Poslovni pogoji za zagotavljanje rešitve sistema za sledenje kandidatom

(hereinafter referred to as the "Terms")

1. These Terms govern the mutual rights and obligations of the Customer on the one hand and the Provider on the other hand and form an integral part of the Agreement.
2. Solution. Applicant Tracking System (ATS) is a Czech recruitment system specified in more detail in Annex No. 1 to the Agreement, which was developed by the Provider. The Solution provided under this Agreement consists in ensuring the operation of this system and enabling its use by the Customer.
3. 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 that, when making changes, it will also take into account the individual needs of its customers; however, it does not exclude the possibility of significantly changing the Solution and/or removing functions used by the Customer, for example due to a change in legislation. In the event of a change or removal of a function that substantially changes the Solution, the Customer has the right to terminate the Agreement by notice with a notice period ending on the last day of the calendar month in which such notice is delivered to the Provider. In case of such termination the Customer is entitled to request the export of Customer data from the Solution, subject to Article 15 of the Terms. 
4. Users of the Solution. The Solution may be used by the Customer or by an end natural person to whom the Customer grants access in accordance with this Agreement ("User").
5. Conditions of Use.
   • Updated Software. To access the Solution, the Customer is obliged to use exclusively the computer program provided by the Provider for this purpose ("Software"). The Provider is not obliged to support in any way the operation of the Software on devices with an installed operating system and web browser older than three (3) years or access to the Solution through Software that is not fully updated in accordance with the Provider's instructions.
   • Support. The Provider undertakes to provide the Customer with a hot-line for the Solution (help-desk) from Monday to Friday from 9:00 to 16:00, excluding public holidays in the Czech Republic, using the following contact details:
     • email: jirka@recruitis.io,
     • phone: +420 724 500 898,
     • web: recruitis.io; app.recruitis.io/zadavatel/; pro-personalisty.cz; pracevcr.cz;
   • Availability of the Solution. The Provider undertakes to make reasonable efforts to ensure that the Solution is available in 24x7 mode (except for maintenance windows, of which the Customer will be informed in advance through the Solution or Software), and that the availability time will be at least 98% each calendar month. However, without prejudice to Article 8 of these Terms and the mandatory provisions of the applicable legislation, the Contracting Parties agree that the Provider shall not be liable for damages that may arise from the Solution being unavailable for any reason. If the Solution is repeatedly unavailable beyond the stated scope, the Customer has the right to terminate the Agreement by notice with a notice period ending on the last day of the calendar month in which such notice is delivered to the Provider. In case of such termination the Customer is entitled to request the export of Customer data from the Solution, subject to Article 15 of the Terms.
   • Other Conditions. The Customer may use the Software and the Solution only in a manner that may be considered reasonable, customary and not abusing 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 the Solution, or the use of any tools with the potential to cause such disruption from a User's account, the Provider is entitled to block the relevant account or accounts. A breach of the conditions of use under this article of these Terms is considered a serious breach of this Agreement.
6. Grant of Licence to the Solution. The Provider hereby grants the Customer a non-exclusive authorization to exercise the right to use the software, specifically to open, display, run and use the Solution through User Accounts ("Licence"). This Licence is granted without territorial limitation, free of charge, for the entire term of this Agreement and also applies to all updates and new versions of the Solution. The Licence automatically expires together with the expiry or termination of the validity of this Agreement, for any reason whatsoever. The Customer is not entitled to rent, lend, distribute, disseminate, share or transfer the Solution or any part thereof, or further sublicense or assign the rights under the Licence to other persons or otherwise allow third parties to use or access the Solution. The Customer is further not entitled to reverse engineer, decompile, disassemble the Solution beyond the scope permitted by legal regulations, modify, create modifications, alter, change, repair, adapt or otherwise create derivative works from the Solution or parts thereof and distribute or disseminate them, circumvent technical protection measures of the Solution or interfere with the internal structure of the Solution. Under this Agreement, the Customer acquires only the right to use the Software. All ownership rights and copyrights within the Solution belong to the Provider, in unchanged form even if, at the Customer's request, they are changed, extended or combined with software products of the Customer or third parties. To the extent that the Customer or any of its Users provides any feedback or suggestions ("Feedback") relating to the Solution, the Customer unconditionally and irrevocably assigns all rights to such Feedback to the Provider, including the worldwide assignment of the exercise of all intellectual property rights related thereto, without any entitlement to remuneration, and acknowledges that the Provider may freely use, reproduce, modify, distribute, sell or otherwise exploit the Feedback, including incorporating such Feedback into the Solution.
7. Ownership and Security of Data. Data stored when using the Solution remains fully owned by the Customer, and the Customer is responsible for its content, including format, integrity, accuracy, maintenance and compliance with applicable regulations. The purpose of the Solution is only to provide the Customer with new possibilities for creating and using its data, and, without prejudice to Article 8 of these Terms and the mandatory provisions of the applicable legislation,  the Provider bears no liability for damages arising from a breach of the security or integrity of such data. The Provider declares that customer data is duly secured against loss, disruption or unauthorized access and that its backup is run regularly every day after midnight and subsequently stored for sixteen (16) days with a guarantee of seven (7) days of recovery. In the event of a security breach on the Provider's side, the Customer has the right to request such backup. The Provider is not responsible for data archiving.
8. Limitation of Liability of the Parties. The amount of limitation of liability of the Parties shall always be based on the amount of the agreed Fee pursuant to Article 2 of the Agreement (determined according to the price list in Annex No. 2 to the Agreement) and shall be determined as a multiple thereof. In the case of the selected "Basic" variant of the Solution, the Parties limit the amount of their liability for damage in connection with this Agreement to an amount equal to twice the amount of the Fee pursuant to Article 2 of the Agreement; in the case of the selected "Premium" variant of the Solution, the Parties limit the amount of their liability for damage in connection with this Agreement to an amount equal to five times the amount of the Fee pursuant to Article 2 of the Agreement; and in the case of the selected "Enterprise" variant of the Solution, the Parties limit the amount of their liability for damage in connection with this Agreement to an amount equal to ten times the amount of the Fee pursuant to Article 2 of the Agreement. The limitations of liability for damage of the Parties apply to any damage (actual damage, lost profit and any consequential or related damages), regardless of how the damage arose or the reason for which it arose, whether it arose to a Party or a third party or whether the Party was warned of the possibility of such damage arising. A Party shall not be obliged under this Agreement to ensure substitute performance, nor any compensation for loss of data or bear any other similar negative consequence. The limitation of liability of the Parties does not apply to cases where the damage was caused intentionally, by gross negligence or to the natural rights of a person. The Provider undertakes to maintain, for the duration of this Agreement, professional liability insurance covering its activities as a software, hardware, data processing and network management service provider. The insurance is maintained with a limit of indemnity of CZK 20,000,000 (in words: twenty million Czech crowns) and with territorial scope covering Europe.
9. Personal Data. If the Customer uses the Solution to process any personal data of third parties, it acknowledges and agrees that, in relation to such personal data, it is in the position of controller and therefore bears all responsibility for their collection and processing in accordance with the law and for fulfilling the obligations laid down by the relevant legal regulations. If Personal Data is or will be processed within the Solution, the Parties undertake to conclude, beyond the Agreement, a personal data processing agreement within the meaning of applicable legal regulations. Only such an agreement may authorize the Provider, as processor of Personal Data within the defined scope (the definition shall be determined by the personal data processing agreement), by the Customer, as controller. The conclusion of this Agreement is not, in relation to Personal Data, any authorization of the Provider as processor by the Customer, as controller, and cannot be interpreted as such under any circumstances.
10. Confidentiality. Unless otherwise provided in this Agreement, neither Party may disclose or allow a third party access to confidential information obtained from the other Party or third parties in connection with the performance of this Agreement, nor use it for its own benefit for any purpose other than that arising from this Agreement. All information designated as confidential by a Party shall be considered confidential, as well as information not so designated if it may reasonably be assumed that the other Party has an interest in its non-disclosure. Confidential information includes in particular information about this Agreement, the Parties, their business and private affairs, business partners, intellectual property, know-how and trade secrets of the Parties, information related to the Solution, made available in any form (oral, written, visual, data or other form) to the Parties, their employees, bodies or members thereof, Users or other persons, unless such information was demonstrably published before the moment of its discovery. The Customer expressly undertakes to maintain confidentiality regarding access data to the Solution and regarding the ideas, procedures, structures, algorithms and methods used on which the Solution or its individual components are based or which they contain. The Customer is not entitled to use such knowledge for the development, production or commercial use of a similar or other solution, nor for any other conduct threatening or infringing copyright and/or the business interests of the Provider. However, the Parties are entitled to publicly list the other Party as their reference. The obligations under this article shall survive the expiry or termination of the Agreement for a period of three (3) years. A Party that breaches the obligations arising from the provisions of this article is obliged to pay the other Party a contractual penalty of EUR 4,200 (in words: four thousand two hundred euros) for each breach of such obligation within 30 days of delivery of a payment request by the other Party. The right to compensation for damages is not affected, either as to its existence or amount, by payment of this contractual penalty.
11. Cooperation. The Parties undertake to cooperate with each other and provide each other with all information necessary for the proper fulfilment of their obligations. Each Party is obliged to inform the other Party of all facts that are or may be important for the proper performance of this Agreement.
12. Mutual Communication and Delivery. All communication shall take place through the authorized persons listed in Annex No. 3 to the Agreement, or representatives appointed by them. A Party or the relevant authorized person is obliged to inform the other Party in writing about the appointment of another person. Electronic or other remote means of communication may also be used for communication between the Parties and, if so provided by this Agreement, also for amendment of this Agreement, in particular communication via the Solution, e-mail or telephone. Documents may be delivered to the other Party via the Solution or by e-mail even without an electronic signature, provided that at least a digital copy of the original document including the signature of an authorized person is attached to the communication. For the purposes of written communication between the Parties via the Solution, a fully textual form of the document is sufficient even 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 refused delivery, a Party is entitled to use other suitable means of communication or to send the communication by registered mail with confirmation of delivery. Thereafter, the legal act is considered delivered no later than on the tenth (10th) day after its dispatch, even without confirmation of delivery.
13. Customization. Any additional modifications that the Customer wishes to have created shall, before implementation, be assessed in terms of time demands and the date of updating the Solution. The price for each such modification shall be determined by multiplying the number of commenced days of each of the Provider's employees participating in such update by the price per "man-hour" according to the Provider's price list. This includes in particular the work of a programmer, software architect and tester. The price may also be agreed as fixed. 
14. Security Compliance. The Customer has been informed that its data is secured by a username and password; nevertheless, it must observe in particular the following security rules:
    • must not log in to the Solution on a public Wi-Fi network or any Wi-Fi network that is not secured by 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 in any way the observation of the username and password during physical contact with another person, even if such person is its colleague from the same company,
    • must not disclose its username and password to anyone else and must protect them, and
    • never enter the password or log in after clicking on a link from an e-mail that would call for this, even indirectly,
    • must cancel the User's account in the Solution before the termination of the employee's employment, and
    • prevent the loss of the phone on which the mobile application of the Solution system 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.

15. Termination of the Agreement. The Agreement may be terminated by agreement of the Parties, by notice or by immediate withdrawal from the Agreement by one of the Parties, only by written act. The Parties may terminate the Agreement by notice at any time, even without giving a reason. The notice period is three (3) months and begins on the first day of the following calendar month after delivery of the notice to the other Party, unless the Party specifies a later date in the notice. If the Provider terminates the Agreement by notice, it undertakes to return to the Customer the proportionate part of the Fee for the period during which the Solution will not be provided to the Customer. If on the other hand the Agreements is terminated by notice by the Customer, no refund of any part of the Fee already paid shall be made. Each Party is entitled to withdraw from the Agreement with effect as of the date of delivery of the expression of will to withdraw to the other Party in the event of a serious breach of this Agreement by the other Party. For the purposes of this article, a serious breach shall be considered in particular (i) reasons for withdrawal from the Agreement pursuant to the provisions of Section 2002 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended, (ii) the fact that the other Party enters liquidation, or (iii) if a final decision of the competent court confirms that the other Party is insolvent. Upon termination of the Agreement, the Customer is entitled to request, in writing, the export of the Customer’s data, provided that such a request is made no later than 30 days before the effective date of termination of the Agreement. Within 14 days of receiving the request, the Provider shall provide the Customer with the exported data in the format and to the extent specified in Annex 2 to the Agreement. The Provider shall permanently delete all of the Customer’s data from the Solution on the effective date of termination of the Agreement.
16. Amendment of the Terms. The Customer and the Provider have agreed that the Provider is entitled to change or amend these Terms at any time. If such a change is made, the Provider shall publish the new wording of these Terms on the website www.recruitis.io and inform the Customer of this change electronically. The Customer acknowledges and agrees that if it continues to use the Solution after the effective date of the amendment of these Terms and does not deliver a notice of termination of the Agreement to the Provider, the Provider shall consider this to be the Customer's consent to the new wording of these Terms. If the Customer does not agree with the amendment of the Terms, it must notify the Provider in writing of its disagreement no later than fourteen (14) days from the date of notification of the amendment of these Terms. In such case, the amendment of the Terms shall not apply to the Customer to the extent to which the Customer disagrees with the amendment, and the Agreement shall continue under the original Terms, but no longer than until its automatic renewal pursuant to Article 8 of the Agreement. After its automatic renewal, it shall be deemed that the Customer agrees with the amendment. The termination of the validity of these Terms and their replacement by new Terms shall have no effect on any statutory rights belonging to the Customer or the Provider, on the obligations and commitments that both Parties have, or that arise for both Parties during the validity of these Terms, nor on the rights, obligations and commitments that are expressly stated to apply without time limitation.
17. Relation of the Terms to the Agreement.  In the event of a conflict between the wording of the Agreement and these Terms, the provisions of the Agreement shall prevail.
18. Effectiveness. These Terms come into effect on August 5, 2026.