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General Terms and Conditions for the use of Staffino Web Application

(hereinafter referred to as „Terms“)

STAFFINO s. r. o. with its registered seat at: Volgogradská 84, 080 01 Prešov, ID Number: 47 645 407, registered with the Commercial Register maintained by the District Court Prešov, Section Sro, Insert No. 31750/P (hereinafter referred to as „Provider“) provides collection, analysis and management of data on (i) evaluation of businesses, companies, units, public institutions (hereinafter referred to as „Operations”) and (ii) evaluation of employees or other persons active within an operation (hereinafter referred to as „Employees“), whereas these evaluations are to be provided by independent third parties having a recent experience with the operation and its employees (hereinafter referred to as „Customers”).

These Terms are divided into Part A and Part B; in Part A, basic rights and obligations of customers using the Web Application are set out; Part B sets out commercial terms and relations between the Provider and entrepreneur (or another person) (i) whose operations or employees are evaluated by customers and (ii) who wishes to use the Web Application described in Article 2 of these Terms. By accepting these Terms, the Customer (as specified in Part A) or the Client (as specified in Part B) enter into an agreement with the Provider (hereinafter referred to as „Agreement”).

Positive evaluations of customers are disclosed also to other customers. Through the Web Application, the Client shall have access to all evaluations, both positive and negative.

PART A – THE CUSTOMER

Article 1 – Conclusion of the Agreement**

1.1 This Part A of the Terms represents an agreement on rights and obligations of the Provider and the Customer using the Web Application and upon its acceptance, the Provider and the Customer enter into an agreement.

1.2 The Customer accepts the proposal for the conclusion of this agreement upon (i) the acceptance of these Terms at the web page of the Provider or (ii) clicking on the acceptance link sent by the Provider together with the Terms (or with a link to the Terms) or (iii) first use of log-in details sent by the Provider together with the Terms (or with a link to the Terms).

Article 2 – Subject of the Agreement

2.1 Based on Part A, the subject of the agreement shall be an undertaking of the Provider to grant to the Customer (under the Terms herein) a free of charge, non-exclusive license to use of the Web Application Staffino in a territorially unlimited area, through which the Customer can evaluate operations, products, services or employees of the Provider (hereinafter referred to as “the Web Application“).

2.2 The subject of this Agreement shall also be an undertaking of the Provider to ensure due functioning of the Web Application in such a way that evaluations of the Operations and Employees of the Client are displayed to the Client through the Web Application.

Article 3 – Use of Web Application

3.1 The Customer can access the Web Application through the following:

a) your profile on a social network supported by the Web Application at that moment; b) registration form on the Provider’s web site.

3.2 The Customer declares that they have duly familiarized themselves with the functioning and features of the Web Application and that the license under these Terms is acquired for the Web Application in the conditions as it is.

3.3 Based on this Contract, the Customer is entitled to use any copy of the Web Application free of charge:

a) in a territorially unlimited area; b) throughout the duration of this Agreement; c) for the purposes for which this Web Application is designed, i.e. in particular for those stated in section 2.1 above.

3.4 The Customer declares that they will abstain from using the Web Application in manner or for purposes other than the ones described in these Terms or at Provider’s web site. The Customer undertakes in particular, but not limited to, to refrain from:

a) Web Application reverse analysis, i.e. they must not in any way use knowledge of ideas, processes, structure, algorithm and used methods on the basis of which the Web Application is designed and/or which it contains ; b) circumventing of Web Application’s security systems; c) gaining access to Web Application in a fraudulent manner, or any other manner that represents a breach of generally binding legal regulations; d) gaining access to accounts of other Provider’s clients; e) using the Web Application in a manner different from the one permitted by the Provider save for the cases when the Provider gives an explicit and specific approval or in case the Customer is entitled to act in such manner on the basis of applicable law.

Article 4 – Rights and Obligations of the Customer

4.1 The Customer undertakes not to publish through the Web Application any evaluations, data, pictures or any other content that:

a) breach generally binding legal regulations, ethical norms, good manners or which threaten public order; b) may harm good reputation of the Provider or other persons, c) are misleading or untrue; d) when acting with due care, it is obvious, that their quality and content does not comply with the interests of the Provider, technical requirements of the Provider or the purpose of the Web Application; e) may interfere with the rights and legally protected interests of the Provider and third persons.

4.2 The Provider shall not be liable for evaluations or any other content published in the Web Application by the Customer.

4.3 The Client undertakes that they will neither abuse the log-in details to Web Application nor allow their abuse or access to Web Application or abuse to third persons.

Article 5 – Personal Data

5.1 Details submitted by the Customer in the registration form (Article 3.1 e)) or any other details used in the log-in to Web Application that the Customer agreed to share with third parties through their social network profile shall be processed by the Provider for the following purposes:

a) to allow the use of Web Application in accordance with these Terms; b) to send updates related to the Web Application.

5.2 Personal data processed in accordance with Article 5.1 above shall be published through Web Application. These personal data shall not be disclosed by the Provider to third countries.

5.3 In accordance with Act No. 122/2013 Coll. on personal data protection, as amended, the Customer as the effected party is entitled to demand the following from the Provider:

a) the confirmation of (non)processing of the Customer’s personal data; b) generally understandable information on the processing of personal data in the information system in accordance with Section 15 par. 1 a) to e) the first to the sixth point of the above-mentioned Act; c) generally understandable and exact information on the source used by the Provider to gain the Customer’s personal data for processing; d) generally understandable list of Customer’s personal data that are used for processing; e) revision or deletion of incorrect, incomplete or outdated personal data that are used for processing; f) deletion of the Customer’s personal data which ceased to be processed; g) deletion of the Customer’s personal data used for processing provided that a breach of legislation occurred; h) blocking of the Customer’s personal data due to the withdrawal of consent before its expiration; i) as well as other regulations stipulated in the Act.

5.4 The Customer may withdraw the consent for personal data processing in accordance with Article 5.1 of these Terms by sending a request to the Provider.

Article 6 – Delivery

6.1 Contracting Parties agreed that any notices, legal actions or other information under this Agreement shall be delivered by the Cusomer to the Provider to the address:

STAFFINO s. r. o., Volgogradská 84, 080 01 Prešov, or via e-mail to tomas@staffino.com.

6.2 Contracting Parties agreed that any notices, legal actions or other information under the Agreement or these Terms shall be delivered by the Provider to the Customer to the postal address or e-mail address given by the Customer through the Web Application.

Article 7 – Duration and Termination of the Agreement

7.1 The Agreement is concluded for an indefinite period of time.

7.2 The Agreement can be terminated from the following reasons:

a) upon termination with immediate effect by the Provider or the Customer, even without justification; b) upon mutual agreement of the Provider and the Customer.

7.3 After the termination of the Agreement, the Customer shall no longer be entitled to use the Web Application.

Article 8 – Final provisions

8.1 The Provider shall be entitled to change and amend the Terms at any time. The change of Terms is valid and effective and thus binding for both parties, unless a later date is agreed, on the first working day following after the date when the Customer was delivered the modified Terms or was notified of the change of the Terms with information where they can familiarize themselves with the modified Terms.

8.2 If the Customer disagrees with the change of the Terms, they are entitled to terminate the Agreement with immediate effect before the changed Terms become effective. The use of the Web Application by the Customer after the changed Terms become effective shall be deemed for their agreement with the change of the Terms.

8.3 Contracting parties have agreed that legal relations under this agreement are governed by Slovak law and in case a litigation is opened with regard or on the basis of this Agreement, the right to handle and decide on the litigation will be given to the relevant Slovak court.

PART B – THE CLIENT

Article 1 – Conclusion of the Agreement

1.1 This Part B of these Terms represents an agreement on rights and obligations of the Provider and the Client and upon their acceptance the Provider and the Client enter into an agreement.

1.2 The Client accepts the proposal for conclusion of the Agreement upon (i) acceptance of these Terms at the web page of the Provider or (ii) clicking on the acceptance link sent by the Provider together with the Terms (or with the a link to the Terms) or (iii) first use of log-in details sent by the Provider together with the Terms (or with a link to the Terms).

1.3 If the Provider enters into a written agreement with the Client, these Terms shall form inseparable part thereof.

1.4 If these Terms refer to an agreement, it is always deemed to be a reference to the written agreement (if concluded), these Terms and alternatively specific agreements between the Provider and the Client.

Article 2 – Subject of the Agreement

2.1 The subject of this Agreement shall be an undertaking of the Provider to grant to the Client (under the conditions herein) a non-exclusive license to use the Web Application Staffino, through which the Client may follow evaluations of its operations (number of operations is agreed with the Provider, regardless of the form of such agreement) and evaluations of the employees, publish the pictures of the operations and employees etc. The license is granted for all copies of the Web Application that shall be provided or made accessible to the Client by the Provider.

2.2 The subject of this Agreement shall also be an undertaking of the Provider to ensure due functioning of the Web Application in such a way that evaluations of the operations and employees of the Client is displayed to the Client through the Web Application.

2.3 The Client shall be obliged to pay for services provided by the Provider based on Article 4.

Article 3 – Use of Web Application

3.1 The Client may use the Web Application upon payment of the remuneration, unless parties agreed otherwise.

3.2 The Client declares that they duly familiarized themselves with the functioning and features of the Web Application and that the license under these Terms is provided for the Web Application in the conditions „as it is“.

3.3 Based on this Agreement, the Client shall be entitled to use every copy of the Web Application for remuneration

a) in a territorially unlimited area; b) throughout the duration of this Agreement; c) for purposes for which this Web Application is designed, i.e. in particular, for those stated in section 2.1 above.

3.4 If the Client wishes to extend the services or to add another operation to be evaluated, they may request so via helpdesk (hello@staffino.com).

3.5 The Client declares that they will abstain from using the Web Application in a manner or for purposes other than the ones described in these Terms or at Provider’s web page. The Client undertakes in particular, but not limited to, to refrain from:

a) Web Application reverse analysis, i.e. they must not in any way use knowledge of ideas, processes, structure, algorithm and used methods on the basis of which the Web Application is designed and which it contains, b) circumventing of the Web Application’s security systems; c) gaining access to the Web Application in a fraudulent manner, or in another manner that represents a breach of generally binding legal regulations; d) gaining access to accounts of other Provider’s clients; e) using the Web Application in a manner different from the one permitted by the Provider save for the cases when the Provider gives an explicit and specific approval or in case the Client is entitled to act in such manner on the basis of applicable law.

3.6 The Client acknowledges that evaluation submitted by the Customer shall be generally published through the Web Application within approximately 1-15 minutes.

Article 4 – Price and Payment Conditions

4.1 The Client shall be obliged to duly pay to the Provider a price according to the valid price list accessible at http://staffino.com.

4.2 If the Client does not conclude a written agreement, they shall settle the payments through a bank on-line payment form (i.e. by credit card) or through another automatized system using credit card payment (e.g. Braintree).

4.3 If the Client enters into a written agreement according to section 1.3 above, they shall settle the payment in cash.

4.4 The Contracting Parties may agree on a different method of payment.

4.5 As long as the price list does not state whether the price includes or excludes VAT, it is understood that the prices exclude VAT, i.e. should the Provider be a registered VAT payer, VAT shall be added to the agreed prices according to valid regulations.

Article 5 – Rights and Obligations of the Client

5.1 The Client undertakes not to publish in its profile through the Web Application data or pictures that:

a) breach generally binding legal regulations, ethical norms, good manners or which threaten public order; b) may harm good reputation of the Provider or other persons, c) are misleading or untrue; d) when acting with due care, it is obvious that their quality and content does not comply with the interests of the Provider, technical requirements of the Provider or the purpose of the Web Application; e) may interfere with the rights and legally protected interests of the Provider and third persons.

5.2 The Client undertakes that they will neither abuse the log-in details to Web Application nor allow their abuse or access to Web Application or abuse to third persons.

5.3 The Client shall not be entitled to unilaterally set off any receivables towards the Provider against the Provider’s receivables towards the Client.

Article 6 – Rights and Obligations of the Provider

6.1 The Provider shall, in respect of fulfilment of its duties hereunder:

a) meet their obligations on time and with due care; b) inform the Client, without undue delay, on the impossibility to fix a breakdown or to provide the service - in such case the Contracting Parties agree to negotiate next steps; c) ensure that the Client has access to their data stored through the Web Application on Provider’s servers within 99% of the time during which the Client has a right to use the Web Application; d) secure accessibility of the Web Application within 99% of the time during which the Client has a right to use the Web Application.

6.2 The Provider shall exercise maximum effort to ensure proper functioning of the Web Application as well as other applications and devices which should enable submission of evaluations by customers.

6.3 If the Provider finds out that the data published by the Client are not in line with reality and the Client fails to provide correct data despite the request of the Provider, the Provider is entitled not to publish incorrect data about the Client or they may, at their discretion, correct such data. In addition, the Provider shall have the right to terminate the Agreement.

6.4 If the Client publishes through the Web Application data that breach part 5.1, the Provider shall be entitled remove such data, and alternatively terminate the Agreement.

6.5 The Provider is entitled to the following:

a) interrupt the Client’s access to Web Application at any time if the Client abuses the Web Application or there is a suspicion of such abuse; b) determine the extent of published data about the Client or related to the Client; c) inform the Client on services provided by the Provider in the form of letters, flyers, direct e-mails and other similar forms of written or phone contact; d) set off any receivables that they may have towards the Client, including receivables which are not yet due or which are time barred against any receivables of the Client towards the Provider.

Article 7 – Liability

7.1 The Provider shall make maximum effort in order to remove any defects and ensure full functionality of the Web Application.

7.2 The Provider shall not be liable for non-functionality of the Web Application if this is caused exclusively by circumstances over which the Provider has no control or by entities whose actions are not under the Provider’s influence. To avoid any doubts, effectiveness of provisions regulating circumstances excluding liability is not affected hereby.

7.3 Contracting parties agreed that the maximum total amount of the damages to be indemnified by the Provider shall be limited by the total amount that the Client paid to the Provider based on this Agreement as of the moment of notification of the last damage.

7.4 The Provider shall not bear any liability for the content of evaluations available through the Web Application.

7.5 The Client shall bear full liability for content of the information published by it, in particular that the data are correct and accurate and it shall be obliged to provide data necessary for correction in case that there is a mistake or inaccuracy.

7.6 The Provider shall not be liable for any damages that will incur to the Client as a result of evaluations by the customers or as a result of data published by the Client through the Web Application.

7.7 The Provider shall be liable for the fulfillment of their duties based on this Agreement regardless of whether they fulfill such duties through their employees or their suppliers.

7.8 The Provider shall not be liable for failure to fulfill their obligations or delay with their fulfillment if this is a result of failure to fulfill obligations on part of external suppliers of connections (phone, fax or internet) or as a result of failure of sources of energy or server, regardless of whether these reasons are direct or indirect.

Article 8 – Delivery

8.1 Contracting Parties agreed that any notices, legal actions or other information under this Agreement shall be delivered by the Client to the Provider to the address:

STAFFINO s. r. o., Volgogradská 84, 080 01 Prešov, or via e-mail to tomas@staffino.com.

8.2 Contracting Parties agreed that any notices, legal actions or other information under the Agreement or these Terms shall be delivered by the Provider to the Client to the postal address or e-mail address given by the Customer through the Web Application or in a written agreement.

Article 9 – Duration and Termination of the Agreement

9.1 The agreement shall be concluded for an indefinite period of time

9.2 The agreement can be terminated only from the following reasons:

a) upon expiration of the period for which the Client paid for use of the Web Application; b) upon mutual agreement of the parties in writing; c) upon withdrawal, if permitted by law or agreement; d) by written termination notice by one of the parties; termination period shall last 1 month and it shall start to pass on the last day of the month in which the termination notice was delivered to the other party; e) upon written termination of the Client according to section 11.2

9.3 Regardless of the reasons for termination, the Client shall not be entitled to claim paid remuneration or its part

9.4 The termination or withdrawal shall be taken into account only if they are delivered by mail, courier services or in person.

9.5 Upon termination of the agreement, rights and obligations of the parties that according to generally binding legal regulations and this agreement shall remain valid after the termination of this agreement, shall not cease to exist. To avoid any doubts, this shall include in particular financial claims, claims for indemnification of damages and other claims that, by their nature, shall not cease to be exist after the termination of the agreement.

Article 10 - Personal Data

10.1 The Client hereby declares that they have obtained or will obtain consent with the processing of personal data by the Provider from each of their employees, in order to enable the Provider to process personal data of the employee for the purpose of obtaining evaluations and fulfillment of obligations under this agreement.

10.2 This agreement also presents agreement between the Client (operator) and the Provider (agent) (hereinafter referred to as “Agreement on the processing of PD“) in accordance with Act No. 122/2013 Coll., Data Privacy Act as amended (hereinafter referred to as ”Data Protection Act”).

10.3 The Client declares that when selecting an agent they took into account their qualification and ability under section 8 par. 2 of Data Protection Act.

10.4 The concerned persons are employees of the Client.

10.5 The extent of processing: name, surname, e-mail address, work experience, date of commencement of employment with the Client, pictures and language skills.

10.6 The purpose of processing: gaining feedback from customers, disclosure of positive feedback to third parties, disclosure of any feedback to the Client.

10.7 The Provider will process personal data in accordance with the agreement and generally binding legal regulations.

10.8 The Provider shall be entitled to perform the following processing operations with personal data: storage, transcription, transfer to electronic media, recording, organization, modifying or alternation, insight or disclosure by transfer, publication or other granting of an access, adapting or combination, blocking, deletion or destruction or other operations necessary for the purpose of providing proper functioning of the Web Application.

10.9 The name of the information system: „IS Staff ranking“

10.10 The Provider shall be entitled to process Personal Data through a third person.

10.11 The agreement on the processing of PD lasts throughout the duration of the Agreement. The Provider shall be entitled to process Personal Data from the date of conclusion of the Agreement.

Article 11 - General Provisions

11.1 The Provider shall be entitled to change and amend the Terms at any time. The change of Terms is valid and effective and thus binding for both parties, unless a later date is agreed, on the first working day following after the date when the Client was delivered the modified Terms or was notified of the change of the Terms with information where they can familiarize themselves with the modified Terms.

11.2 If the Client disagrees with the change of the Terms, they are entitled to terminate the Agreement with immediate effect before the changed Terms become effective. The use of the Web Application by the Client after the changed Terms become effective shall be deemed for his Agreement with the change of the Terms.

11.3 The parties have agreed that legal relations under this agreement are governed by Slovak law, in particular by Act no. 513/1991 Coll, Commercial Code as amended, since this is a business relationship. The parties acknowledge that the legislation on consumer protection shall not apply. Contracting parties have agreed that legal relations under this agreement are governed by Slovak law and in case a litigation is opened with regard or on the basis of this Agreement, the right to handle and decide on the litigation will be given to the relevant Slovak court.

11.4 In case of discrepancies between the written agreement pursuant to part 1.3 of these Terms and the price list or any other individual agreement (made e.g. via e-mail), the provisions shall apply as follows:

  1. individual agreement, then
  2. written agreement, then
  3. price list, then
  4. Terms.

11.5 All rules according to the part above shall form the agreement.

11.6 All rights and obligations of the Provider and the Client ensuing from the Agreement shall transfer to their legal successors. The Provider is entitled to transfer rights and obligations ensuing from the Agreement to a third party, while these rights shall belong to such third party to which the rights and obligation were transferred, as well as to its legal successors, and the Client explicitly agrees with this.

11.7 Should any of the provisions of the agreement become invalid or null, this invalidity or nullity shall not affect the other provisions of the Agreement and the Provider shall replace such invalid or null provision by a valid and effective provision, while maintaining the economic and legal purpose and meaning of the disputed provision.

11.8 The Provider and the Client are obliged not to disclose data and information received during mutual cooperation to third parties. The Provider may use data for preparation of various statistics or research.

11.9 The Terms shall become valid and enter into force on November 1, 2015.