1. INTRODUCTORY PROVISIONS
1.1 LMC s.r.o. issues these LMC General Terms and Conditions for Businesses (“GTC”) that regulate the contractual relationships with businesses into which LMC enters in connections with the use of LMC Electronic Systems or the provision of Services to Clients as defined below.
1.2 Any deviating arrangements contained in the Agreement (as defined below) shall take precedence over these GTC.
1.3 The contractual relationship between LMC and the Client is also governed by
(b) Product Terms, as defined below,
(c) Personal Data Processing Policy, as defined below,
(d) Provisions of documents to which these GTC or Product Terms refer, and
(e) Provisions of applicable legal regulations.
1.5 The Client acknowledges the extent of consents to the personal data processing and other requirements arising from the LMC’s status as the controller or processor of personal data. The current version of the standard end-user documentation is available in Privacy Protection Principles.
2. DEFINITIONS OF TERMS USED
2.1 The terms used in these GTC have the following meaning:
(a) LMC Electronic Systems: Websites or other computer programmes (including mobile applications) and related databases provided by LMC to other persons, particularly via the Internet.
(b) Advertisement: a presentation of an offer or a vacancy requested by the Client as a potential employer, which is displayed in LMC Electronic Systems under other terms and conditions stipulated in the Agreement.
(c) Client: A business who concluded an Agreement with LMC. The Client shall also mead the Agent.
(d) LMC: LMC s.r.o., a limited liability company with its registered office at Prague 7, Jankovcova 1569/2c, Postcode 17000, ID No.26441381, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 82484.
(e) Personal Data Processing Policy: the terms and conditions that regulate the rights and obligations of the Parties during the personal data processing in connection with the Agreement.
(f) Response Systems: Client’s electronic systems providing responses to Advertisements.
(g) Product Terms: terms and conditions of Services that regulate other rights and regulations of the Parties in providing the relevant Services.
(h) Service: any LMC service offered and provided within the LMC Electronic Systems or a service provided directly by the LMC representatives or its authorised agents, in particular, any of the services listed in these GTC.
(i) Agreement: an agreement for the provision of Services concluded between LMC and the Client in any form (including paper or electronic orders).
(j) Parties: parties to the Agreement, i.e. LMC and the Client.
(k) GTC: these LMC General Terms and Conditions for Businesses.
(l) Foreign Servers: servers with job offers or vacancies outside the Czech Republic that are not operated by LMC.
(m) Agent: a Client that is looking for job applicants for third parties through the LMC Electronic Systems, e.g. a recruitment agency.
3. OVERVIEW OF LMC SERVICES
3.1 Advertising, Data Processing, Data Evaluation and Other Statistics:
(a) Publication of Advertisements and automated processing of human resources data using the agreed LMC Electronic System,
(b) Arrangement of the automated publication of Advertisements on Foreign Servers, i.e. through the LMC Electronic Systems or through LMC staff arranging cooperation with operators of relevant Foreign Servers. This Service includes the entire process leading to the publication of the Client’s Advertisement on the Foreign Server,
(c) Searching databases of CVs of job applicants maintained by LMC and allowing the Clients to access it and review CVs with the purpose of offering jobs.
(d) Advertising Services on the Internet provided by LMC to the Client, related to the labour market (personnel advertising, personnel consultancy, recruitment of employees) consisting of ensuring the creation, technical implementation and presentation of the advertising space in the LMC Electronic Systems in favour of the Client or persons designated by the Client,
(e) Other Services related to labour market prospects.
3.2 Educational Services:
(a) Providing or arranging on-line educational training through the LMC Electronic Systems,
(b) Providing or arranging other educational services in human resources and other areas according to the requirements of LMC Clients,
3.3 Consultancy Services: human resources consultancy and other Services related to labour market consultancy, or similar Services if agreed by LMC and the Client in the Agreement.
3.4 Intermediation Services: intermediation Services as agreed between LMC and the Client.
4. LIABILITY FOR THE CONTENT OF PRESENTED INFORMATION
4.1 Through the LMC Electronic Systems, Clients are obliged to present:
(a) Only such information that does not cause any harm to third parties and LMC, and
(b) Clear and sufficiently specific information that, in particular, does not give rise to a false impression of the nature of those persons or jobs being offered and demanded.
4.2 The Client that has stored the presented information in the LMC Electronic Systems shall be responsible for the content thereof. The Client hereby expressly agrees that LMC will retain information on data entry in the Electronic Systems enabling unambiguous identification of a specific Client.
4.3 Information obtained in accordance with the Agreement can be used by LMC to resolve any dispute with the Client resulting from the disclosure of false information or to prevent the use of LMC Electronic Systems by the Client that has disclosed information contrary to these Terms.
4.4 The data provided to LMC in relation to the Agreement may be publicly available.
5. HANDLING OF PRESENTED INFORMATION
5.1 LMC is not obliged to provide Services if:
(a) Services contain information that is in conflict with laws of the Czech Republic, general ethical rules, public order or accepted principles of morality,
(b) Services contain sexually suggestive information as well as job offers or part-time jobs that involve sexual services,
(c) The mediation of jobs by the Client is subject to the payment of a manipulation fee,
(d) The Advertisements offer jobs involving multi-level-marketing (MLM),
(e) The Advertisements contain general and commercial information on the Client’s products of advertising character (e.g. “we offer au-pairs”, “let the Internet make money for you”, or “I will do it for remuneration” etc.).
(f) There are more jobs, part-time jobs, Clients or other potential employers mentioned in one Advertisement; if this article is breached, LMC is entitled to be paid the full price of another Advertisement for each additional job offer mentioned in the text of the Advertisement; if the Advertisement is published based on a subscription, LMC is entitled to take the full number of credits for which the original job offer would be published as separate Advertisements,
(g) The information is presented contrary to the practices and regulations for filling input forms (e.g. using asterisks, underscores and other special characters in the job title),
(h) Information and CVs of third parties are presented without their knowledge,
(i) The information may damage the reputation of LMC and other natural or legal entities,
(j) The presentation contains a direct Internet link to Client’s jobs or links to forms requiring registration and advertising communications inviting people to registration.
5.2 LMC is entitled to review the content of information according to Article 4 and 5 of GTC. LMC is entitled to notify the Client of the discrepancy between the Client’s conduct and the Agreement and request an immediate remedy, or to remove such information from the LMC Electronic Systems without having to obtain the Client’s consent or to notify the Client in advance. In this case, LMC is entitled to terminate the provision of Services to the Client and terminate such Agreement without notice.
5.3 LMC hereby explicitly reserves its right to review the Response Systems in the course of providing the Services. LMC also reserves its right to prevent the use of the Response Systems that are in any way confusing or complicated for the applicants interested in offered jobs or may give the applicants a negative impression of LMC services. LMC shall inform the Client whose Response System is involved about such prevention in advance.
5.4 The Client acknowledges that in the course of the provision of the Advertisement Service on Foreign Servers, LMC is not responsible for displaying changes of entered information on Foreign Servers. For this Service, no subsequent text editing is guaranteed.
5.5 If the Client wants to use “pay per click” systems, it may index its advertisements on domains owned or managed by LMC only with the prior consent of LMC. LMC is entitled to refuse to provide such consent if the advertisement would in any way prevent LMC from using the “pay per click” system on the domain owned or managed by LMC (e.g. because the system in question does not allow more than one advertisement per domain etc.). If the Client breaches this obligation, LMC is entitled to terminate the Agreement without notice and claim damages in full.
5.6 In the case of providing the Service of searching the CV databases, the Client is not entitled to use any systems that allow automated data processing to search the database, as it burdens the LMC Electronic Systems excessively. The use of any system allowing automated data processing when searching LMC databases (including CV databases) constitutes a material breach of the Agreement.
5.7 LMC reserves its right to prevent the use of LMC Electronic Systems by the Client that has repeatedly and substantially breached the Agreement by all available technical and legal means.
5.8 In the course of the provision of the Service, the Client is not entitled to change data published in the text and title of the Advertisement to the extent that it would change the job offered. LMC is entitled to assess whether the modifications of data change the job, and if so, LMC is entitled to refuse the Client’s request to change the data, or to demand the full price for another Advertisement for each such change; if the Advertisement is published based on a subscription, LMC is entitled to take the full number of credits for each change of the Advertisement for which the original job offer was published.
6. SUBMISSION OF MATERIALS AND STARTING DATE OF SERVICES
6.1 Clients are required to submit materials to LMC at their own expenses and at their own responsibility. Information related to automated data processing in the field of human resources is accepted electronically through the LMC Electronic Systems, unless agreed otherwise.
6.2 If the LMC Electronic Systems are used to enter the data, this information is displayed in the public sections of the LMC Electronic Systems within two (2) hours after the data have been properly sent. However, if the Client uses the authorised parts of the LMC Electronic Systems for the first time (i.e. through the new Client’s registration), the information is displayed in the LMC Electronic Systems after the new Client’s registration is verified, but no later than three (3) business days after the data have been properly sent and accepted. If the materials for personnel Services are submitted in any other way, e.g. electronically, LMC guarantees their publication within the pre-agreed period depending on the form and properties of the materials, but no later than ten (10) business days after the materials have been properly submitted, unless agreed otherwise. In the case of mediation of advertising on Foreign Servers, the advertisement is published in the home country of the Foreign Server within three (3) business days of the order.
6.3 The rules for submitting materials to create a graphic design of presentation of job vacancies of the Client or other graphic materials of the Client needed to use LMC Services shall be governed by the Terms for Creating Carreer Pages and Company Profile.
6.4 In the context of the provision of its Services, LMC reserves its right to refuse the Client’s commercial communication if its form does not comply with the standards of appropriate aesthetic quality that can be reasonably required with regard to the processing of LMC Electronic Systems, particularly when it comes to banners (or other graphic ads) presented on the home page of any LMC Electronic System.
6.5 If the Client is in delay with submitting the materials or accepting these documents, the Client shall pay all additional costs associated with the processing of the materials in a shorter period of time.
6.6 Unless agreed otherwise, LMC guarantees that the Service will be provided within three (3) business days of the day following the receipt of all materials for Services defined in Article 3.1 of GTC. If the Client is in delay with submitting the materials, the deadline by which LMC is obliged to start providing the Service shall be extended by the number of days of the delay. LMC reserves its right to change the publication deadline if the materials are provided in non-standard formats or otherwise contrary to the Agreement.
6.7 In the case of consultancy Services, the starting date of the provision of Services by LMC will be indicated in a separate order or agreed in the Agreement.
6.8 If required by the relevant LMC Electronic System, the Client is obliged to register with the relevant LMC Electronic Systems before LMC starts to provide the Service. The Client may create additional user accounts, unless these GTC provide otherwise.
6.9 In the relevant LMC Electronic System, the Client is entitled to dynamically manage and advertise individual job offers for the entire duration of the contractual relationship with LMC as made available by LMC in the LMC Electronic System.
6.10 LMC will present each offer through the Service for the agreed period of time. LMC shall display the job no later than two (2) hours after the Client enters the job in the LMC Electronic System.
6.11 The Client shall use the Services solely for its own needs.
7. MEDIATION OF SALE OF LMC SERVICES
7.1 If the Services are used by an Agent, then the Agent:
(a) Shall use the LMC Services solely for its own needs and to satisfy the needs of its clients;
(b) May not mediate the Services in its own name;
(c) May not provide third parties with direct sale of advertisements in its own name or on its own account through LMC Electronic Systems, in particular, the Agent may not contact third parties in order to ensure the publication of job offers of these third parties through LMC Electronic Systems;
(d) Is entitled to contact third parties for the purpose of seeking applicants among these third parties;
(e) Is entitled to use any LMC trademark only with the prior written consent of LMC.
7.2 Job offers from Agents may be marked and presented to the users as mediated by the Agents in LMC Electronic Systems. Whether an entity is considered an Agent shall be decided exclusively by LMC.
7.3 Any breach of any provision of this Article of GTC by the Client shall constitute a material breach of the Agreement.
8. USING LMC ELECTRONIC SYSTEMS
8.1 The access to the Client’s account/accounts in LMC Electronic Systems is protected by login data.
8.2 The Client shall not:
(a) Process data in LMC Electronic Systems in an automated way, or to exploit LMC databases in a similar way beyond the scope necessary to fulfil the purpose of the Agreement,
(b) Attempt to access parts of LMC Electronic Systems to which it was not explicitly granted access by LMC,
(c) Use LMC Electronic Systems in a way that is contrary to the purpose of the Agreement.
8.3 The Client shall:
(a) Inform LMC about all security deficiencies of LMC Electronic Systems detected when using the systems,
(b) Refrain from publishing the security deficiencies for at least ninety (90) days of the notification to LMC.
8.4 The Client shall also:
(a) Set up a separate user account in the LMC Electronic Systems for each employee and set unique login details for each account;
(b) Prevent any sharing of login details among the Client’s employees or with third parties;
(c) Protect the login details, and
(d) Prevent the misuse of the login details.
8.5 The Client shall immediately notify LMC of any unauthorised use of login details or misuse of such details. LMC is not liable for any misuse of the Client’s login details or for any damage and claims of third parties arising from the breach of the above-mentioned obligations of the Client.
9.1 The Parties undertake to keep the content of confidential information. Confidential information shall mean any information and data that the Parties obtain in direct or indirect relation to the negotiation regarding mutual cooperation, in particular, all data, drawings, films, documents, computer media, business and payment terms, graphic designs and information of all kinds and forms, tangible and intangible, which are mutually provided by the Parties in writing or orally within the presentation or otherwise for the purpose of mutual cooperation. Confidential information shall also mean all information on applicants, clients, know-how and other matters of the Parties that are not publicly available and known and are subject to business secrecy. Any press release or public announcement regarding the mutual cooperation shall be subject to the prior written approval of LMC.
9.2 The Parties undertake not to disclose such confidential information to any third party and to take measures to prevent third parties from having access to such information. The provisions of the previous sentence shall not apply to confidential information:
(a) to the publication of which is LMC entitled or obliged in connection with the Agreement;
(b) which has been a matter of public domain as of the date of the disclosure thereof;
(c) which has become or will become publicly known or available otherwise than through the breach of the obligations of either of the Parties, their employees, advisers or consultants resulting from this Contract;
(d) which has been disclosed based on an obligation resulting from the generally binding legal regulations or a final decision of courts or public authorities (e.g. Police of the Czech Republic);
(e) to the disclosure of which the relevant Party gave its express consent to the other Party.
9.3 The confidentiality obligations shall persist regardless of the duration of the Agreement.
9.4 LMC hereby undertakes not to disclose any confidential information related to the Client beyond the provisions on confidentiality in this Article 9.1 of GTC and collect, gather, keep, disseminate, make available, process or use any confidential information, or combine the same with other information, in any manner without legal title or contrary to the Client’s directions. LMC undertakes to forward to the Client without undue delay any confidential information LMC may come into contact with beyond his regular work for the Client, and, in the period LMC handles the confidential information, to ensure that the same is sufficiently protected against any loss, theft, destruction, unauthorised access or accidental or other damage or other unauthorised use or processing.
9.5 If confidential information related to the Client needs to be disclosed to a third party, LMC undertakes to ensure that the third party will be bound by the confidentiality obligations to the same extent as LMC.
9.6 LMC shall observe common security standards in respect of computer virus risks and computer network protection. LMC acknowledges its obligation to comply with all legal obligations related to data protection and business secrecy.
10.1 LMC accepts orders from its Clients based on which it provides the Clients with Services. A duly completed order shall be considered a draft Agreement which becomes binding at the moment of its delivery to LMC.
10.2 The Client sends its orders for LMC Services primarily by completing and sending an electronic order form that is available in LMC Electronic Systems. A binding order may also be sent by other means allowed by LMC, e.g. by e-mail, mail or phone.
10.3 LMC reserves its right to refuse the order within three (3) business days of its receipt if:
(a) it was placed by the Client that has previously breached its obligations arising from GTC or the Agreement;
(b) the execution of such order would be in conflict with the LMC policy;
(c) the execution of such order would be in conflict with the principles of fair business practice, accepted principles of morality or public order.
10.4 If LMC does not refuse the order pursuant to Article 10.3 of GTC, it will start providing the Services according to the information specified in the order. The provision of the Service shall start without undue delay, unless the order indicates a later starting date.
10.5 The Agreement is concluded:
(a) by entering into a written Agreement if agreed by the Parties or if required by LMC;
(b) by confirming the Client’s order, if the Client expressly requested such confirmation;
(c) implicitly at the moment of commencement of the provision of Services in accordance with the Client’s order and other binding documents constituting the content of the Agreement.
10.6 By entering into the Agreement, the Client agrees:
(a) with the deadlines and other terms of the provision of Services under the Agreement (graphic formats, ways of submitting materials etc.);
(b) with the limitations resulting from the technical possibility of the Internet and LMC Electronic Systems environment;
(c) with the content of the Agreement, in particular with the GTC and Product Terms of the relevant Service.
11. PRICE FOR SERVICES, INVOICING
11.1 LMC allows access to LMC Electronic Systems and Services in return for a payment, some parts of these LMC Electronic Systems and Services may be accessed free of charge.
11.2 For the Services provided, the Client shall pay LMC the price according to the LMC price list for Services valid as of the receipt of the order by LMC. If allowed by LMC, the Price may also be settled by credits in accordance with Terms of credit advertising subscription – Benefit.
11.3 The price shall be due based on the tax document (invoice). In accordance with Act No. 235/2004 Sb., on value-added tax, as amended, LMC shall issue an invoice for the Client within fifteen (15) day of the date of conclusion of the Agreement. The invoice is payable on the fourteenth (14th) day of the invoice date, unless the Parties demonstrably agreed otherwise.
11.4 In the case of the provision of the Service, the taxable supply shall be deemed rendered on the day of the provision or the day on which a tax document is issued, with the exception of instalment or payment schedule, or a payment receipt, whichever may be earlier. For the purposes of determining the date of taxable supply pursuant to Section 21 (3) of Act No. 235/2004 Sb., on value-added tax, as amended, the Services specified in Article 3.1 of the GTC shall be deemed provided on the first day of their provision by LMC.
11.5 The Client is not entitled to a refund of the price paid or a discount on the price if the Client does not use the ordered Services or for reasons not exclusively attributable to LMC.
11.6 LMC reserves its right to make the commencement of the provision of Services a subject to the payment of a deposit in a specified amount and in a specified manner.
11.7 If the Client is in default with the payments of the price or any part thereof for more than fourteen (14) calendar days, LMC shall be entitled to interrupt the provision of the Services until the price is fully paid by the Client. The provision of Services will be resumed immediately after crediting the amount due to the LMC account. The Client is not entitled to an extension of the duration of the provision of the Services by the period for which the provision of the Services was suspended, and is not entitled to any discount or other reduction in the agreed price for the Services.
11.8 The Client agrees that tax documents (invoices) will be issued electronically.
11.9 If the agreed period of the provision of Services during which Advertisements were published expires or another Service has been agreed, the presentation of all active jobs shall also expire on the last day of this period, regardless of the time for which the jobs were offered, and the Client shall have no claim due to the early termination. If the Parties agree to extend their cooperation by another year (a new Agreement is concluded), the relevant Advertisements will be published for the entire period for which they were originally posted.
12. TERMINATION OF AGREEMENT AND SANCTIONS
12.1 The Agreement between the client and LMC may be terminated:
(a) upon the expiry of the period for which the Agreement was concluded, if such period is specified in the order or the Agreement;
(b) by the withdrawal from the Agreement in accordance with Article 13 of the GTC;
(c) by agreement of LMC and the Client.
12.2 If the Agreement is terminated due to the withdrawal of LMC from the Agreement pursuant to Article 13.1(b) of the GTC, LMC is entitled to charge the so-called engaging fee of 1% of the price already invoiced under the terminated Agreement if a new Agreement is concluded with the same Client.
12.3 If the Client is in default with the payment of the price for Services, LMC is entitled to charge the Client the statutory default interest on the outstanding amount.
12.4 The obligation to pay sanctions shall be without prejudice to the obligation to compensate for damage in full.
12.5 Even after the termination of the Agreement, LMC is obliged to meet its obligations arising from the relevant legal regulations governing the obligations related to personal data protection, particularly to prevent any unauthorised use of personal data until they are transferred to the Client or a third party designated by the Client according to the Client’s instructions, or until the date are safely disposed of.
12.6 Upon the termination of the contractual relationship established under the Agreement, LMC is obliged to terminate the personal data processing, except for the acts that are necessary to comply with the applicable legal regulations governing the obligations related to personal data protection.
13. WITHDRAWAL FROM THE AGREEMENT
13.1 LMC is entitled to withdraw from the Agreement if:
(a) the materials provided by the Client are in conflict with legal regulations, good morals, public order etc. (particularly if they promote violence, racism, discrimination against certain population groups etc.),
(b) the Client is in default with the payment of any of its debts to LMC; the Parties expressly agree that LMC is entitled to withdraw from the Agreement even if the Client is in default with the payment of its debt arising under another agreement,
(c) the Client damages the reputation of LMC and its trademarks,
(d) the Client demands the presentation of information in LMC Electronic Systems that are contrary to Article 5.1 of the GTC,
(e) LMC finds defects in the Client’s Response Systems pursuant to Article 5.3 of the GTC,
(f) LMC learns that the Client acts contrary to Article 5.6 of the GTC,
(g) the Client substantially breaches the Agreement.
13.2 The Client is entitled to withdraw from the Agreement only in the case of a material breach of the obligations by LMC. A material breach shall, in particular, mean a breach of LMC obligations due to which the provisions of Services by LMC is demonstrably completely suspended for more than ten (10) consecutive business days in full, except where the suspension is due to force majeure.
13.3 The withdrawal from the Agreement shall only have future effects.
14.1 In the event of a defective performance by LMC, the Parties agree that LMC:
(a) will compensate the Client by substitute performance of other Services at the corresponding value, or
(b) provide other substitute performance as agreed by the Parties.
14.2 LMC is not liable for any damage caused by force majeure or defects outside LMC’s equipment. Force majeure is deemed to mean a temporary or permanent, extraordinary, unforeseeable and insurmountable obstacle arising independently of LMC’s will. In the event of force majeure on the part of LMC, LMC shall notify the Client of the situation and its cause without undue delay. Unless agreed otherwise, LMC will continue to fulfil its obligations arising from the contractual relationship to the extent of its best abilities and capabilities, even through available alternative means to meet its contractual obligations.
14.3 The liability of LMC for damage due to technical and software equipment of LMC in connection with the concluded Agreement shall be limited to the amount paid by the Client for the Services under the Agreement. LMC is not obliged to compensate the Client for damage that could not be anticipated at the time of the conclusion of the Agreement.
15. COPYRIGHT AND TRADEMARKS
15.1 The Client is obliged to obtain licences for the use of all works presented in the published information, slogans, audio-visual recordings or ads that will be used in connection with the provision of the Services by LMC, and is also obliged to pay remuneration for these licences and all associated costs. LMC is not liable for the breach of copyright by the Client or due to the publication of materials provided by the Client. If any damage is incurred toLMC in relation to the breach of this provision by the Client, the Client shall compensate LMC for the damage after LMC invites the Client to do so, without undue delay
15.2 The Client is not entitled to use LMC Electronic Systems or parts thereof otherwise than for its own (internal) use, it is particularly prohibited to spread and copy them or otherwise technically process them without the demonstrable consent of LMC. The Clients are also prohibited from tampering in any way with the technical means or contents of the websites.
15.3 Uploading, saving or printing materials stored in LMC Electronic Systems is only allowed for its own private (internal) purposes, and the materials thus obtained shall not be further distributed in any way. Any other mechanical or electronic reproduction or modification without the prior written consent of LMC is prohibited.
16. GOVERNING LAW, AGREEMENT ON JURISDICTION
16.1 The Parties agree that their legal relationship shall be governed by the law of the Czech Republic.
16.2 The Parties hereby agree that any conflicts between them shall be subjected to the exclusive jurisdiction of the courts of the Czech Republic, and the court of local jurisdiction shall be the general court of LMC or the regional court in the region where the general court of LMC is located.
17. FINAL PROVISIONS
17.1 LMC is entitled to unilaterally amend or supplement these GTC and Product Terms, as well as other contractual terms contained in the Agreement, to the appropriate extent if there is a reasonable need to amend them. In this case, LMC is obliged to inform the Client about the effective date of the new terms affected by the amendment and notify the Client of these new terms affected by the amendment well in advance, but no later than within seven (7) business days, in an appropriate manner (primarily, but not exclusively, via e-mail or LMC Electronic Systems used by the Client). The appropriate extent shall mean the change to any of the provisions of the GTC or Product terms, as well as other documents to which these GTC refer.
17.2 If the Client does not agree with the terms announced by LMC pursuant to Article 17.1 of the GTC, the Client is entitled to terminate the Agreement by delivering a disagreement within fifteen (15) days of the receipt of the LMC notification. In this case, the Agreement will be terminated on the effective date of the new terms affected by the amendment, or on the date on which the Client’s disagreement is delivered to LMC, whichever comes first.
17.3 The terms of Articles 17.1 and 17.2 shall apply mutatis mutandis to objections to the authorisation of Another Processor, as this term is used in the Terms of Personal Data Processing. Contrary to Article 17.2 and beyond the provisions of the Terms of Personal Data Processing, (i) notifications are made in accordance with the Terms of Personal Data Processing, and (ii) the Client is obliged to communicate any objection immediately, but no later than within five (5) business days of the respective notification. LMC will assess the Client’s objections, and if they are legitimate, LMC will take appropriate measures in relation to such Another Processor. If LMC takes measures and the Client does not raise objections against these measures within five (5) business days of the notice of such measures, the Agreement shall be still in force and effect under the newly notified terms. If the Client expresses its disagreement with the measures taken within the deadline specified in the previous sentence, the Agreement will be terminated on the date on which such notice is delivered to LMC. The provisions of this Article 17.3 shall not apply to Other Processors that are individuals working with LMC.
17.4 These GTC are valid and effective from 24 April 2018. For Clients who concluded an Agreement with LMC prior to the effective date of these GTC, these GTC shall apply upon expiry of the 30 day term from the notification of a change of these GTC.
ANNEX 1 – SPECIAL SECTION OF THE LMC GENERAL TERMS AND CONDITIONS FOR BUSINESSES (POLAND)
LMC on the territory of Poland
Jankovcova 1569/2c, 17000 Praga, Republika Czeska, NIP: 5263201951,
działająca poprzez oddział w Polsce LMC s.r.o. (spółka z ograniczoną odpowiedzialnością)
Oddział w Polsce, przy ul. Przeskok 2, 00-032 Warszawa, Polska,
wpisany do rejestru przedsiębiorców prowadzonego przez Sąd Rejonowy dla m.st. Warszawy w Warszawie, XII Wydział
Gospodarczy KRS pod numerem KRS 0000714275
Special provisions for Poland
If LMC and the Client enter into the Agreement with the place of performance on the territory of Poland, the GTC shall fully apply, with the exception of the following provisions:
– The provisions of Article 2.1(l)] shall be replaced with the following provisions:
Foreign Servers: servers with job offers or vacancies outside Poland that are not operated by LMC.
– The provisions of Article 6.3 do not apply.
– The provisions of Article 9.2(d) shall be replaced with the following provisions:
which has been disclosed based on an obligation resulting from the generally binding legal regulations or a final decision of courts or public authorities (e.g. Police or prosecutor office);
– The second sentence of Article 11.2 does not apply.
– The provisions of Article 11.3 shall be replaced with the following provisions:
The price shall be due based on the tax document (invoice) including VAT tak in accordance with the binding law. LMC shall issue an invoice for the Client within fifteen (15) day of the date of conclusion of the Agreement. The invoice is payable on the fourteenth (14th) day of the invoice date, unless the Parties demonstrably agreed otherwise.
– The provisions of Article 11.4 do not apply.
– The provisions of Article 16.1 shall be replaced with the following provisions:
The Parties agree that their legal relationship shall be governed by the laws of Poland.
– The provisions of Article 16.2 shall be replaced with the following provisions:
The Parties hereby agree that any conflicts between them shall be subjected to the exclusive jurisdiction of the courts of Poland, and the competent court shall be the court of local jurisdiction for LMC branch in Poland.