Terms and Conditions of a Public Offer Made by Monster Worldwide CZ s.r.o. (hereinafter referred to as "MWW") for the Conclusion of a Job Seeker Referral Agreement
Scope of Use and Purpose of the Terms and Conditions
- The Terms and Conditions govern the relationships established between MWW and natural persons who refer a suitable candidate to MWW for a position with MWW entered and published by MWW on its website monsterworldwide.cz (hereinafter referred to as the "Job Position").
- The Terms and Conditions form the content of a contract concluded between MWW and the job position referrer which arises in the manner specified in Article 4 (hereinafter referred to as the "Contract").
Definitions of Terms
The terms used in the text of these Terms and Conditions shall have the following meanings:
- Referrer: A natural person who is not employed by MWW and has no contract with MWW or any contract that fulfils a purpose similar to an employment agreement and who has referred a Job Candidate for a Job Position in accordance with these Terms and Conditions.
- Job Candidate: A natural person interested in a Job Position at monsterworldwide.cz.
- Public Offer means a draft contract with MWW intended for Referrers. A public offer consists of (i) these Terms and Conditions, and (ii) publication of a Job Position at monsterworldwide.cz indicating the remuneration payable to the Referrers under the conditions set forth in Article 5.2 below.
Acceptance of a Public Offer by a Referrer
A Referrer accepts a Public Offer by (i) completing the form available at monsterworldwide.cz in response to the selected Job Position, and (ii) by sending the relevant form. Submission of the form is conditional upon the Referrer's consent to these Terms and Conditions. In the form, the Referrer shall fill in:
- Information about himself/herself, truthfully and accurately. Entering the Referrer's correct details is necessary for the conclusion of a valid Contract based on a Public Offer.
- Details of the Job Candidate, i.e. name, surname, e-mail address, phone number and the Job Candidate's CV, if relevant.
- The Referrer is responsible for the content of the information provided in the form. The Referrer hereby expressly agrees that MWW may keep the information provided in the form for 3 years after its submission to MWW.
Conclusion of a Contract
- The contract between MWW and the Referrer is concluded electronically upon the submission of the form by the Referrer and shall be deemed to have been concluded at the moment the confirmation e-mail from MWW is delivered to the Referrer's address. MWW reserves the right to refuse to conclude the Contract with the Referrer.
- By concluding the Contract, the Referrer agrees with the contents of these Terms and Conditions.
Right to Claim a Referral Remuneration
A remuneration (type and specification), which will belong to the Referrer if the terms under para. 5.2. below are met, is specified for each Job Position covered by the Contract.
The remuneration shall be paid to the Referrer subject to the following conditions:
- The Referrer has referred a Job Candidate who (i) has not been previously registered in the MWW database, and / or (ii) has not worked for MWW in the past 12 months;
- MWW has entered into an employment agreement or other similar agreement with the Job Candidate under which the Job Candidate will work for MWW within 12 months of the date of the referral of the Job Candidate; and
- The Job Candidate works for MWW for 3 whole calendar months (always calculated from the 1st day of the calendar month).
- Within 30 days after the conditions for entitlement to the transfer/payment of the remuneration under paragraph 5.2 above are met, MWW shall pay to the Referrer the remuneration for referring the Job Candidate for the Job Position in the amount specified by MWW when entering the Job Position at monsterworldwide.cz ("Remuneration"). The Remuneration may be in cash or in kind.
- The payment / transfer of the Remuneration is subject to the provision of complete and correct details of the Referrer when submitting the form. Any Remuneration provided in kind shall be sent to the Referrer's address specified in the form, or any other address which the Referrer has previously notified MWW. Any financial remuneration shall be sent to the Referrer's bank account which the Referrer agrees to communicate to MWW.
- In the event that the Referrer indicates incorrect data in the form or fails to provide assistance to MWW necessary to pay/transfer the Remuneration, the Client shall not be in default in the payment.
- MWW points out that one-time remuneration hereunder constitutes income under Section 10 of Act No. 586/1992, on Income Tax. Such income is exempt from tax if the total income under Section 10 (1) (a) of the Act does not exceed CZK 30,000 per calendar year. The Referrer himself/herself is responsible for taxing any income that exceeds that amount.
- Legal relationships between the Referrer and MWW shall be governed by the law of the Czech Republic. Issues not regulated by the Terms and Conditions shall be governed by the provisions of Act No. 89/2012, the Civil Code, and other valid and effective legal regulations.
Processing of Personal Data
- MWW processes the Referrer's personal data on the basis of the Referrer's consent, granted as part of the conclusion of the Contract. MWW is entitled to contact the User as the data subject with a request to verify the accuracy of the personal data provided. Data regarding which there is reasonable doubt as to their authenticity or accuracy shall be deleted immediately.
- The Referrer confirms that the Job Candidate referred by the Referrer has agreed to the handover of the personal data to MWW for the purpose of job mediation. The Referrer agrees not to misuse the service by referring persons who had not previously consented to the referral or by providing invalid contact details.
- The Referrer hereby agrees to the processing of his/her personal data pursuant to the provisions of Section 4 (e) of Act No. 101/2000, on Personal Data Protection, in order to be contacted in the event of entitlement to payment of the Remuneration. Payment of Remuneration is subject to submission of the valid identity card of the Referrer and verification of his/her identity.
- If MWW tries but cannot contact the Job Candidate within 96 hours and obtain his/her personal consent to the processing of his/her personal data, we will delete his/her record from our database.
- MWW is entitled to unilaterally change or amend these Terms and Conditions at any time.
- The Terms and Conditions in this wording are valid and effective from September 1, 2017.