Business terms and conditions for providing the Applicant Tracking System Solution
(hereinafter referred to as the "Terms")
These Terms regulate the mutual rights and obligations of the Customer on one side and the Provider on the other side and are an integral part of the Contract.
Solution. Applicant Tracking System (ATS) named Recruitis is a Czech recruitment system specified in detail in Annex No. 1 of the Contract, developed by the Provider. The Solution provided under this Contract consists of ensuring the operation of this system and enabling its use by the Customer.
Solution Parameters. The Provider reserves the right to unilaterally change the specific form, appearance, or certain parameters of the Solution. The Provider declares that the scope and frequency of changes will not significantly exceed the level customary for services of this type, and when making changes, the Provider will also take into account the individual needs of its customers; however, it does not exclude the possibility of significantly changing and/or removing features used by the Customer. In the event of a change or removal of a feature that substantially alters the Solution, the Customer has the right to terminate the contract with a notice period ending on the last day of the calendar month in which such notice is delivered to the Provider. In this case, the Provider is obliged to provide the Customer with a tool for exporting its data in a generally widespread database format, free of the fee specified in Annex No. 2 of the Contract.
Solution Users. The Solution may be used by the Customer or the end individual to whom the Customer grants access in accordance with this Contract ("User").
Conditions of Use.
Updated Software. To access the Solution, the Customer is required to use solely the computer program provided by the Provider for this purpose ("Software"). The Provider is under no obligation to support the operation of the Software on devices with an operating system and web browser older than three (3) years or access to the Solution via Software that is not fully updated according to the Provider's instructions.
Support. The Provider undertakes to provide the Customer with hotline support (help desk) for the Solution during the hours Monday to Friday from 9:00 to 16:00, excluding public holidays in the Czech Republic, using the following contact details:
Solution Availability. The Provider undertakes to make reasonable efforts to ensure that the Solution is available on a 24x7 basis (except for maintenance windows, which the Customer will be notified of in advance through the Solution or Software), and that the availability time will be at least 98% each calendar month. However, the Parties agree that the Provider is not liable for damages that may occur due to the Solution being unavailable for any reason. In the event that the Solution is repeatedly unavailable beyond this limit, the Customer has the right to terminate the contract with a notice period ending on the last day of the calendar month in which such notice is delivered to the Provider. In this case, the Provider is obliged to provide the Customer with a tool for exporting its data in a generally widespread database format, free of the fee specified in Annex No. 2 of this Contract.
Other Conditions. The Customer may only use the Software and the Solution in a manner that is reasonable, customary, and does not abuse the rights or legitimate interests of the Provider. If the Provider detects an attempt to disrupt the stability, security, or integrity of the Software or Solution from a User's account, the Provider is entitled to block that account or accounts. Breach of the conditions of use under this article of these Terms is considered a serious breach of this Contract.
License to the Solution. The Provider hereby grants the Customer a non-exclusive right to use the software, specifically to open, display, run, and use the Solution through User accounts ("License"). This License is granted without territorial restrictions and free of charge for the entire duration of this Contract and applies to all updates and new versions of the Solution. The License automatically terminates with the expiration of this Contract for any reason. The Customer is not authorized to rent, loan, distribute, share, transfer, sublicense, or otherwise enable third parties to use the Solution or any part of it. The Customer is also not authorized to reverse-engineer, decompile, disassemble beyond what is allowed by law, make modifications to the Solution, and distribute or share such modifications, bypass technical protection measures of the Solution, or interfere with the internal structure of the Solution. The Customer acquires only the right to use the Software through this Contract. All ownership and copyright within the Solution belong to the Provider, unchanged, even in cases where modifications, extensions, or combinations with the Customer's or third-party software products are made at the request of the Customer.
Ownership and Data Security. The data stored during the use of the Solution remains fully owned by the Customer, and the Customer is responsible for its content. The purpose of the Solution is solely to provide the Customer with new ways of creating and utilizing its data, and the Provider bears no responsibility for damages caused by breaches of security or integrity of such data. The Provider declares that customer data is properly secured against loss, disruption, or unauthorized access, with a backup process initiated daily after midnight and stored for sixteen (16) days, with a guarantee of seven (7) days for recovery. In the event of a security breach on the Provider's side, the Customer has the right to request such a backup. The Provider is not responsible for the archiving of data.
Limitation of Liability of the Parties. The amount of limitation of liability for the Parties is always based on the amount of the agreed Fee according to Art. 2 of the Contract (determined according to the price list in Annex No. 2 of the Contract) and is set as a multiple of it. In the case of the "HR Freelancer" and "Basic" Solution options, the Parties limit their liability for damages related to this Contract to an amount equal to twice the amount of the Fee according to Art. 2 of the Contract; in the case of the "Premium" Solution option, the Parties limit their liability for damages related to this Contract to an amount equal to five times the Fee according to Art. 2 of the Contract; and in the case of the "Enterprise" Solution option, the Parties limit their liability for damages related to this Contract to an amount equal to ten times the Fee according to Art. 2 of the Contract. The limitation of liability for damages by the Parties applies to any damage (actual damage, lost profits, and any consequential or related damages), regardless of how the damage occurred or the reason for its occurrence, whether the damage occurred to a Party or a third party, or whether the Party was warned of the possibility of such damage occurring. The Party will not be obligated under this Contract to provide substitute performance or any compensation for data loss or bear any other similar negative consequence. The limitation of liability of the Parties does not apply in cases of damage caused intentionally, by gross negligence, or by a breach of good manners, unless the Party is exercising its rights.
Personal Data. In the event that the Customer uses the Solution to process any personal data of third parties, the Customer acknowledges and agrees that it acts as the data controller with respect to this personal data and thus bears full responsibility for its collection and processing in accordance with the law and for fulfilling the obligations set out by the applicable legal regulations. In the event that personal data is processed or will be processed within the Solution, the Parties agree to conclude, in addition to the Contract, a data processing agreement in accordance with applicable legal regulations. Only by such an agreement can the Provider be authorized as the data processor for the defined scope (the scope will be determined by the data processing agreement) by the Customer, as the data controller. The conclusion of this Contract does not, in relation to personal data, constitute any authorization for the Provider to act as a data processor on behalf of the Customer, as the data controller, and cannot be interpreted as such under any circumstances.
Confidentiality. Unless otherwise specified in this Contract, neither Party may disclose or allow a third party access to confidential information obtained from the other Party or from third parties in connection with the performance of this Contract, nor may they use it for their benefit for any purpose other than as derived from this Contract. All information that a Party has designated as confidential, or even information not so designated, where it can reasonably be assumed that the other Party has an interest in its non-disclosure, is considered confidential. Confidential information includes, in particular, information about this Contract, the Parties, their business and private affairs, business partners, know-how, and trade secrets of the Parties, information related to the Solution, disclosed in any form (oral, written, visual, data, or other forms) to the Parties, their employees, bodies or their members, Users, or other persons, unless such information was demonstrably made public before the moment of disclosure. The Customer expressly agrees to confidentiality regarding access data to the Solution and about ideas, processes, structures, algorithms, and methods used in the Solution or its individual components. The Customer is not authorized to use this knowledge for the development, creation, or commercial use of a similar or other solution, nor to take any other actions that threaten or infringe the Provider's copyright and/or business interests. The Parties are, however, entitled to publicly refer to the other Party as their reference. The obligations under this article persist even after the termination of the Contract for three (3) years. The Party that violates the obligations arising from this article is obliged to pay the other Party a contractual penalty of one hundred thousand crowns (100,000 CZK) for each breach of such obligation. The right to compensation for damages is not affected by the payment of this contractual penalty in terms of both its occurrence and amount.
Cooperation. The Parties undertake to cooperate and provide each other with all necessary information for the proper fulfillment of their obligations. Each Party is obliged to inform the other Party of any facts that are or may be important for the proper performance of this Contract.
Mutual Communication and Delivery. All communication will take place through authorized persons listed in Annex No. 3 of the Contract or their authorized representatives. The Party or the respective authorized person is obliged to inform the other Party in writing about the authorization of another person. The means of electronic or other remote communication, especially communication via the Solution, email, or telephone, may be used for communication between the Parties and, where this Contract stipulates, for amending this Contract. Documents may be delivered to the other Party via the Solution or email without an electronic signature, provided that a digital copy of the original document, including the signature of the authorized person, is attached. For the purposes of written communication between the Parties using the Solution, a fully textual form of the document is sufficient without an attached digital copy. Communication under this article is considered delivered to the other Party if the Party confirms receipt or responds to it. In the case of unconfirmed or rejected delivery, the Party is entitled to use other suitable communication methods or send the communication by registered mail with confirmation of delivery. The legal act is considered delivered no later than the tenth (10th) day after it was sent, even without confirmation of delivery.
Customization. Any additional modifications that the Customer wishes to create will be assessed in terms of time demand and the date of the Solution update before realization. The price for each such modification will be determined by multiplying the number of days worked, for each of the Provider's employees involved in such an update, by the "man-day" rate according to the Provider's price list. This includes, in particular, the work of programmers, software architects, and testers. The price may also be agreed upon as a fixed amount. Such Customization also includes the export of data to a standardized CSV format upon contract termination. The Customer must request such an export no later than the last day of the contract term, otherwise, the data may already be deleted without the possibility of recovery.
Security Compliance. The Customer has been informed that their data is secured by a username and password, but they must adhere to the following security rules in particular:
must not log into the Solution using public Wi-Fi networks or any unsecured Wi-Fi network without a password,
must not store the username and password in the browser memory or in unsecured tools for automatic filling of the username and password,
must prevent any methods of observing the username and password during physical contact with another person, even if it is a colleague from the same company,
must not disclose their username and password to anyone and must protect it, and
must never enter the password or log in by clicking on a link in an email, even if it indirectly prompts them to do so,
must disable the User account in the Solution before terminating the employment relationship of an employee, and
must prevent the loss of the phone on which the mobile application of the Solution is installed.
If any of the above-mentioned events or similar occur, leading to the misuse of the username and password, the Customer is aware that they are fully responsible for the breach of security and the misuse of all data stored in the system, and the Provider cannot be held responsible for any data leakage or misuse by an unauthorized person.
In the event that the above-mentioned security risks occur, the User is obliged to immediately and without delay change their username and password and do so on a secure network.
Termination of the Contract. The Contract may be terminated by mutual agreement of the Parties, by notice, or by immediate withdrawal by one of the Parties, and only in writing. The Parties may terminate the Contract at any time, without stating a reason. The notice period is three (3) months and begins on the first day of the calendar month following the delivery of the notice to the other Party, unless the Party specifies a later date in the notice. If the Provider terminates the Contract, it undertakes to return the Customer a proportional part of the Fee for the period in which the Solution will no longer be provided to the Customer. Each Party is entitled to withdraw with effect on the date of delivery of the notice of withdrawal to the other Party in the event of a serious breach of this Contract by the other Party. A serious breach within the meaning of this article includes, in particular, (i) reasons for withdrawal from the contract under the provisions of ยง 2002 and following of Act No. 89/2012 Coll., the Civil Code, as amended, (ii) the fact that the other Party enters into liquidation, or (iii) if a final decision of the competent court confirms that the other Party is bankrupt. After the termination of the Contract, the Provider is entitled to delete all Customer data.
Changes to the Terms. The Customer and the Provider agree that the Provider is entitled to change or modify these Terms at any time. If such a change is made, the Provider will publish the new version of these Terms on the website www.pro-personalisty.cz and inform the Customer of this change electronically. The Customer acknowledges and agrees that if they continue to use the Solution after the effective date of the change in these Terms and do not deliver a termination notice to the Provider, the Provider will consider this as the Customer's consent to the new version of these Terms. If the Customer disagrees with the change in the Terms, they must notify the Provider in writing of their disagreement no later than fourteen (14) days from the date of notification of the change in these Terms. In such a case, the change in the Terms will not apply to the Customer in the scope in which the Customer disagrees with the change, and the Contract will continue under the original Terms, but no longer than until its automatic renewal under Article 5 of the Contract. After its automatic renewal, it is understood that the Customer agrees with the change. Termination of the validity of these Terms and their replacement with new Terms will not affect any statutory rights that belong to the Customer or the Provider, nor the obligations and commitments that both Parties have or will acquire during the term of these Terms, nor the rights, obligations, and commitments explicitly stated to apply indefinitely.
Relation of the Terms to the Contract. In the event of a conflict between the wording of the Contract and these Terms, the provisions of the Contract shall prevail.
Effectiveness. These Terms come into effect on January 1, 2022.