Terms of Service
1. Initial provisions
1.1 This document sets out the Terms of Service (“Terms”) on which Video Recruiting Solutions s.r.o., a company incorporated in the Czech Republic, with its registered office at Prague 5 - Hlubočepy, Skalní 578/26, Post Code 152 00, recorded in the Commercial Register maintained by the Municipal Court in Prague, Section C, insert 172816, Business Identification Number 24769304, represented by Annabelle Olivieri Munroe, Executive Director (“LUSK”) provides customers with access to its online hiring platform branded Lusk and associated services, which are intended for registered business users.
1.2 The Lusk platform is accessible via website with the domain lusk.io (the “Lusk Website”) and may be accessible on other platforms such as mobile application.
1.3 Please read these Terms carefully. You are required to accept these Terms prior to using the Lusk platform and the associated services.
2. The service
2.1 LUSK shall provide access to its online hiring platform branded Lusk, which provides functionality and tools to facilitate the recruitment process. LUSK creates on its servers a virtual space for the Customer (as defined below) allowing the Customer to store information related to its candidates and its recruitment processes. LUSK provides the Customer with access to the software, hosting services on its servers and support services for the software application (all services defined together in this Agreement as the “Service”).
2.2 LUSK represents and warrants that the Service will be operated in a professionally diligent manner, however, at any specific time, on an “as is” and “as available” basis without any representations, guarantees or warranties of any kind, either express or implied.
2.3 LUSK hereby grants the Customer a non-transferable and non-exclusive right to access the Service, subject to the Customer's compliance with these Terms.
3. Customer account and user registration
3.1 The user who creates a customer account (the “Account”) via the Lusk online registration form will become the account owner (the “Account Owner”). The Account Owner will be required to enter into a legal agreement (the “Agreement”) with LUSK on behalf of the nominated organization. By accepting and agreeing to these Terms of Service during the sign up process, the Account Owner accepts and agrees on behalf of the nominated organization (the “Customer”), that the Customer shall be bound by this Agreement to use the Service. The Account Owner represents and warrants that they have the authority to enter into this Agreement on behalf of the Customer.
3.2 The Agreement with the Customer commences on the date of the creation of the Account by the Account Owner.
3.3 LUSK reserves the right to conduct verification procedures in relation to all the information provided by the Customer to LUSK. If LUSK has reason to believe that the information provided by the Customer during the registration process or subsequent use of the Service is incomplete, misleading, breaches or is likely to breach any provision of these Terms or any legal or regulatory provisions by which LUSK is bound, LUSK at its sole discretion may take any appropriate action including, without limitation, the termination of the Customer Agreement.
3.4 Colleagues or third party collaborators may be invited to join and gain access to the respective Account in order to collaborate on the Customers’ recruitment projects (with the Account Owner jointly referred to as the “Users”). These Terms shall apply to all Users.
3.5 At any time, LUSK may require the Customer to execute any further documents to confirm the Customer acceptance of, or give full effect to, these Terms.
4. Customer's obligations
4.1 The Customer represents and warrants that the Customer and its individual Users will use the Service in accordance with these Terms, the applicable law, rulings and governmental regulations, in particular and without limitation, with regards to the applicable personal data protection rules, employment and anti-discrimination legislation.
4.2 The Customer shall be responsible for ensuring that its Users keep their respective passwords safe and secure to ensure that they are not used without the Customer’s permission. The Customer shall be solely liable for any breaches of these Terms or any law, ruling or governmental regulation resulting from the use of the Customer Account. The Customer shall immediately notify LUSK if it has reason to believe that there was an unauthorized access to its Account.
4.3 The Customer acknowledges that LUSK does not have any control of and cannot accept any liability in relation to the content stored within the Customer’s Account or any form of communication facilitated by the platform.
4.4 The Customer shall indemnify LUSK against any liabilities or costs incurred by LUSK as a result of the Customer or its Users breaching these Terms, any law, ruling or governmental regulation.
5. Fees & Payment
5.1 For the right to access and use the Service the Customer shall pay LUSK the fee stated in the price list provided to the Customer on the Lusk Website.
5.2 The fees stated on the Lusk Website are exclusive of VAT or any other applicable sales tax and are not refundable. LUSK shall add to the billable amount the appropriate VAT or sales tax that may apply and the Customer is obliged to pay the full amount.
5.3 Unless stated otherwise on the Lusk Website, the Service fees shall be payable in advance (usually monthly or annual subscription). The Service fees shall be payable by a credit/debit card transaction or by a bank transfer upon LUSK issuing an invoice to the Customer.
5.4 Without undue delay upon executing a credit/debit card transaction in relation to the Services provided, LUSK shall issue a VAT invoice to the Customer.
5.5 LUSK reserves the right to change the price from time to time upon at least 30 days prior notice. Such notice shall be delivered to the email address of the Account Owner and published on the Lusk Website. The Account Owner shall be responsible for maintaining their contact email up to date.
5.6 The Services purchased by the Customer at prices valid before implementation of the price change (as per Section 5.5 above) may be consumed by the Customer in full without additional payments to LUSK. The changed price will only be charged at the time of an additional purchase or renewal of the existing tariff plan subscription.
5.7 LUSK reserves the right to block the access of the Customer and its Users to the Service if any amounts payable by the Customer are overdue.
5.8 LUSK may offer to the Customer a possibility to try the Service free of charge for a limited period. During the free trial period, these Terms shall apply. However, some features or functions normally available to Customers may be restricted.
6. Personal data protection
6.1 Both the Customer and LUSK shall adhere to the personal data protection rules as defined by the applicable provisions of the personal data protection legislation by which the Customer, its Users or LUSK, as the case may be, are bound.
6.2 As a company incorporated in the Czech Republic, LUSK is subject to, and adheres to the provisions of the Czech Data Protection Act (Czech Act No. 101/2000 Coll., on Protection of Personal Data, as amended, (the “Act”) in relation to the Service provided. Personal data of individuals whose personal data is stored and processed within the Account (the “Candidates”) is processed by LUSK as the personal data processor (as defined in the Act).
6.3 LUSK processes the personal data of the Candidates strictly in order to allow the Customer access to this data with the purpose of assessing its Candidates’ suitability for employment, or in the case where the Customer is a recruitment agency, with the purpose of mediating employment opportunities. Such personal data is made available to LUSK by manual entries or batch import to the Account by the individual Users or by the Candidates themselves in case they apply via an application form available within the Lusk platform.
6.4 The personal data processed by LUSK may include the following information: name, e-mail address and other data, which may be entered into the Account by the Users or provided by the Candidates and which may lead to the Candidates’ identification.
6.5 According to the applicable law relating to personal data protection legislation, the Customer may be responsible for informing its Candidates about the relevant data processing matters and shall ensure that the consent of each Candidate is obtained for the data processing.
6.6 LUSK shall not use the personal data otherwise than in accordance with this Agreement. The Customer shall use the personal data in accordance with the applicable law and not contrary to the terms agreed with its Candidates.
6.7 Both LUSK and the Customer shall adopt, apply and maintain measures concerning personnel, and measures of a technical and/or organizational nature with a view to preventing unauthorized or random access by third parties to personal data, their change, destruction or loss, and any other unauthorized processing or misuse, in the processing and any other management of personal data.
6.8 In the case that a Candidate believes that LUSK or the Customer processes the personal data in violation of the Candidate’s privacy or in breach of the applicable law, and the Candidate requests, by virtue of Section 21 of the Act, that LUSK provides an explanation or remedies the situation, LUSK shall notify the Customer of such request and both parties shall provide each other necessary cooperation to accommodate the Candidate’s request.
7. Intellectual property rights
7.1 The Customer acknowledges that all right, title and interest in and to the intellectual property, which includes any patent, copyright, registered design, unregistered design right, trade mark, service mark, logos, names (including the brand “Lusk”), and/or other industrial or intellectual property or know-how owned or used by LUSK in connection with the Service, together with any current applications for any registrable items of the foregoing, and the goodwill connected with it, are and shall remain the property of LUSK.
7.2 The Customer may not reverse assemble, reverse compile, otherwise translate, or reverse engineer the software related to the provision of the Service, use any of the software’s components, files, modules, audio-visual content, or related materials.
8. Term of the agreement
8.1 This Agreement with the Customer is concluded for an indefinite time period.
8.2 The Customer may terminate this Agreement at any time with immediate effect by cancelling its subscription or by giving notice to LUSK to be delivered via email at email@example.com or to LUSK registered office.
8.3 LUSK may terminate this Agreement at any time with a two-month notice to be delivered to the email address of the Account Owner of the Customer or to the Customer’s registered seat of business. The notice period shall start counting from the day the termination notice is sent to the Customer. In case that the Customer had pre-paid the Service fees for a period beyond the termination date, LUSK shall reimburse the Customer for the unused portion of the pre-paid period.
8.4 LUSK may terminate the Agreement with immediate effect if (i) it has reason to believe that the Customer is acting contrary to these Terms or the general applicable law; or (ii) it generally ceases to provide the Service; or (iii) the Customer fails to pay any fees related to the Service.
8.5 In case of termination, the parties shall in good faith settle any outstanding issues, such as Customer’s candidate data migration, any personal data protection related issues that may be outstanding and any outstanding financial obligations of the parties have towards each other.
9. Applicable law and dispute resolution
9.1 These Terms and the legal Agreement shall be governed by, interpreted and construed in accordance with English law.
9.2 All disputes arising from the Agreement and/or in connection with it shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules by three arbitrators in accordance with the Rules of that Arbitration Court.