these T&Cs have been changed and to enable the Customer to familiarise themselves with them by publishing them on its Website. The change shall take effect on the date specified in the T&Cs or upon publication of the T&Cs on the Website and notification to the Customer that the T&Cs have been changed. Upon the entry into force and effect of the new T&Cs, the original T&Cs shall cease to be valid and effective. If the change to the T&Cs or the Price List is made only by way of an amendment, only those provisions of the original T&Cs that are cancelled or replaced by the amendment shall cease to be valid and effective. The Price List may also be changed separately without an amendment to the T&Cs by notifying the Customer and publishing it on the Website.
- The Customer is aware of all its obligations regarding the personal data of data subjects that it stores in SaaS RECRU and undertakes to fulfil all related obligations set out in legal regulations, in particular Regulation (EU) (EU) 2016/679 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 amending certain laws, and will ensure strict compliance with these regulations.
- The T&Cs are drawn up in the Slovak language. If the T&Cs are also drawn up in a language other than Slovak, the wording in the Slovak language shall be used as the authoritative language version and only this wording shall be legally binding on the Contracting Parties. The wording in any other language is not legally binding on the Contracting Parties and is only an informative translation of the content of the T&Cs drawn up in the Slovak language.
Appendix
Price List
FLEX
- price per user: 19 EUR / user / month
- price per CV in the database: 0.1 EUR / month
- Price for LinkedIn connection: 5 EUR / user / month
- Price for WhatsApp connection: 5 EUR / user / month
- Price for using RECRU AI Agent:
- 0.2 EUR / 1,000,000 tokens on input
- 0.8 EUR / 1,000,000 tokens on output
- Price for development/customisation: 80 EUR / man-hour
PRO AI
- Price per user: 99 EUR / user / month
- Price for LinkedIn connection: 0 EUR / user
- Price for WhatsApp connection: 0 EUR / user
- Price for using RECRU AI Agent: 0 EUR / user
- Price for development/customisation: 80 EUR / man-hour
Enterprise
- Individual pricing based on scope and requirements.