I. Essential Terminology
www.myjobsi.com is an advertising website operated by the Operator.
Operator:
123jobs Media s.r.o., Za Hladkovem 680/12, 169 00 Prague 6
Business reg. ID No.: 053 34 969
registered within the Municipal Court in Prague, section C, file No. 262103
Client:
An individual or a corporation - entrepreneur entering into a contract on provision of advertising services with the Operator of www.myjobsi.com
Applicant:
A visitor to the job portal.
II. Services, Rates
The www.myjobsi.com advertising website provides entrepreneurs and other business people utilizing third-party workmen with services in the job vacancy advertisement domain.
The range of services offered and the applicable rates are subject to the valid price list published on www.myjobsi.com (hereinafter referred to as the “Pricelist” only). The portfolio of services offered and the applicable rates may be subject to individual arrangements and tailored deals, depending on the scope of services available and requirements of the particular Client.
The rates and scope of services available may vary depending on the progress on labor market, website traffic, etc.
The Client is entitled to access the services they have ordered. Their access is protected with a user name and password, chosen by the Client.
The Client is obliged to protect such login data against misuse. The Operator assumes no responsibility for any misuse of such data by any unauthorized party.
The Operator reserves the right to adjust the scope, rates or specifications of any services at their own discretion. However, such change(s) shall not apply to any contracts already concluded with Clients.
The essential service provided to clients comprises advertising of job postings on the website www.myyjobsi.com (hereinafter referred to as “Advertising” only).
For specifications of individual Advertising products, please refer to the Pricelist.
III. Contracting and Service Provision
The Operator receives orders from Clients to conclude contracts for Advertising; that is via the electronic form at www.myjobsi.com.
Completion of the form by the Client, followed by clicking on the “Subscription” button comprises a proposal submitted to the Operator for conclusion of an Advertising provision contract; that is within the scope selected by the Client and at the rate confirmed by the Pricelist in force as well as in compliance with these Business Terms and Conditions.
By submitting their order, the Client confirms to have been made familiar with the terms applicable to contracting and the Pricelist contents.
The Client acknowledges the Operator is not obliged to confirm any Order in writing or by any digital means.
An Order shall be considered accepted by the Operator and the contract for Advertising has been concluded subsequently once the Operator has launched the service provision, i.e. upon subscription to the service per plan identified within the up-to-date and valid Pricelist.
The Operator is entitled to conclude any contract, if:
- the Client has committed any breach of their liabilities towards the Operator or run into any default with their payments
- such order violates proper manners
- the details provided by Client are invalid, incomplete or incorrect
IV. Publication of Job Listings
The Operator undertakes to publish the Advertising per contractual conditions agreed with the Client.
The Operator reserves the right to suspend any contracted supplies for reasons defined below:
- the advert violates laws of the home country of the Operator or demeanour
- the advert contains sexual implications or relates to provision of any sexual or erotic services
- the advert content has been placed within a wrong category or region. Insertion of advert(s) into the correct category and region shall be the responsibility of Client
- the advert may harm reputation of the Operator or any third party
- the advert contains a multiple job offer in contradiction with the contractual terms and conditions
- the advert violates copyright or other rights associated therewith, any trademark rights, trade names protected mark of origin or any industrial rights
- the advert instigates hatred against any group of people or restrictions of their rights and liberties, disparages any nation, ethnic groups, races or religious beliefs
- the advert contains a commercial only
- the advert contains deceitful information about another party, with potential to harm their decency, reputation, to harm such person in their employment, disrupt their family relations or induce any other serious harm to such person respectively
V. Payment Terms, Invoicing
The Client undertakes to pay the Operator for services per rates identified in the Pricelist, unless an individual pricing plan has been agreed.
The price is payable against a tax document (tax invoice) issued by the Operator, subject to the maturity period specified within the particular invoice.
Utilisation of any service determined by the Operator purchased by means of subscription (hereinafter referred to as “Subscription” only) shall be reserved for the Client only. Any registered Client subscribed to any service shall pay their Subscription fees by means of repeated (even recurrent) payments via payment channels (PayPal) allowing execution of such payments, applicable to the period pre-defined by the Operator. The Operator is entitled to terminate provision of services paid via Subscription at any time, subject to the terms and conditions applicable to utilisation of particular usage of particular payment channels by the relevant means (the “Cancel subscription” button).
The Operator will not issue any refunds of Subscription fees already paid for particular period. The Operator is also entitled to terminate the provision of service purchased by means of Subscription in relevance with the particular Client, that is mainly in case of failure to pay the Subscription fees within the relevant payment channel and the applicable maturity period or for any discretionary period following thereafter due to lack of funds..
The Operator reserves the right to change the method of payment for Subscription per technical and operating requirement or options available to the Operator. Such change(s) will be notified to users affected.
The Client agrees to issue and provide their tax invoice in digital form.
VI. Complaints
The Client is entitled to file a complaint with respect to services in case of an error attributable to the Operator.
The Client is entitled to utilise the complaints procedure and demand a rebate or facultative compensation (publication of Advertising) for the days of faulty service provision violating the extent initially agreed.
Should the Client not select their particular right within the complaint, the same may be performed by the Operator.
The maximum period for filing of complaints is limited to 14 days following the date of actual or possible discovery of error by the Client, while exercising proper attention, however, the total maximum period shall be limited to 2 months following publication of the Advertising.
Any complaints of the Client shall be filed using the contact form situated on the website www.myjobsi.com. The Operator undertakes to process any complaint within the maximum period of 14 days.
VII. Liability of Operator
The Operator shall not be held liable for suspended service provision due to effects of force majeure, any defect on facilities operated by energy and utility vendors (el. power, telecommunication lines etc.) or due to any reason for the suspension attributable to the Client.
The Operator holds no liability for advertising content, its linguistic and grammar accuracy or the true and relevance of the data contained within such Advertising.
The Operator neither provides the Client with any guarantee to find a suitable applicant and fill their particular job listing, nor ensures such applicant remains in the particular employment or any similar legal relation.
The Operator holds no liability for any damage potentially incurred by the Client or any third party in relevance with utilisation of the advertising website, including any profit and data losses.
The activities purveyed by the Operator in accordance with the stipulations hereof do not constitute any paid labor agency in terms of the Act No. 435/2004 Coll., on Employment.
VIII. Personal Data Protection - Information about Personal Data Processing
The Operators proceeds as the data administrator (hereinafter also referred to as “Administrator” only) and provides the following data:
1. Legal basis for processing
- Advertising Contract
- provision of personal data is mandatory for data subjects - Client, arising from the Advertising Contract
2. Purpose of processing
- provision of services per Advertising Contract concluded with the Client
3. Recipients of personal data
- public authorities (e.g. courts, administrative authorities)
- providers of accounting and tax services
- other recipients as required and instructed by the Client
4. Personal data processing period
- personal data will be processed throughout the duration of contract mentioned, to be further handled in accordance with the laws in force, especially the Act No. 499/2004 Coll., (on Archiving and Records Management and on the Amendment of Selected Acts) and the 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 (General Data Protection Regulation), following termination/expiry of the said contract.
5. Rights of Client
- the right to access personal data means the Client is entitled to ask the Administrator to confirm, whether their personal data is subject to processing; and if so, the Administrator is obliged to confirm the type of data and the processing methods concerned. The Client also has the right to request the Administrator deletes their personal data relevant to the Client immediately. The Client is entitled to update any incomplete data at any time.
- in other words, the right for deletion of personal data constitutes liability of the Administrator to destroy personal data relevant to the Client being processed, however, this is subject to compliance with certain conditions, whenever requested by the Client.
- the restriction right entitles the Client to limit processing of their personal data conducted by the Administrator. Any processing based on legitimate interests of the Administrator, any third party or required to perform any tasks in public interest or for public authority execution may be appealed by the Client at any time.
- the right of data transferability entitles the Client to obtain a copy of their personal data submitted to the Administrator in a regular and machine-readable format. The Client is also entitled to forward such data to another administrator or, if technically feasible, to ask mutual exchange of such data between two different administrators respectively.
Caution:
- the right to revoke the consent with personal data shall not apply, since the personal data of Client is subject to processing to perform a particular contract concluded with the Client rather than their consent with processing of such data.
- should the Client be discontented with processing of their personal data conducted by the Administrator in any way, their complaint may be filed with the Administrator directly or with the Office for Personal Data Protection.
The Operator undertakes to comply with all their duties imposed in relevance with personal data by the Act No. 101/2000 Coll., on Personal Data Protection, as well as the Regulation of the European Parliament and the (EU) Council No. 2016/679 (GDPR).
The Client undertakes to comply with all their duties imposed in relevance with personal data by the Act No. 101/2000 Coll., on Personal Data Protection, as well as the Regulation of the European Parliament and the (EU) Council No. 2016/679 (GDPR), that is mainly with respect to job applicants, whose personal data has been obtained via the job portal www.myjobsi.com.
The usage of personal data provided by an Applicant to the Client shall be limited to filling a particular job listing only.
The Client is obliged to protect personal data of their Applicant, obtained via the website, against any misuse and abstain from using such data for other purposes on their own or for the benefit of any third party, especially to ensure the data is not made available to another party or even published.
Any breach of the obligation will make the Client fully liable for damage caused by such infringement. The Client agrees to ensure full settlement of any claims raised towards the Operator due to breach of any rights attributable to third parties and full indemnity of the Operator for the same.
IX. Miscellaneous
Every advert may contain reference to a single job posting only. Multiple job postings listed within a single advert are prohibited and the Operator reserves the right to suspend performance of their contract for any adverts containing multiple job positions.
The Client acknowledges the rates for advertising defined by the Pricelist are set for a particular period and their obligation to pay the defined advert price for the entire period although they may not utilise such time interval fully, e.g. due do erasure, bypass or suspension of their advert prior to expiry of the agreed period.
The Client acknowledges and agrees with the Operator recording IP addresses of devices used for advertising orders.
The content and grammar accuracy of Advertising constitutes full liability of the Client. However, the Operator reserves the right to perform stylistic corrections prior to publication of any advert.
Should any order of Advertising contain a graphic depiction, a logo, a photograph or any product of human creative activity, any settlement of relations with the author of such work shall constitute full and exclusive liability of the Client. The Client agrees ensure full settlement of any claims raised towards the Operator due to breach of any rights attributable to third parties mentioned herein and full indemnity of the Operator for the same.
The Operator is entitled to proceed with immediate suspension of any service provision to the Client with no compensation entitlement granted to the latter, should the Client commit a serious breach of their contract, especially when:
- the Client uses personal data from Applicants – job applicants - in a manner contradictory to the stipulations hereof
- the Client lets their registered account to another party, who has been blacklisted by the Operator for failure to settle any liabilities due to the Operator or any misuse of personal data pertaining to Applicants in any manner contradictory to the stipulations herein.
- the Operator has found out the Client performed an illegitimate registration to the website.
- The Client committed any act contradictory to the contract and/or the contents hereof and/or demeanour; and if there are negative responses by users of the website or Applicants potentially detrimental to reputation of the Operator and/or impeding the quality level of services provided.
The Advertising contract, as well as any other contractual relations between the Operator and the Client arising from provision of services by the Operator shall be governed by the laws of Czech Republic.
Any disputes arising from contracts on provision of advertising or other similar services between the Operator and the Client or between the Operator and any Applicant shall be subject to jurisdiction of the courts in Czech Republic. The jurisdiction for corporations shall be defined by the local jurisdiction of a general court of law of the Operator.
The Client and the Applicant agree and expressly confirm they shall abstain from visiting and usage of the website www.myjobsi.com pursuant to their discontent or misapprehension of the stipulations herein.
The stipulations herein and the Pricelist in force shall form integral parts of the contract.
These Business Terms and Conditions come into force and effect as of 1.1.2020
