General Terms and Conditions of LMC s.r.o., for the Provision of the Salary Analysis on the Website www.platy.cz
1. General Provisions
1.1 The Company LMC s.r.o. (Ltd), with registered office at 180 00 Praha 8, Menclova 2538/2, Libeň, IČO (Identification Number of Organisation) 264 41 381, recorded in the Commercial Register of District Court Praha, C 183157 (hereinafter referred to as the "Operator"), is the operator of the website www.platy.sk (hereinafter referred to as the "Website") and the provider of online salary analyses (hereinafter referred to as the "Salary Analysis") on the Website.
1.2 The Operator issues the following General Terms and Conditions (hereinafter referred to as the "GTC") governing the rights and obligations of the Operator and the Orderer in the provision and use of the Salary Analysis. The GTC are an integral part of the contract concluded by the Operator and the Orderer, whereas the contractual relationship between the Operator and the Orderer is established by the confirmation of the order for the Salary Analysis by the Operator.
1.3 The Salary Analysis (and its output) is intended solely for informing the Orderer in connection with its activities and for its own purposes. The Orderer is not entitled to distribute the data gained by using the Salary Analysis to third parties, whether for payment or not, nor to use it for other purposes or to enable its use for other purposes to another party. Without the prior written consent of the Operator, the Orderer is not entitled to place the Salary Analysis output on the Orderer's websites or in its publications nor to copy or reproduce the Salary Analysis output in any other way, especially for the purpose of marketing the Orderer's products and services. The Operator is entitled to withhold consent under the preceding sentence, especially if, in its reasonable opinion, it could damage its reputation.
2. Conditions Governing the Provision of the Salary Analysis to Natural Persons - Non-Entrepreneurs on the Website
2.1 The Website visitors can order the Salary Analysis in a simple way, with regard to the specified job and region, by completing a short online form.
2.2 Before confirming the order, the Website visitor must state its e-mail. The Website visitor confirms its order by clicking the "Order" button.
2.3 The Salary Analysis is provided for payment in advance. Once the ordered Salary Analysis is paid for, the Salary Analysis will be delivered to the e-mail address specified by the Orderer.
2.4 After confirming the order, the Orderer has the option to pay the price of the Salary Analysis by one of the following methods: TrustPay, PayPal, payment by text message via AirToy.
2.5 The Salary Analysis is provided under the above conditions solely to natural persons - non-entrepreneurs. The tax certificate is issued in accordance with the Act No. 235/2004 Coll. on the Value Added Tax, as amended, on the Orderer's demand.
2.6 The Operator is not responsible for any direct or indirect damages caused by using the Salary Analysis output. The Operator will make increased efforts to ensure that the Salary Analysis output is processed on the basis of reliable, correct, and representative data; however, that does not guarantee absolute accuracy and completeness of the Salary Analysis. The Salary Analysis is purely statistical in nature.
3. Conditions governing the Provision of the Salary Analysis to Legal Persons - Entrepreneurs on the Website
3.1 To use any of the services, the Orderer is required to register on the Website. The registration takes place when ordering the Salary Analysis, by completing the order form. By completing the order form, the Orderer creates its own online account protected by a unique username and password; the login password is sent to the e-mail address specified by the Orderer. The Orderer is obliged to protect its username and password from misuse and not to disclose them to third parties.
3.2 Any further Salary Analyses of the Operator can be ordered via the online account, in exceptional cases on the basis of a written (letter, e-mail) or telephone order from the Orderer.
3.3 The order must contain at least:
(a) Business name and/or legal form of the Orderer,
(b) Billing address or also the postal address of the Orderer,
(c) Company Registration Number, Tax Identification Number and/or VAT Identification Number of the Orderer,
(d) The Orderer's contact information (phone number, fax, e-mail),
(e) Type of service ordered.
3.4 After submitting the order, an order confirmation is sent to the Orderer's contact e-mail address (order acceptance). An order confirmed by the Operator is binding and may be amended only based on the mutual consent of the contractual parties. The Operator is entitled to condition the order amendment with an administrative fee.
3.5 The price of the Salary Analysis is determined according to the valid price list published on the Website on the day of ordering the Salary Analysis.
3.6 An invoice (tax document) is usually issued by the Operator after providing the Salary Analysis to the Orderer. The invoice will be due in 14 days after the date of issue, unless otherwise agreed in the Contract. In justified cases, the Operator is entitled to provide the ordered Salary Analysis only after the payment of the price of the ordered Salary Analysis; the Operator will inform the Orderer of this fact beforehand.
3.7 The Orderer is obliged to pay the price of the ordered Salary Analysis duly and on time, by a wire transfer to the Operator's bank account specified in the invoice. The Orderer is also entitled to pay the invoice by means of one of the online payment systems available on the Website (TrustPay, CardPay, PayPal).
3.8 In the event of the Orderer's delay in payment, the Operator is entitled to charge interest on overdue payment of 0.1% of the outstanding amount for each day of delay; the Operator is also entitled to temporarily, until the settlement of the invoiced amount, suspend the further provision of services. In the event of the Orderer's delay exceeding 30 days, the Operator is entitled to mandate the claim in question to a collection agency cooperating with the Operator. The cost of the claim collection will be included in the Operator's claim.
3.9 Objections to issued invoices that would result in a restriction of the Operator's right to a claim towards the Orderer must be enforced by the Orderer in writing to the Operator within 7 days from the date on which the invoice was received.
3.10 The Operator will refund amounts of money to the Orderer only if such individually exceed 15 Kč.
4. Joint Provisions
4.1 The Operator is not responsible for any direct or indirect damages caused by using the Salary Analysis output. The Operator will make increased efforts to ensure that the Salary Analysis output is processed on the basis of reliable, correct, and representative data; however, that does not guarantee absolute accuracy and completeness of the Salary Analysis. The Salary Analysis is purely statistical in nature.
4.2 The Operator is not responsible for any misuse of the username and password by unauthorised persons nor for any consequential damages or any claims of third parties caused by such abuse.
4.3 The Orderer acknowledges that the Salary Analysis (or its output) is a work of authorship and is protected under the ACT NO. 121/2000 Call. Copyright Act or other similar laws in force abroad. The Operator holds a valid license or other consents from the parties concerned (authors or parties exercising the property rights of the author) to use such works of authorship, or is directly the party authorised to exercise property rights of the author in accordance with the Copyright Act, i.e. to give consent for any further use of such works. The Orderer acknowledges that part of the Salary Analysis output can be a database created by the Operator or another person that is subject to copyright and is protected by the Copyright Act.
4.4 The Ordere agrees that the Operator will publish the business name, logo (or trademark) of the Customer as a reference on the Website.
4.5 The Orderer of the Salary Analysis is entitled to claim an error that has occurred on the part of the Operator. Due to the statistical nature of the Salary Analysis, the Orderer is not entitled to claim the content of the Salary Analysis output. The period for lodging a claim is no later than 14 days from the date when the Orderer found or could find the error. The Orderer may lodge the claim in writing by sending a letter to the Operator's address, or by e-mail to [email protected].
4.6 In accordance with the Act No. 480/2004 Coll. on certain services of the information society and on the amendment of certain laws (Act on certain services of the information society) as amended, the Orderer agrees to the use of its electronic contact information for direct marketing purposes relating to the goods or services of the Operator and its business partners
4.7 The Operator reserves the right to amend and supplement the GTC while informing the Orderer immediately by publishing the changes on the Website and specifying the date from which the changes take effect. The original GTC expire when the new GTC come into force.
4.8 All relations that are not stipulated in the Contract and/or the GTC are governed by the laws of the Czech Republic.
4.9 Divergent provisions of the Contract will prevail over the GTC. The scope of the GTC or parts thereof may be excluded only with a written agreement of the contractual parties to the Contract.
4.10 These General Terms and Conditions enter into force on 01.01.2023