Terms & Conditions

General Terms and Conditions

 

  1. General Provisions

 

The company Top Results s.r.o., with registered office at Bajkalsk√° 22, 821 01 Bratislava, Company Registration Number 47614943, registered in the Commercial Register of the District Court Bratislava 1, Section: Sro, File no.: 96311/B (hereinafter referred to as "Operator"), is the operator of the website www.TopHeads.me (hereinafter referred to as "Website") and the provider of services on the Website.

The operator issues the following General Terms and Conditions of Top Results s.r.o (hereinafter referred to as "GTC") governing the rights and obligations of the Operator and third parties in the provision and use of services of the Operator. The GTC are an integral part of the contract with the Operator and are binding for all users of the Services.

The following definitions for the purposes of GTC and for the creation, amendment and termination of the legal relationship between the Operator and the Client or the Specialist are interpreted as follows:

Operator´s activity is not the intermediary of employment for compensation under Act no. 5/2004 Coll. on employment services and on amending and supplementing certain acts as amended.

 

  1. Privacy Statement

 

Within the scope of Services provided to the Specialist, the Operator records the CVs in the Operator´s CV Database that were saved by Specialist. Within the scope of services provided to its clients, the Operator makes the Professional Profiles accessible and allows  Clients through searching to view the information posted on the Website.

CVs stored in the Operator´s CV Database and additional information posted on the Website sent by the Specialist include information which, according to § 4 of Act no. 122/2013 Coll.  Act on Personal Data Protection and on amendments to certain laws as amended (hereinafter referred to as the Act on Personal Data Protection), are considered personal information. 

Before creating a Professional Profile on the Website, the Specialist declares that all by him provided data is true.

CVs stored in the Operator´s CV Database and additional information sent by Specialists include:

Providing additional data in the CV or additional information is at the sole discretion of the concerned Specialist; the Operator does not require any additional data.  The Operator does not require in any way from the Specialist to provide the information covered in a separate category defined in § 13 of the Act on Personal Data Protection.

Without the express consent of the Specialist, the Operator shall not be entitled to process the data of the Specialist.

Before creating a CV on the Website, the Specialist shall provide demonstrable consent that such data is processed by the Operator and made available to Clients of the Operator by means of a computer network Internet. After the expiry of the period of CV availability specified by the Specialist, the CV and the data therein will be inaccessible and will be stored in the Operator´s CV Database in the event of future update and accessibility of the Specialist.  After a 3 year period from the last login of the Specialist in its registration created on the Website its CV or the data therein shall be made permanently anonymous from the Operator´s CV Database, and shall be used exclusively for statistical purposes.

Consent is given for a fixed period of 3 years, which can at any time revoke in writing within a period of 30 days. After a period of 3 years data shall be made permanently anonymous and shall be used exclusively for statistical purposes.

The Operator shall process the data provided in the CVs stored in the Operator´s CV Database solely for the purpose of assisting Specialist in finding interesting projects by making the anonymous Professional Profiles processed from the CVs registered in the Operator´s CV Database accessible to its Clients.

The Operator shall process the data provided in the Responses of the Specialist solely for the purpose of providing help to Specialist by archiving.

The Specialist may at any time request confirmation of whether or not its personal data is being processed, or information about the extent to which the data is recorded by the Operator or Client. The Specialist may at any time request the disposal of data that is recorded by the Operator or the Client.

The Specialist may at any time request confirmation of whether or not its personal data is being processed, or information about the extent to which the data is recorded by the Operator or Client. The Specialist may at any time request the disposal of data that is recorded by the Operator or the Client.

The Operator undertakes that it and its authorised persons that come into contact with the personal data of the Specialist shall maintain the confidentiality of the data in accordance with the Act on Personal Data Protection, and shall not use such data for personal use or disclosure to third parties without the consent of the person concerned. Provisions of this paragraph shall not affect the obligations of the relevant legislation and/or the decisions of the bodies concerned.

In accordance with § 62 of Act No. 351/2011 Coll. on electronic communications as amended, the Specialist agrees to the use of its electronic contact information for direct marketing purposes relating to the goods or services of the Operator and its Clients.

 

  1. Services provided to Specialists

 

Specialist is a natural person or legal person who uses the services provided on the Website in order to provide its experience in a particular area. Basic Services, provided to Specialists by the Operator are free of charge and serve as a support in finding projects through the Website.

The usage of the services offered to Specialists requires a free registration on the Operator´s Website. Specialist can register by indicating an arbitrary login email and password. Specialist can at any time cancel its registration by sending an email to the Operator with expression of its will to cancel the registration.

The scope of services provided to the Specialist include in particular options through the Website to:

 

  1. Services provided to Clients

 

Client is a natural person entrepreneur or a legal person that uses or intends to use consultancy services offered through the Website.

Clients access is exclusively to the anonymous Operator´s Database of Specialist’s Professional Profiles.

Operator does not provide access for Clients to the complete Operator´s CVs Database.

Posting advertising information in central and direct mailing.

Other promotional products according to the valid Price List.

 

  1. Creation, modification and termination of the contractual relationship

 

To use any of the Services the Specialist is required to register on the Website. Registration is done by completing the registration form. When the registration has been completed successfully, the Specialist shall create its own on-line account that is protected by a unique username and password.  The Specialist is obliged to protect the username and password from misuse and not to disclose them to third parties.

The Operator´s services are ordered by means of an on-line account, rarely on the basis of a written (letter, fax, e-mail) or telephone order.

By placing the order with the Operator, the Client agrees with the possible disclosure of its personal data or personal data of its employees, if it is required by the character of the Service ordered by the Client from the Operator.

The order must contain at least:

The contractual relation begins by confirmation (via Website or letter or fax or e-mail or telephone conversation) of ordered services by the Operator.  Provision of Service ordered by the Client shall also be deemed to be an order confirmation.  The contract is concluded for a definite period of time during the provision of the ordered Service from the date of order confirmation by the Operator.

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.

Unless otherwise stated in the Contract, it is possible to terminate the Contract before its expiry:

Written notice of withdrawal from the Contract is delivered to the other Contractual Party at the address specified during the registration or at the provided e-mail address.

If the Operator is not at fault and the contract is terminated without using the Services ordered by the Client, the Client is not entitled to recover the agreed price. The Operator is not responsible for incomplete use of Services.

 

  1. Price of Services and Terms of Payment

 

An invoice (tax document) is issued monthly by the Operator after providing the Services to the Client. Maturity of invoices is 10 days from the date of invoice issuance, unless otherwise agreed in the Contract.  In justified cases, the Operator is entitled to provide the ordered Service after the payment of the Price of ordered Service; the Operator shall inform the Client of this fact beforehand.

The Client shall pay the Operator the Price of the ordered Service, duly and on time, by a wire transfer to its bank account specified on the invoice.

In the event of the Client´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; it is also entitled to temporarily, until the settlement of the invoiced amount, suspend the further provision of Services. In the event of the Client´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 shall be included in the Operator´s claim.

Objections to invoices issued, which would result in a restriction of the right to a claim of the Operator towards the Order Party, the Order Party must be enforced in writing to the Operator within 5 days from the date on which the invoice was received.

 

  1. Damage Liability

 

The Operator is obliged to protect the data obtained from the Specialist or from a Response against any misuse, and is also obliged to ensure that such data is not made available or provided to any other person.

The Client acknowledges that the CV database created by the Operator is subject to the copyright of the Operator and is protected by Act no. 618/2003 Coll. on copyright and rights related to copyright (the Copyright Act).  The Operator is not responsible for the veracity and timeliness of the data contained in the Operator´s CV Database.

The Operator shall not be liable to the Client for finding a suitable Specialist for a specific project during the provision of the service.

The Operator does not give any guarantee to Specialists to find a suitable opportunity nor the duration of cooperation.

The Operator is not responsible for any damage that may be caused to users or third parties by using the Website, including loss of profits or loss of data.

If the contract is terminated without using the Services ordered by the Client without the fault of the Operator, the Client is not entitled to recover the agreed price. The Operator is not responsible for the incomplete use of Services.

In the event of the Client´s delay, the Operator is entitled to suspend the further provision of Services to the Client. By this means of the Operator, the Client is not entitled to compensation and any compensation for ordered Services that it could not use during this suspension.  This does not affect the Operator´s entitlement to compensation.

The Operator is not responsible for any misuse of a username and password by unauthorized persons nor for any consequential damages and any claims of third parties caused by such abuse.

 

  1. General and Final Provisions

 

The Operator reserves the right to amend and supplement the GTC while informing the Client immediately by publishing the changes on the Website and including the date from which the changes take effect.  The original GTC expire when the new GTC come into force.

All relations that are not stipulated in the Contract and/or GTC are governed by the laws of the Slovak Republic.

Divergent provisions in the Contract shall prevail over the GTC. The scope of GTC or parts thereof may be excluded only with the written agreement of the Contractual Parties to the Contract.

These GTC shall enter into force on 15th January 2014.

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