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Terms of Service


Recruitify - Terms of Service

§ 1. Recitals

These Terms, set forth on the grounds of Article 8(1)(1) of the Polish Electronic Services Act of 18 July 2002, lays down the terms and conditions of services provided by Recruitify Sp. z o.o. (hereinafter as „Recruitify”) to entities who signed a service contract with Recruitify.

§ 2. Definitions

For the purposes of these Terms, the words below shall be defined as follows:

1. Service Provider or Recruitify – Recruitify Spółka z ograniczoną odpowiedzialnością [limited liability company] with its registered office at Aleje Jerozolimskie 142B in Warsaw (02-305), NIP [Tax Identification Number] 5252733667, KRS [National Court Register] 0000709889.

2. Customer – Customer who signed a contract with the Service Provider. Only an entrepreneur within the meaning of Article 431 of the Polish Civil Code can be a Customer.

3. Party – Service Provider or Customer.

4. Site – an Internet service available at the address recruitify.ai, where the Customer can use the Services having provided his login and password.

5. Account – the record in Site’s database, through which the Customer can use the Services.

6. Services – the Service Provider’s performance carried out through ICT systems at the individual request from the Customer, without the Parties being simultaneously present physically. The Service is provided on the basis of IT modules, which support processes facilitating recruitment process management. The scope of respective Services is activated depending on the selected price plan set out in the Price List.

7. Contract – the Service contract signed between the Service Provider and the Customer on such terms and in such manner as is set out in the Terms and - if applicable - on the terms set out in the Order or other documents specified by the Service Provider.

8. Terms – these terms of service.

9. Billing Period – a full calendar month, with the first day counted from the Contract date.

10. Order – the form specifying basic parameters of the Services.

11. Price list – information document which sets out the scope of provided Services, including the name of respective bundles and the amount of fee payable to the Service Provider for the readiness to provide the Services. Unless the Price List provides otherwise, all amount stated in the Price Lists are net amounts i.e. VAT excluded.

§ 3. Signing Contracts

1. The Contract can be signed:

a. by signing and sending the Order (as scan or in another form that meets the definition of document form within the meaning of Articles 77(2) an 77(3) of the Polish Civil Code) to the e-mail address provided by the Service Provider: contact@recruitify.ai. The Customer must select the Service option and the number of Billing Periods, in which the Services are to be provided,

b. by signing the Order and delivering it to the Service Provider’s representative - the Customer must select the Service option and the number of Billing Periods, in which the Services are to be provided; or

c. by filling in the Order online on the Site - when filling in the Order online on the Site, the Customer selects - by checking relevant boxes - the Service option and the number of Billing Periods, in which the Services are to be provided;

d. by placing the Order by phone.

2. Signing the Contact is tantamount to the approval of these Terms.

§ 4. Services’ and Contract’s Features

1. The Service Provider undertakes to be ready to provide the Services throughout the term of the Contract. The fee payable to the Service Provider is a fee for readiness to provide the Services. Once the Contract is signed, the Customer is under no obligation to use the Services, but this shall not exempt the Customer from the need to pay the fee payable to Recruitify.

2. Once the Contact is signed, the Service Provider must select the login and password for the Account.

3. The Service Provider will make it possible for the Customer to grant access to the Account to the persons selected by the Customer (e.g. his employees) within the scope of his choosing. The Customer undertakes to keep a list of persons who were granted access to the Account, with their respective authorisation scopes.

4. By performing any operations in the Account, the Customer represents that those operations are performed at his knowledge and consent and are effective with respect to the Customer.

5. The Customer acknowledges and accepts that due to the complex nature of the Services, it is not possible to describe the Services precisely. However, the basic scope of functionalities, solutions within a given Service bundle and the fee payable to the Service Provider shall be set out in the Price List.

6. During the term of the Contract, the Parties may change the Service bundle selected by the Customer by way of an annex to the Contract. Where such a change would reduce the amount of the fee payable to the Service Provider, the Service Provider can collect a charge for executing the annex and implementing the resulting changes. Such an amendment to the Contract will cause the Services to be extended by 6 Billing Periods, unless the Parties expressly decide otherwise.

7. In the event of a breach of these Terms, the Customer’s access to the Account can be restricted and this shall be notified to the Customer. The restriction of access to the Account shall not affect the Service Provider’s right to the fee for readiness to provide the Services.

8. In case of particularly gross breach of the Terms, the Service Provider - having first sent a demand to the Customer to cease the breach in form of a document or in writing - has the right to block the Customer’s access to the Account, which is equal to the termination of the Contract with immediate effect for reasons attributable to the Customer. In such a case, the Customer shall pay the Service Provider a contractual penalty in the amount equal to the fee for the Billing Period, in which the Contract was terminated, and the number of Billing Periods, for which the Contract would have remained in force if it had not been terminated at the Customer’s fault. The second sentence of Article 746(2) of the Polish Civil Code shall not apply.

9. The Service Provider shall not be liable in any way for:

a. correct legal grounds, which legalise personal data collection by the Customer or his client,

b. the Customer’s or his client’s fulfilment of information duties stemming from personal data regulations with respect to subjects whose data is input in the Account by the Customer,

c. any unauthorised access to the Account granted by the Customer or persons acting on his behalf or for his benefit, in particular by disclosing the password or other data needed to log in to the Account,

d. any type of breach of the Account, when it resulted from the action or omission of the Customer or the persons acting on his behalf or for his benefit,

e. any use of the Services by the Customer or persons acting on his behalf or for his benefit in a manner inconsistent with the Service purposes or the Contract,

f. the manner, in which the Customer uses the Services,

g. any interruption in the access to the Site, caused by failure of the Internet or the Customer’s hardware or software.

10. Any liability of the Service Provider for benefits lost (lucrum cessans) shall be excluded.

11. Unless mandatory laws or the Terms provide otherwise, the Service Provider shall be liable to the Customer only for damages caused solely by the Service Provider’s wilful misconduct.

12. It is prohibited for the Customers to input any unlawful content, in particular any vulgar, erotic, racist content or content inciting persecution for ethic, cultural or religious reasons or promoting or supporting criminal activities, activities violating third parties’ rights, including intellectual property rights or violating legally protected rights in any other form.

13. The Customer must keep his login and password to the Account confidential and not to provide it or make it available to third parties. The Service Provider shall not be liable for unauthorised access to the Account when such access was gained by a third party as a result of the Customer’s action or omission. If the login or password cease to be confidential, the Customer must notify this to the Service Provider immediately and change the password.

14. The Service Provider recommends changing the Account password on a regular basis and using the so-called “strong passwords”.

15. The Service Provider recommends that the Account password not be saved in the browser used by the Customer to connect to the Site and not be written on a paper note stuck to the screen or computer.

§ 5. Term of Contract

1. The Contract shall remain in force for such number of Billing Periods as is set out in the Order. If the Customer does not give the Service Provider a notice of termination of the Contract 30 days before the end of the last Billing Period, the date of receipt of the notice by the Service Provider included, the Contract shall transform automatically into a contract of indefinite duration.

2. The Contract shall not expire in the event of death of the Customer who is a natural person.

3. The Parties agree that the termination of the Contract, which was signed for a definite duration, can take place only for valid reasons, which the Parties recognise only as:

a. Liquidation of the Customer, understood as striking out the Customer’s company from the register of entrepreneurs,

b. The Customer’s valid (final) loss of concession or permit needed to pursue business activity,

c. Loss of health necessary to pursue business activity (in the case of Customers who are natural persons), to be documented with a relevant medical decision.

4. The notice of termination of the Contract for reasons referred to in Section 5(3) shall be with notice period of:

a. 6 full Billing Periods, effective at the end of the Billing Period - in case of Contacts signed for 12 Billing Periods,

b. 12 full Billing Periods, effective at the end of the Billing Period - in case of Contacts signed for 24 Billing Periods.

5. The notice periods referred to in Section 5(4) shall be made shorter if the notice period would be longer than the period, for which the Contract was made. In such a case, the Contract shall terminate on the last day, on which it was to remain in force in line with the Order.

6. The Parties agree that the closing of Customer’s business activity shall not constitute a valid reason justifying the Contract termination notice.

7. If the Customer gives the Contract termination notice without the valid reason or for any other reason than specified in Section 5(4), despite Section 5(3) being in force, and such termination notice is considered effective, the Customer must pay the Service Provider a contractual penalty being the equivalent or the fee for the Billing Period, in which the Contract was terminated, and the number of Billing Periods, for which the Contract would have remained in force if it had not been terminated due to the Customer’s termination notice.

8. The Contract, which has transformed into a contract of indefinite duration in line with Section 5(1), can be terminated with termination notice of 1 Billing Period, effective at the end of the Billing Period. The termination notice should be given 7 days before the end of the relevant Billing Period.

9. The termination notice referred to in Section 5(3) must be in writing, otherwise null and void.

10. The termination notice referred to in Section 5(8) must be in writing or in form of a document, i.e. by e-mail to contact@recuitify.ai, otherwise null and void.

§ 6. Fee and Methods of Payment

1. The fee for readiness to provide the Services is set out in the Price List applicable on the Contract date. The fee is payable for every Billing Period, in which the Service Provider remained ready to provide the Services.

2. Services like SMS service or CV parser service used over limits is to be paid additionally.

3. The payment will be made by bank transfer to bank account.

4. The Customer can make a single payment for the entire term of the Contract or make monthly payments in accordance with the Billing Periods.

5. Invoices will be issued within 7 days of the end of the relevant Billing Period. The Customer agrees to receive VAT invoices electronically.

6. If the invoice is not received, this shall not release the Customer from the need to pay the fee.

7. When the Contract term is extended in line with Section 5(1), the Customer shall make the payments in line with Section 5(2).

8. The Service Provider shall not be liable for the effectiveness of payment transactions made through Internet payment services. Any objections related to the course of payment transactions made in the manner specified in the precedent sentence must be submitted by the Customers directly to the relevant owner of Internet payment service.

9. The Parties agree that the date of payment is considered to be the day, on which the Service Provider’s bank account is credited.

10. In the event of delay in payment, the Service Provider is authorised to demand the payment of late interest for commercial transactions.

11. If the delay is greater than 14 days, the Service Provider shall block the Customer’s ability to answer the Users. If the delay is greater than 28 days, the Service Provider shall block the Customer’s access to the Account. While performing those activities, the Service Provider shall retain the right to the entire fee.

§ 7. Service Quality

1. The Service Provider undertakes to ensure the proper quality of the provided Services.

2. To use the Services, it is necessary to have an Internet connection and an Internet browser which makes it possible for hypertext (HTML) documents, made available in the Internet through the WWW service, to be displayed on the User’s screen. The Customer acknowledges that due to technical configuration of the hardware used by the Customer to view Site pages, certain functions of the Site may not be accessible.

3. The Services will be available at 97% in a year, and the Service Provider shall not be liable for unavailability within the remaining scope. If the Site is not available for more than 7% in a year, the Service Provider will extend the Contract pro rata to the time of unavailability.

4. The Service Provider reserves the right to temporarily switch off the Site between 21:00 (9:00 pm) and 7:00 (7:00 am) to update and technically improve the hardware or to expand the Site content.

5. The Service Provider reserves the right to transfer all rights to the Site to a third party.

§ 8. Personal Data

1. The Customer may input personal data in the Account for the Services to be provided properly.

2. When the Customer inputs any personal data in the Account, independently or through its staff, the processing of such data is entrusted by the Customer to the Service Provider within the meaning of Article 28 GDPR.

3. For the avoidance of doubts, the Service Provider is not the data controller for the personal data input in the Account and processes the personal data input there by the Customer or through its staff at the Customer’s instruction, save that it is recognised that the Contract or the fact of placement of personal data in the Account constitutes the instruction to process.

4. The Customer represents that he is the controller of the personal data input by him in the Account or is the processor with respect to such data.

5. The Service Provider shall be authorised to process the entrusted personal data by performing the following operations: recording, storing, restricting, removing or deleting.

6. The Parties lay down the following rules for the processing of personal data entrusted by the Customer:

a. the personal data processing includes processing personal data for the purposes necessary to perform the Contract properly,

b. the processing will be performed for the duration of the Contract,

c. the nature of personal data processing is to lead to the fulfilment of Service Provider’s duties in connection with the performance of the Contract,

d. the purpose of the personal data processing is the performance of the Contract,

e. the processing shall be done in an automated and non-automated manner,

f. the types of entrusted personal data include: any personal data, which may be provided by job applicants in the recruitment process, including in particular names and surnames, mailing addresses, registered residence addresses or residence addresses, e-mail addresses, phone numbers, data on education and employment history.

7. The Service Provider undertakes to apply technical and organisational measures so that the processing of entrusted personal data is consistent with the law and provides protection of data subjects’ rights.

8. To meet the obligations under Section 8(7), the Service Provider must:

a. ensure that persons authorised to process the personal data keeps such data confidential or are under an appropriate statutory obligation of confidentiality,

b. implement and apply the means defined in Article 32 GDPR,

c. assist, insofar as this is possible, in the fulfilment of the obligation to respond to requests for exercising the data subject's rights laid down in the GDPR,

d. assist the Customer in ensuring compliance with the obligations pursuant to Articles 33 to 36 GDPR, taking into account the nature of processing and the information available,

e. make it possible for the Customer or an entity designated by the Customer to perform audits and inspections concerning the manner of performance of the Contract, save that the entity designated by the Customer must sign with the Service Provider such NDA as may be set out by the Service Provider,

f. notify the Customer if - in Recruitify’s judgement - the processing of personal data violated the GDPR or other acts of law governing the protection of personal data,

g. respect the conditions for engaging another processor as set out in the Contract.

9. In connection with the nature of the Contract, the Parties admit a possibility that the processing of entrusted personal data is further committed by Recruitify to a third party, hereinafter referred to as Subcontractor (general consent for further entrusting of processing).

10. In order for Recruitify to commit further the processing of entrusted personal data to the Subcontractor, Recruitify must sign with the Subcontractor a contract on entrusting the processing of personal data, with the content and scope as close to this Contract as possible.

11. At each demand of the Customer, expressed in writing, otherwise null and void, Recruitify must provide all information concerning Recruitify’s processing of the entrusted personal data, including information on how the duty to safeguard personal data is carried out, and all data which the Customer may need to perform the Customer’s duties under the GDPR.

12. Recruitify must comply with personal data protection regulations, including the GDPR.

13. Within 14 days of the end of personal data processing or termination or expiry of the Contract, Recruitify must return to the Customer all entrusted personal data or permanently remove all and any copies of the entrusted personal data existing and remaining in Recruitify’s possession - at the Customer’s discretion, subject to Section 9.

§ 9. Backups

1. As part of provision of the Services, Recruitify provides the storage of data input on Site by the Customer.

2. The access to stored data is provided through the Site.

3. In connection with the storage of data input by the Customer on Site, Recruitify is authorised to process the personal data entrusted under Section 9 of the Contract for the period, in which such data is stored.

4. The period of storage of data input on Site by the Customer will be defined in the Order.

5. No fee is collected for the storage of data input on Site by the Customer, other than the fee set out in the Order.

6. Recruitify can collect a fee for export of stored data, input on Site by the Customer. The amount of the fee will be set out in the Order.

§ 10. Complaint Procedure

1. Any comments related to the functioning of the Site can be submitted by the Customer in a complaint notice sent to: contact@recruitify.ai.

2. To be investigated, complaints must:

a. be submitted by the Customer to the appropriate address,

b. contain the reason for the complaint submission and possibly determine the scope of actions expected by the Customer,

c. contain the Customer’s current particulars.

3. Complaint notices are investigated by the Service Provider within 30 days of their receipt, if the Customer formulates the notice is a clear and transparent manner. If there are gaps or ambiguities which prevent the complaint from being investigated within the above-mentioned time limit, the Service Provider shall request the Customer to supplement the notice within 7 days. In the request referred to above is ineffective, the complaint shall remain uninvestigated.

4. The decision concerning the complaint is notified to the Customer to his current e-mail address.

5. If the complaint is recognised, the Service Provider shall remove the established irregularities. If irregularities consisted in incorrect functioning of the Site, the Customer will receive a refund of the relevant portion of the fee paid, to the bank account provided by the Customer.

§ 11. Technical Requirements; Miscellaneous

1. To use the Site, it is necessary to use a computer with Internet access, equipped with Edge, Mozilla Firefox, Google Chrome browser or another comparable browser updated to the latest version.

2. To use the full functionality of the Site, it may be necessary to configure appropriate level of cookies, SSL protocol or JavaScript application handling in the browser settings.

3. These Terms form an integral part of the Order.

4. These Terms are available at the Service Provider’s registered office and at the electronic address https://recruitify.ai/en/terms/, in electronic version, which makes it possible to download, reproduce and record the Terms with the use of ICT system used by the Customer.

5. The Service Provider reserves the right to make changes to these Terms. Such changes shall come into force 14 days from their publication date. If the changes were initiated by the Customer, the changes must be in writing to be valid.

6. Polish laws, in particular Polish Civil Code and the Polish Electronic Services Act of 18 July 2002, shall apply in all matters, which are not regulated in these Terms.

7. The Parties shall strive to resolve amicably any disputes which may arise from the performance of the provisions of these Terms. If no agreement is reached, disputes shall be resolved by the court of law having jurisdiction over the Service Provider’s registered office.

8. If any of the provisions of these Terms proves invalid, this shall not render the entire Terms invalid. The invalid provision shall be replaced by relevant statutory regulations.

9. These Terms enter into force on 1 April 2019.

§ 12. Trial Period

1. Service Provider will make it possible for the Customer to sign a free Contract for a 14-day trial period.

2. During the trial period, the Customer can use the Services within such scope as may be set out in the telephone conversation.

3. The Terms shall apply during the trial period, except for the provisions concerning remuneration and termination notice periods.

4. After the trial period the Contract shall terminate automatically, unless the Service Provider and the Customer sign a paid Contract for the provision of Services.