GENERAL TERMS AND CONDITIONS
1.1. The terms set out below shall mean:
(A) General terms and conditions: these General terms and conditions;
(B) Portal: web interface of the Operator for management of a user account on the Operator's website: www.plus55.net;
(C) Operator: plus55 s.r.o., with its seat at Zámocká 22, 811 01 Bratislava, registered with the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No.: 122755/B, ID No.: 51 053 420, VAT No.: 21 20 604 167, email address: info@plus55; tel. contact: +421 903 500 053;
(D) User: any natural or legal person entering the Portal and using the Services provided by the Operator, whether as a candidate or as a company. In the event that a user only views the Portal and does not use the Service, he / she is considered as a visitor;
(E) Candidate: solely a natural person who uses the Services provided on the Portal in order to find a suitable job opportunity;
(F) Company: a legal entity or a natural person - entrepreneur, which enters the Portal and uses the Services provided by the Operator in order to find a suitable Candidate;
(G) Pricelist: is a list of the prices of the Services that the Operator provides to the Users and which is placed on the Portal;
(H) Parties: the Operator and the User;
(I) Contract: Contract on provision of Services concluded between the Provider and the User;
(J) User profile: User's work environment, to which the User will have a free of charge access after registration and its confirmation by the Operator and which serves for a use of the Service by the User.
(K) Service: online advertising service provided by the Provider for intermediation of an offer and a demand between the Users via the Portal and which includes, in particular, provision of a possibility for the User to create a User profile and search for other Users' offers or a possibility to publish own User profile on the Portal for other Users;
(L) Order: order made by the User through the registration form placed on the Portal for the purpose of registering the User and / or for the purpose of selecting a particular Service;
(M) Bank account of the Operator: bank account No. 2947046422, kept by Tatra banka;
(N) Civil Code: Act No. 40/1964 Coll. Civil Code;
(O) Commercial Code: Act No. 513/1991 Coll. Commercial Code;
(P) Consumer Protection Act: Act No. 250/2007 Coll. on protection of a consumer, as amended;
(Q) Consumer Protection Act for distance contracts: Act No. 102/2014 Coll. on protection of a consumer for contracts concluded at a distance;
(R) General Data Protection Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council 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/;
(S) E-Commerce Act: Act No. 22/2004 Coll. on Electronic Commerce, as amended;
II. INTRODUCTORY PROVISIONS
2.1. These General terms and conditions govern the rights and obligations of the Operator and Users when using the Services on the Portal. The General terms and conditions are an integral part of any Contract concluded between the Operator and the User and are binding on all Users of the Services.
2.2 The Operator does not perform mediation of employment for remuneration pursuant to the Act No. 5/2004 Coll. on Employment Services and on Amendments to Certain Acts, as amended.
2.3 The respective authority for inspection of provision of Services provided based on there General terms and conditions is Slovak Trade Inspection (Slovenská obchodná inšpekcia), STI Inspectorate for the Bratislava Region, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27.
2.4 Only these General terms and conditions shall apply to relations arising from the Contract and the use of any other general terms and conditions is excluded.
2.5 The Contract and the General terms and conditions are executed in Slovak, English and German language and the Contract may be concluded in Slovak, English and German language upon User's choice.
2.6 The content of the Portal consists of all graphic, text, or other content, which will be displayed to the visitor or the User when browsing the Portal or when using the Service except for the User's content. The Operator exercises all property rights of authors or other persons, which with their creative intellectual activity contributed to the creation of the content in question and at the same time has all rights to the content of the Portal. For the avoidance of any doubt the content of the Portal is all the software that the visitor when viewing the Portal or the User when using the Service has a possibility to use. Without the prior consent of the Operator neither the visitor nor the User has a right to use the content of the Portal or any of its part.
2.7 The visitor and the User are obliged, when viewing and using the Portal and any part of the content of the Portal, to proceed in such a way that it does not interfere with the Operator's or other visitors´ or Users´ or third parties rights through its actions. In the event that such an interference occurs, the visitor or the User is responsible for the outcome of this interference alone, without the Operator's involvement.
III. GENERAL CONDITIONS OF USE OF THE PORTAL, REGISTRATION AND ACTIONS REQUIRED TO CONCLUDE CONTRACT
3.1. Usage of Services of the Portal by the Users is subject to registration on the Portal. If the visitor is interested in using the Service, the visitor is required to make a registration through a registration form made available to the public through the Portal.
3.2. After submitting a duly completed registration form the Operator has the right to confirm the registration of the visitor by sending a confirmation e-mail message to a stated visitor's e-mail address.
3.3. At the moment of sending the registration form containing all required data and at the same time containing correct, accurate data any upon confirmation of registration by the Operator the visitor gets the User's status. Expression of an explicit consent with these General terms and conditions by ticking the respective column, the so-called „check box“, represents a condition for sending the registration form.
3.4. Based on User registration on the Portal the User profile will be created for the User which the User is authorized to use when using the Service, a from which he may make further Orders for paid Services offered by the Operator under theseGeneral terms and conditions.
3.5. Along with establishing the User profile the User has a possibility to pay for Services consisting in publishing of own User profile for other Users together with complete contact details of other Users for the selected time period according to the Pricelist. At the moment of payment for Services selected by the User the User will immediately obtain the opportunity to use these Services.
3.6. When registering on the Portal and in the implementation of Orders the User is obliged to state all data correctly and truthfully. If the data listed in the User profile change, the User is required to update these data without undue delay. All data listed in the User profile are considered correct and true.
3.7. Access to the User profile is secured by username and password. The User is required to maintain confidentiality regarding the information necessary to access his User profile. The User is responsible for all activities performed through his User profile.
3.8. By registering at the Portal, the User agrees to publish the User profile and contact information for other Users.
3.9. The proposal of the Operator to perform Service presented on the Portal does not represent a proposal for conclusion of a contract (an offer) pursuant to Section 43a of the Civil Code and the Operator is not obliged to conclude with a visitor a Contract related to the Service concerned. The presentation of the Service on the Portal is of informative character only.
3.10. The proposal of the Operator to perform Service presented on the Portal represents only a call of the Operator to submit a proposal for the conclusion of the Contract. Only the registration made by a visitor via the registration form placed on the Portal is a binding proposal for the conclusion of the Contract.
3.11. Immediately upon receipt of the Order the Operator will confirm by e-mail to the User its receipt to the e-mail address of the User listed in the Order. However, confirmation of Order is not considered as acceptance of the Order by the Provider based on which there shall take place conclusion of the Contract according to Article 3.12 of these General terms and conditions.
3.12. The Contract is concluded at the moment when the Operator delivers the receipt of the Order to the email address of the User with a password for the User profile and thus confirms to the User the conclusion of the Contract and performs registration on the Portal.
3.13. The User bears the cost of using the means of communication incurred in connection with the conclusion of the Contract (in particular the cost of connecting to the Internet or making telephone calls), and these costs do not differ from the base rate. The Operator, however, does not bear the costs increased for reasons on the side of the User.
3.14. The Contract will be stored by the Operator in electronic form for the necessary time and will be accessible to the User upon request.
3.15. The Operator shall fulfill the obligation to give to the User immediately after the conclusion of the Cotract one counterpart by delivering by email to the User the acceptance of his Order along with attached General terms and conditions with the content of which the User expressd his consent when performing the Order on the Portal.
3.16. Thus, the Operator by creation of technological background and means of communication intermediates to the Users the possibility to offer work or to seek work, thus Services on which the Portal is focused.
3.17. The Operator is not responsible for the content of the ads or User profiles of Users creted by themselves nor for any obligations among the Users, which may arise on the basis of the advertised Services.
3.18. The Operator is not responsible for the misuse of the data published in the offers of Users by third parties, through which personal data are made available in the framework of the performance of the Contract.
SERVICES OFFERED TO CANDIDATES
3.19. A Candidate is a natural person which, using Services provided to the Candidate, seeks a suitable job opportunity. The Candidate should be an expert, aged over 55, who visits the Portal to register and create his own profile, or active job search in the job offer section advertised by Companies, or be available for the Companies looking for employees with specific expertise / qualifications / skills.
3.20. For the proper use of the Services provided to the Candidates their registration on the Portal is required. After submitting a duly completed registration form the Operator has the right to confirm the Candidate's registration by sending a confirming email message to a Candidate's email address along with a password. The Candidate may at any time cancel his registration by sending an email message to the Operator to email address email@example.com containing an expression of his will to cancel his registration.
3.21. A condition for submitting a registration form is an expression of explicit consent with these General terms and conditions by ticking the respective box, the so-called „check box“ and with Personal Data Protection by ticking the respective box, the so-called „check box“.
3.22. Services provided by the Operator to the Candidates which serve as a help to find a suitable job through the Portal are as follows:
a) the possibility of creation of own personal profile in the User profile after successful free registration of a Candidate on the Portal into which the User inserts own data related to his qualifications and work experience;
b) trial free access of the Candidate after his registration on the Portal for 24 hours for unlimited job offers without displaying the contact information of the advertising Company;
a) premium paid monthly or yearly access of the Candidate after his registration on the Portal for unlimited job offers with displaying the contact information of the advertising Company for a fee pursuant to the Pricelist.
3.23. Charging of access of Candidates to the paid Services is considered pursuant to Section 2 (8) of the Consumer Protection Act based on a contract concluded at a distance for providing electronic content not supplied on a physical carrier.
3.24. By confirmation of consent with these General terms and conditions, by creating registration, ordering a paid Service for the price pursuant to the Pricelist and its reimbursement the Candidate expressly agrees with commencement of provision of paid Services also before the lapse of a period for withdrawal of the Contract (14 days from the day of commencement of provision of a service).
SERVICES OFFERED TO COMPANIES
3.25 The Company is an employer who publishes job offers on the Portal and actively searches for experts / managers from the Candidate database or which is promoting itself by displaying the company logo on the Main page / Home page of the Portal.
3.26 For proper use of the Services provided to the Companies the registration on the Portal is required. After submitting a duly completed registration form the Operator has a right to confirm registration of the Company by sending a confirmation email to the stated email address of the Company along with password. The Company may at any time cancel its registration by sending an email message to the Operator’s email address firstname.lastname@example.org containing an expression of its will to cancel its registration.
3.27 A condition for submitting a registration form is an expression of explicit consent with these General terms and conditions by ticking the respective box, the so-called „check box“ and with document Personal Data Protection by ticking the respective box, the so-called „check box“.
3.28 Services provided by the Operator to the Companies which serve as a help to find a suitable Candidate through the Portal are as follows:
a) the possibility of creation of own profile in the User profile after successful registration of a Company on the Portal;
b) trial free access of the Company after its registration for 24 hours for unlimited viewing of Candidate profiles without displaying the contact information of the Candidate;
c) premium paid monthly or yearly access of the Company for unlimited viewing of Candidate profiles with displaying the contact information of the Candidate and for an unlimited insertion of ads with job offers for a fee pursuant to the Pricelist;
d) premium paid monthly or yearly publication of a Company logo on the Portal for a fee pursuant to the Pricelist;
3.29 The Company expressly agrees that in case of use of a paid Service based on which the logo will be published on the Portal the Operator will publish this logo during the term of the Service provision and in a manner described above.
3.30 The Operator allows Companies to have a protected access to a CV database of the Operator. The Company is entitled to use the data obtained from the CV database of the Operator on the Candidates exclusively for the purposes of searching for a suitable employee and for no other purpose.
COMMON PROVISIONS TO CONTRACT BETWEEN USER AND OPERATOR
3.31 Unless the Parties agree otherwise, the Operator will privide Services to the Users for a limited period of time for which the User prepaid Services in case paid Services are concerned. This period of provision of paid Service may be extended for a further period, as long as these Services are ordered by the User. Before the expiration of the period for providing the paid Services the Operator will send to the User a notice on the term of termination of provision of a paid Service along with a proposal for its further prolongation.
3.32 In case the User does not pay the paid Services for further period, the User will loose access to contact data of other Users as at the last day of a provided paid Service. In such case the User profile will be blocked by the Operator on the following day after lapse of a period of a prepaid Service only for own administration by the User without access to paid Services.
3.33. Contractual relationship established by the Contract may end in any of the following ways:
a) by a written agreement of both Parties as at the date agreed in this agreement;
b) by withdrawal of the authorized Party performed in writing or by an email in case that the other Party violates the Contract in a substantial way while as breach of the Contract in a substantial way shall be deemed for example in particular delay of the User with payment of a price for the Service or its part lasting more than 1 month;
c) by the other ways outlined in these General terms and conditions or in applicable legal regulations
IV. PRICE AND PAYMENT CONDITIONS
4.1. Prices for paid Services listed on the Portal are listed including VAT and other taxes or fees. The Operator may increase the price in case that there will be an increase in the price (in particular taxes or fees) due to the execution of the Order from abroad or due to the change of respective legal regulations. Unless otherwise specified below, the "price" of the Service shall be deemed the price including taxes and fees.
4.2. Current prices of paid Services including appurtenances and other items are listed in the Pricelist of the Operator available on its Portal www.plus55.net. The Operator reserves the right to change prices listed in the Pricelist in compliance with these General terms and conditions.
4.3. The User can pay the price in these ways:
(A) by wire transfer to the Operator's Bank account,
(B) by wire transfer via the payment system;
(C) by wire transfer a by a credit card.
4.4. In case of payment of the price via the payment system or by credit a card the price is due immediately after the Order has been executed. In case of payment by wire transfer to the Operator's Bank account the price is due not later than within 14 days from the conclusion of the Contract. In case that the price for the provided Services will be possible to be paid for certain periods (e.g. monthly or quarterly), the price will be due always not later than within 20. day of the calendar month preceding the respective period in which the Services are provided. The Operator does not require from the User an advance payment or another payment of a similar nature; however, this is without prejudice to the right of the Operator to demand payment of the price in advance.
4.5. In case of payment of the price by wire transfer to the Operator's Bank account the User is required to state the variable symbol that is listed in the e-mail of the Operator on the receipt of the Order. The price shall be deemed as paid when the amount is credited to the Operator's Bank cccount. If the User does not pay the price within the due date the Operator shall have a right for withdrawal from the Contract also without an additional call for payment.
4.6. The Operator is not a VAT payer. Tax document (invoice) shall be issued by the Operator to the User after payment of the price and will send it in the electronic form to the email of the User along with the receipt of the Order.
4.7. In the event that the User will be in delay with the payment of the price the Operator may limit or suspend the provision of the Service until the full reimbursement of the price by the User. In case of deactivation of Services according to the previous sentence the Operator will store data in the User profile for 3 years from deactivation of the Services. After the lapse of this time period the Operator may delete all data without the possibility of its renewal.
V. WITHDRAWAL FROM CONTRACT
5.1. The Candidate has a right to withdraw from the Contract without giving a reason in the period within 14 days from the day following the day when the Candidate and the Operator concluded the Contract.
5.2. The Candidate will withdraw from the Contract by a clear and comprehensible statement made in written form or by an email expressing his will to withdraw from the Contract. Withdraw from the Contract in written form must be delivered by the Candidate to the contact address of the Operator. Withdrawal from the Contract performed by email must be delivered by the Candidate to the contact email address of the Operator. To maintain the withdrawal period for withdrawal from this Contract referred to in the previous paragraph it is sufficient if the Candidate in its course, not later than on the last day of the period, sends to the Operator a statement containing information on withdrawal from the Contract. The Candidate may withdraw from the Contract also prior to commencement of the withdrawal period. The Candidate may use the template form to withdraw from the Contract which forms Annex No. 1 of these General terms and conditions.
5.3. Immediately after withdrawal of the Candidate from the Contract, the Services will be deactivated.
5.4. In case of withdrawal of a Candidate from the Contract the Operator is obliged to return to the Candidate all funds received from the Candidate under the Contract, in the same way that the Operator obtained them from the Candidate, not later than within 14 days from the day of delivery of the notice on withdrawal from the Contract. The Operator may return to the Candidate monetary funds in other way if the Candidate agrees with it and if no additional costs incur for the Candidate.
5.5. In case of withdrawal of a Candidate from the Contract within the 14 days from the start of the provision of the Service the Candidate will pay to the Operator a proportion of the agreed price for Services rendered to the date of withdrawal from the Contract. Receivable for payment of the proportion of the price for Services may be unilaterally set-off by the Operator with the receivable of the Candidate for the return of funds received by the Operator from the Candidate as a reimbursement of a price for Services.
5.6. This article of General business terms and conditions applies only to a withdrawal from the Contract by the Candidate pursuant to Section 7 of the Consumer Protection Act for distance contracts; it shall be apply in case of withdrawal of the authorised Party due to the breach of the Contract by the other Party or due to other reasons or in case of withdrawal from the Contract by the Company.
VI. BEHAVIOUR OF USERS
6.1. The User is fully responsible for the content of his own published information including text and photographs. When inserting an offer, the User is obliged to secure that its content will be in compliance with the laws of the Slovak Republic, in particular when inserting the advertisement it is possible to publish photographs owned by the User or such to which the User has all rights settled (including copyrights), the User is obliged to amend the content of his offer in a way so that the User does not interfere into the rights of other Users, does not, in any way, neglect their good name, does not harm national, ethnic or religious feelings and to ensure it will be in compliance with the Act on state language and that the User will not state untruthful, unsubstantiated, incomplete, inaccurate, unclear or ambiguous data.
6.2. The User undertakes that his activity on the Portal and ads inserted by him and published User profiles will be in compliance with General terms and conditions. The Operator is entitled to delete the User profile of the User in case it breaches the General terms and conditions.
6.3. The User is not authorized to use the Portal Services for any purpose contrary to the law or to these General terms and conditions. The User cannot use the Services of the Portal in a manner which could damage, disable, overload, or degrade the functionality of servers operated by the Operator or to disrupt the use of these servers or services of the Operator by other persons. The User cannot obtain in any way or to try to obtain any materials or information concerning the Portal services, which are not (were not) publicly available or provided through the Operator.
VII. CANCELLATION OF REGISTRATION AND USER PROFILE
7.1. The User agrees that the Operator may cancel or arrange for cancelling of his registration and a User profile at any time in compliance with General terms and conditions even without a prior notice. The Operator can do so in particular due to: a) violation of laws and regulations of the Slovak Republic and the European Union by the User; b) violation of these General terms and conditions; c) at the User's own request; d) due to causing damage to the Operator or other User.
VIII. LIABILITY FOR DAMAGE
8.1. The User is aware that he uses the Portal services exclusively at his own risk. The Operator is neither responsible for the activities of the Users of Portal services nor for their manner of using the Portal services.
8.2. The Operator of the Portal is neither liable for the content of published ads nor for any published content by the Users including both text and photographs.
8.3. For the purposes of these General terms and conditions circumstances excluding the Operator's liability mean such exceptional and unavoidable events or circumstances and their immediate consequences which are out of control of the company and which prevent the Operator from, or which will directly affect, a due and entire fulfilment of obligations following from these General terms and conditions. Such events may be in particular, but not limited to, natural disasters, war, sabotage, terrorist actions, blockade, fire, strike, epidemic, subcontractor failure, and alike. The same legal consequences may follow from change of generally binding legal regulations, if it substantially influences the continuation of legal relations regulated by these General terms and conditions and in case there shall not exist an economically viable alternative.
IX. LIABILITY FOR DEFECTS AND CLAIM ORDER
9.1. The Operator is responsible for the fact that the paid Portal Services will be provided duly and timely. In case of occurrence of defects of paid Services, the Operator is obliged to remove such defects without undue delay.
9.2. Information on procedures how to apply and handle claims, complaints and motions are stated in the Claim Order.
9.3. In case of interest for filing a claim, the User is entitled to contact the Operator in writing on the email address email@example.com.
9.4. The claim must contain a specific description of the claimed fact.
9.5. The Operator of the Portal is obliged to examine each claim and in case the claim is justified, the Operator is obliged to take steps to remedy the situation.
9.6. The Operator is also obliged to inform the User on its standpoint to the subject matter of the claim and in case its subject matter will be assessed as relevant, the Operator will inform the User without undue delay on the findings and steps towards its correction and will handle the claim without undue delay, however not later than within 30 days from the delivery of the claim.
X. FINAL PROVISIONS
10.1. Rights and obligations of the Parties not governed by the Contract shall be governed by the laws of the Slovak Republic, in particular by the Consumer Protection Act for distance contracts, Consumer Protection Act, Civil Code, and Commercial Code and by the E-Commerce Act.
10.2. If the contractual relationship established by the Contract contains an international (foreign) element, the Parties agree that the contractual relationship is governed by the legal order of the Slovak Republic. This does not affect the consumer's rights under generally binding regulations.
10.3. If any provision of the Contract, including the General terms and conditions, becomes or will be declared invalid or unenforceable, such invalidity or non-enforcement shall not affect the validity or enforceability of the other provisions of this Contract, respectively of General terms and conditions. In such a case, the Parties undertake without undue delay to replace an invalid or unenforceable provision with valid and enforceable provision in such a way as to achieve to the fullest extent permitted by law the same effect and outcome as that pursued by the replaced provision.
10.4. The Operator is not bound by any codes of conduct v pursuant to Section 2 s) of the Consumer Protection Act.
10.5. Supervision over compliance with the obligations determined by the Consumer Protection Act and Consumer Protection Act for distance contracts performs to a respective extent the Slovak Trade Inspection to which the User may refer with his complaint or motion.
10.6. In case the Candidate is not satisfied with the way the Operator handled his Claim of if the Candidate is of opinion that the Operator breached his rights the Candidate is entitled to turn to the Operator with a request for remedy. If the Operator addresses the request for remedy negatively or ii it not addresses it within 30 days from its sending, the Candidate has the right to make a proposal to open an alternative dispute resolution pursuant to Section 12 of the Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendments to certain laws. The respective authority for alternative dispute resolution of consumer disputes with the Operator is Slovak Trade Inspection (Slovenská obchodná inšpekcia) Prievozská 32, 827 99 Bratislava 27 www.soi.sk or other competent legal person registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the website http://www.mhsr.sk. The Candidate has the right to choose which of these alternative consumer dispute resolution entities to contact. To submit a proposal for an alternative dispute resolution the Candidate may use the online dispute resolution platform, which is available on the website http://ec.europa.eu/consumers/odr/.
10.7. Part of the General terms and conditions are the following annexes, which, along with the General terms and conditions, form and inseparable part of the Contract:
(A) Annex No. 1: Sample form for withdrawal from the contract;
(B) Annex No. 2: Claim Order
(C) Annex No. 3: Personal Data Protection
10.8. These General terms and conditions become effective on May 25, 2018.
10.9. After conclusion of the Contract the Operator is entitled to amend or supplement the wording of these General terms and conditions (including the Pricelist published on www.plus55.net) to a reasonable extent, in particular (but not exclusively) for reasons of a change of personal or proprietary circumstances of the Operator, change of a business strategy of the Operator, change of market conditions and alike. The Operator will inform the User on the change or supplementation of the General terms and conditions by sending a new version of the General terms and conditions to email or by sending an information to email on publication of new General terms and conditions on the website not later than 1 month before the effectiveness of new General terms and conditions. In case the User will not agree with new General terms and conditions the User has a right to terminate the Contract not later than within a calendar month preceding the day of effectiveness of the new General terms and conditions with a notice period ending on the calendar day preceding the day of effectiveness of the new General terms and conditions, but not earlier than as at the last day of the period for which the User prepaid paid Services while until termination of the Contract based on such termination the former General terms and conditions will be valid and effective. This is without prejudice to the rights and obligations that have arisen during the effectiveness of the former wording of General terms and conditions.
Annex No. 1 – Sample form for withdrawal from the contract
(Please fill out this form and send it in a written form or by email if you wish to withdraw from the contract).
Notice on withdrawal from the contract
811 01 Bratislava
Email address: firstname.lastname@example.org
I declare herewith that I withdraw from the contract concluded with plus55 s.r.o. on provision of Services, Order No./Contract No. [please insert].
Name and Surname of the Candidate:
Signature (if the withdrawal is filed in paper form):
In _____________________ On _______________
Annex No. 2 – Claim Order