RULES AND REGULATIONS OF THE INTERNET SERVICE PRACASPAWACZ.PL

Chapter 1. General Provisions.

  1. The legal basis for these Regulations is the Article 8, paragraph 1, item 1 of the Act of 18.07.2002 on the Provision of Online Services (i.e. Journal of Laws of 2013, item 1422) of the Polish Law. These Regulations shall specify in particular:
    1. Types and scope of the Services rendered online by the Service Provider;
    2. Terms and conditions of the provision of Online Services, including:
      1. Technical requirements necessary to cooperate with the ICT system which is used by the Service Provider,
      2. Prohibition against the provision of illegal contents by the Employers, Training Centers, Candidates and Users;
    3. Terms and conditions of concluding and terminating contracts on the provision of Online Services (hereinafter referred to as: the Agreement);
    4. Rules of complaints procedure.
  2. The herein used terms mean:
    1. Regulations – these “Rules and Regulations of the internet service pracaspawacz.pl”;
    2. The Act – the Act of 18.07.2002 on the Provision of Online Services (i.e. Journals of Law of 2013, item 1422, as amended);
    3. Service Provider – SZELEJEWSKI sp. zo.o sp.k in Rawicz (63-900), ul. Winiary 5A, no. lok.3. NIP 6991958901, REGON 366124402, KRS 0000652966, DUNS® 539523151;
    4. Service – internet service provided by the Service Provider in the domain pracaspawacz.pl;
    5. Employer – a natural person, legal person and an organizational unit referred to in Article 331 §1 of the Civil Code, conducting on his/her own behalf business or professional activity within the Republic of Poland and/or European Union countries, with the address of residence or office in this country, having an Account in the Service and using the Services provided online by the Service Provider;
    6. Training Center – a natural person, legal person and an organizational unit referred to in Article 331 §1 of the Civil Code, conducting on his/her own behalf business or professional activity within the Republic of Poland and/or European Union countries, with the address of residence or office in this country, whose purpose is to conduct training in welding, having an Account in the Service and using the Services provided online by the Service Provider;
    7. Candidate – adult, natural person, residing in the Republic of Poland and/or European Union, who has an Account in the Service and uses the Services provided online by the Service Provider;
    8. User – adult, natural person, residing in the Republic of Poland and/or European Union, who uses the Services provided by the Service, and who is not the Employer, Training Center or Candidate;
    9. Services – general services provided online by the Service Provider to the Employers, Training Centers, Candidates and Users, enlisted in Chapter 3 of the Regulations;
    10. Application Form – the form completed by the Candidate in order to make a response to the Employer’s job offer;
    11. Registration Form – the form completed by the Employer or the Training Center or the Candidate in order to create an Account;
    12. Account – a collection of resources and settings created by the individual Employers or Training Centers or Candidates within the Service;
    13. Privacy Settings – function of the Account enabling Employers, Training Centers and Candidates who uses selected Services to manage these Services appropriately, including self-modification of their scope.
  3. Service Provider renders Online services in accordance with the Regulations and provides Employers, Training Centers, Candidates and Users with the Regulations for free before the conclusion of the Agreement, and – at the request of Employers, Training Centers and Candidates – in a way that allows the acquisition, playback and saving of the contents of the Regulations with the use of the ICT system, which is used by the Employer, Training Center or Candidate.
  4. The Employer, Training Center, Candidate and User are obliged to comply with the provisions of the Regulations. They are not bound by the provisions of the Regulations, which were not made available to them in the manner referred to in paragraph 3.

Chapter II. Conclusion of the contract and terms and conditions of the provision of the Services by the Service Provider.

  1. This Agreement shall be concluded for an indefinite period of time, with:
    1. The Employer, Training Center and the Candidate – upon the correct completion of the Registration Form and the acceptance of the Regulations by clicking on the appropriate selection button.
    2. The User – upon his/her usage of any Services offered by the Service, with the exception of Services: Account, Apply Online, Job Advertisement, Advertisement of the Training Center and Advertisement for Training.
  2. Correct completion of the Registration Form involves providing:
    1. Login (e-mail address)
    2. Password
    3. Contact details
    4. Data for the VAT invoice (for the Employer, Training Center and the Candidate)
  3. The Employer, Training Center or Candidate while completing and submitting the Registration Form declares that the data contained therein is accurate, complete and do not violate any rights of third parties.
  4. Upon receipt of properly completed Registration Form the Service Provider creates an Account using e-mail address specified by the Employer, the Training Center or the Candidate as the name of the Account.
  5. The Employer, Training Center or Candidate is obliged to provide active, current e-mail address. This address is essential for his/her identification by the Service Provider and it is used for the exchange of all correspondence between the parties.
  6. The Employer, Training Center or Candidate shall be solely responsible for any damage caused to other entities as a result of disclosure of the Account password to a third party.
  7. Technical requirements necessary to cooperate with the ICT system which is used by the Service Provider are as follows:
    1. Ownership of a multimedia device with access to the Internet,
    2. Ownership of an individual e-mail account – in the case of the Employer, the Training Center or the Candidate,
    3. Internet browser Google Chrome version 40 or higher, or Mozilla Firefox version 35 and higher,
    4. Enabling on the web browser the acceptance of Cookies and Javascript.
  8. In the case of the Services accessible via mobile devices, the condition of their provision is to have a correct type of mobile device and the correct installation of the mobile application in the memory of this device.
  9. The Service Provider undertakes to provide the Services in case of:
    1. The Employer, the Training Center, the Candidate – not later that within 3 days of the conclusion of the Agreement and if the conclusion of the Agreement took place on a statutory holiday, not later than by the end of the subsequent working day,
    2. User – immediately.
  10. The Employer, Training Center or Candidate may at anytime request the deletion of his/her Account on the Service. A request to delete the Account for its validity requires a form of e-mail request sent to the Service Provider at the address: office@pracaspawacz.pl from an e-mail address of the Employer, the Training Center or the Candidate referred to in the Chapter 2, paragraph 5 of these Regulations. The request to remove the Account is synonymous with a request to remove all data associated with the Account and collected in the Service.
  11. The Account of the Employer, the Training Center or the Candidate is deleted in the case of his/her request to delete his/her Account immediately after the end of the period for which the services have been paid.

Chapter III. Types and scope of the Services.

  1. The Service Provider renders the following services:
    1. For Employers:
      1. Opening an Account (“Account” Service),
      2. Placing on the Service free of charge job advertisement provided by the Employer in the category chosen by him/her (WELDER, FITTER, LOCKSMITH). The publication time shall be 5 calendar days and there is no possibility of its automatic renewal. (Service – “JOB OFFER”, package “STANDARD”, 5 days – “FREE” advertisement). The issuance of the advertisement: placing an advertisement at the bottom of the list of advertisements in the given category.
      3. Placing on the Service payable job advertisement provided by the Employer in the category chosen by him/her (WELDER, FITTER, LOCKSMITH). (Service – “JOB OFFER”. The publication time shall be 1 calendar month, 2 calendar moths, 3 calendar months and there is no possibility of its automatic renewal, package “STANDARD”, “SILVER”, “GOLD”, “PLATINUM”).
      4. Additional highlighting of the advertisement:
        1. Highlighting the advertisement on the home page by randomly displaying it in the banner positioned on top of the main page pracaspawacz.pl. (Service – “RECOMMENDED ADVERTISEMENT”, “JOB OFFERS”, package: “SILVER”, “PLATINUM”),
        2. Highlighting the offer on the list of advertisements by displaying it at the top of the list of advertisements in the given category (service – “JOB OFFERS”, package: “PLATINUM”),
        3. Highlighting the offer on the list of advertisements by displaying it on the list of advertisements, under the advertisements classified in the package “PLATINUM” in the given category (service – “JOB OFFERS”, package: “SILVER”).
        4. Job advertisement – Highlighting an offer on the ad list’ services and ‘Job advertisement – Highlighting an advertisement on the portal’s homepage’ can be combined. Ordering of highlighting an advertisement services by the Employer is made by ticking the appropriate box in the add advertisement form.
      5. the possibility of receiving job applications from Applicants interested in a given job advertisement directly to the e-mail address of the Employer provided during registration process.
  2. for Training Center
    1. creating Account (‘Account’ service),
    2. posting payable advertisements about Training Centers on the Service, provided by Training Center, (Service- ‘WELDING SCHOOLS’. Advertisements remain valid for 1 month, 2 months, 3 months, 6 months, 1 calendar year, and there is no possibility for automatic renewal, package: ‘STANDARD’, ‘SILVER’, ‘GOLD’, ‘PLATINIUM’).
    3. additional highlighting an advertisement as:
      1. – Highlighting an advertisement on the portal’s homepage by random displaying it on the banner placed on the top of homepage of ‘pracaspawacz.pl’ portal. (Service- ‘RECOMMENDED ADVERTISEMENTS’, ‘WELDING SCHOOLS’, package- ‘SILVER’, ‘PLATINIUM’),
      2. Highlighting an offer on the ad list by displaying it at the top of the ad list in a given category (Service- ‘WELDING SCHOOLS’, package- ‘PLATINIUM’),
      3. – Highlighting an offer on the ad list by displaying it on the ad list, below promoted advertisements in ‘PLATINIUM’ package in a given category (Service- ‘TRAINING CENTERS’, package- ‘SILVER’),
      4. – ‘”Training Centers” Advertisement- Highlighting an offer on the ad list’ services and ‘”Training Centers” Advertisement- Highlighting an advertisement on the portal’s homepage’ services can be combined. Ordering of highlighting an advertisement services by the Training Centers made by ticking the appropriate box in the add advertisement form.
  3. for Training Centers:
    1. creating Account (‘Account’ service),
    2. posting payable advertisements about trainings on the Website, provided by Training Centre, in selected category (Service- ‘TRAININGS AND COURSES’. Advertisements remain valid for 1 month, 2 months, 3 calendar months, and there is no possibility for automatic renewal. Package – ‘STANDARD’, ‘SILVER’, ‘GOLD’, ‘PLATINIUM’).
    3. additional highlighting an advertisement as:
      1. – Highlighting an advertisement on the portal’s homepage by random displaying it on the banner placed at the top of homepage of‘pracaspawacz.pl’ portal. Service- ‘RECOMMENDED ADVERTISEMENTS’, ‘TRAININGS AND COURSES’. Package- ‘SILVER’, ‘PLATINIUM’,
      2. – Highlighting an offer on the ad list by displaying it on the top of the ad list in a given category (Service- ‘TRAININGS AND COURSES’, package- ‘PLATINIUM’), – Highlighting an offer on the ad list by displaying it on the ad list, below promoted advertisements in ‘PLATINIUM’ package in a given category (Service- ‘TRAININGS AND COURSES’, package- ‘SILVER’),
      3. – ‘”TRAININGS AND COURSES” ADVERTISEMENT- Highlighting an offer on the ad list’ services and ‘”TRAININGS AND COURSES” ADVERTISEMENT- Highlighting an advertisement on the portal’s homepage’ services can be combined. Ordering of highlighting an advertisement services by the Training Center made by ticking the appropriate box in the add advertisement form.
    4. g) the possibility of receiving job applications from Applicants interested in advertisement of training directly to the e-mail address of the Training Center provided during registration process.
  4. for Applicant:
    1. creating Account (‘Account’ service),
    2. posting free advertisements on the Website, provided by the Applicant, in selected category (WELDER, FITTER, LOCKSMITH). Advertisements remain valid for 5 calendar days and there is no possibility for automatic renewal. Service- ‘EXPERT DATABASE’. Package- ‘STANDARD’, 5 days – ‘FREE ADVERTISEMENT’). Advertisement posting: placing the advertisement at the bottom of the ad list in a given category.
    3. posting payable advertisements on the Website, provided by the Applicant, in selected category (WELDER, FITTER, LOCKSMITH). Service- ‘EXPERT DATABASE’. Advertisements remain valid for 1 month, 2 months, 3 calendar months, and there is no possibility for automatic renewal. Service – ‘STANDARD’, ‘SILVER’, ‘GOLD’, ‘PLATINIUM’.
    4. additional highlighting an advertisement as:
      1. – Highlighting an advertisement on the portal’s homepage by random displaying it on the banner placed at the top of homepage of‘pracaspawacz.pl’ portal. Service- ‘EXPERT DATABASE’, package- ‘SILVER’, ‘PLATINIUM’, – Highlighting an offer on the ad list by displaying it at the top of the ad list in a given category (Service- ‘EXPERT DATABASE’, package- ‘PLATINIUM’), – Highlighting an offer on the ad list by displaying it on the ad list, below promoted advertisements in ‘PLATINIUM’ package in a given category (Service- ‘EXPERT DATABASE’, package- ‘SILVER’),
      2. – ‘”EXPERT DATABASE” ADVERTISEMENT- Highlighting an offer on the ad list’ services and ‘”EXPERT DATABASE” ADVERTISEMENT- Highlighting an advertisement on the portal’s homepage’ services can be combined. Ordering of highlighting an advertisement services by the Applicant is made by ticking the appropriate box in the add advertisement form.
    5. the possibility of receiving job applications from Employers interested in Applicant’s advertisement directly to the e-mail address of the Applicant provided during registration process.
    6. the possibility of applying for positions included in job advertisements published on the Service(‘Apply’ service- online),
  5. for User- providing access to job offers, Training Center offers and offers of trainings published on the Service, including searching and sorting of the offers.
    1. In order to publish job offers, Training Center’s offer or advertisement of training, the Employer or Training Center shall complete appropriate form available on the Website. Posting (publication) of advertisement is subject to prior payment.
    2. The Service Provider has the right to suspend the publication of job offer, Training Center’s offer or advertisement of training on the Website, until such time as the Employer or Training Center has been verified. Such verification may involve request that the Employer or Training Center provides scans of relevant documents.
    3. The Service Provider makes a final decision on the publication of a given job offer, training Center’s offer or advertisement of training on the Website. If the Service Provider refuses to publish job offers, Training Centers offer or advertisement of training on the Website by the Employer or Training Center, that were paid, the Service Provider shall return the amount of the charge.
    4. The job offer, Training Center’ s offer or advertisement of training must not exceed 250 words, the word being regarded as a collection of marks followed by a space, punctuation mark or end of line.
  6. The Service Provider is not obliged to preserve the original formatting or the layout of the advertisement sent by the Employer or the Training Center. The Service Provider may modify the content of the advertisement as well as its parameters (regarding the professional area and position) to an extent justified by the need to ensure that the content of the advertisement and its parameters are reliable, in accordance with the law, the Rules and Regulations, and the facts and do not mislead the Applicants.

Chapter IV. Terms of payment

  1. Services provided by the Service Provider are free of charge, except for the following services: job advertisement, Training Center’s advertisement or advertisement of training and course and the applicant’s advertisement- package: ‘STANDARD’, ‘SILVER’, ‘GOLD’, ‘PLATINIUM’.
  2. The cost of publishing a job offer on the Website is specified in the Price List, which constitutes an appendix to these Rules and Regulations.
  3. The payment for the services provided by the Service Provider to the Employer is made via PayU service (www.payu.pl) by:
    1. transfer to a bank account held by the Service Provider,
    2. by payment card (debit or credit card).
  4. In case of Training Centers, the Service Provider allows payment for the advertisement by placing on the Training Center’s website the banner advertisement with a link to the Website, under the terms specified in separate agreement, which relates exclusively to ‘the Training Centers’ conducting activity in the Polish Republic.
  5. The Employer or the Training Center may receive the electronic invoice (e-invoice) in PDF (Portable Document Format) free of charge to the e-mail address provided during registration process, if two conditions are both satisfied:
    1. filling the appropriate statement of acceptance of receiving the invoices in the above-mentioned form, including specific data of the Client,
    2. clicking the activating link in an e-mail message sent by the Service Provider to the e-mail address provided during registration process by the Employer or the Training Center.
  6. Delivery of an e-invoice to the Employer or the Training Center exempts the Service Provider from delivering a paper version of the invoice to the Employer or the Training Center. However, the statement of the Employer or the Training Center referred to in paragraph 3, shall not deprive the Service Provider of the right to issue and to send paper invoices, duplicate invoices and correcting invoices by conventional postal system to the address of the Employer or the Training Center.
  7. The Service Provider shall begin issuing e-invoices on behalf of the Employer or the Training Center on receiving the Employer’s or the Training Center’s statement as referred to in paragraph 3, and not earlier than on the day following the receipt of the statement.
  8. Upon sending the e-invoice to the Employer or the Training Center to the address provided by the Service Provider, the e-invoice is deemed delivered.
  9. The Employer or the Training Center may waive the e-invoices by sending the Service Provider an email to: office@pracaspawacz.pl, with a resignation statement, in which the following are included: the name of the company, Tax Identification Number (NIP) and email address as referred to in paragraph 3.
  10. The Service Provider indicates that opting out from receiving e-invoices shall result in reverting to sending paper invoices, duplicate invoices and correcting invoices by conventional postal system to the address of the Employer or the Training Center.
  11. The Service Provider shall cease to send e-invoices to the Employer or the Training Center on the following day of receiving the resignation statement at the earliest.
  12. Upon the prior notification provided, the Employer or the Training Center may change the email address to which e-invoices are to be delivered. The said notification issued by the Employer or the Training Center shall be delivered to the email address specified by the Service Provider: office@pracaspawacz.pl and include the new email address. Failure to notify the Service Provider about changes, as mentioned above, e-invoices are deemed delivered to the Employer or the Training Center on sending e-invoice to the former email address of the Employer or the Training Center by the Service Provider.
  13. The Employer or the Training Center shall be obliged to immediately notify the Service Provider about changes in their legal status, registered office, forwarding address or any other identification data by completing the appropriate form.

    Chapter V. Rights and Obligations of the Service Provider, the Employer, the Applicant and the User

  1. The Service Provider is obliged to ensure continuous Service.
  2. The Service Provider has the right to:
    1. temporarily cease providing services due to maintenance works or works related with modification of the Website;
    2. send maintenance, legal and transactional messages regarding the Website to Employers, Training Centers or Applicants,
    3. refuse to provide Services if the Employer, the Training Center, the Applicant or the User breaches the Rules and Regulations;
    4. any modification of Services, tools and means of Website operation by changes to the Rules and Regulations.
  3. The Employer, the Training Center or the Applicant is obliged to provide accurate, complete and true data. Moreover, the Employer, the Training Center or the Applicant are obliged to refrain from:
    1. sending materials considered offensive, against the law or infringement of moral rights of third parties,
    2. using the Services for publication of advertisements of goods and services and any information of commercial character,
    3. copying, modifying, distribution, transmission or other use of any items and databases rendered accessible within the Website, with the exception of the standard use of the aforementioned,
    4. undertaking any actions that may hinder or disturb the working of the Website and to refrain from causing inconvenience to the Service Provider and other Employers or Training Centers, Applicants and Users by inappropriate use of the Website,
    5. the use of the Services that is unlawful, contrary to good practice, constitutes infringement of moral rights of third parties or legitimate interests of the Service Provider.
  4. The Service Provider reserves the right to block the access to the resources of the Employers, the Training Centers and Applicants if the said resources comprise any content conflicting with the Rules and Regulations, including material that is erotic, pornographic, containing illegal software or information about the manner of obtaining the said software, and other content that is unlawful, contrary to good practice or to legitimate interests of the Service Provider, if reliable and valid information regarding the subject was obtained.

Chapter VI. Personal data protection

  1. Each Employer, Training Center, Applicant, User and Service Recipient has the right to privacy secured by the Service Provider. Privacy policy is available n the Website and constitutes Annex to the Rules and Regulations.
  2. Providing personal information on the Website is always voluntary. However, due to the character of specific Services, failure to provide the requested personal information may result in prevention from using certain Services.
  3. Processing of personal data of the Service Recipient by the Service Provider as stated in art. 18, paragraph 1 and 2 of the Act, occurs solely for the purpose of correct execution of the Services determined in the Rules and Regulations.
  4. The Service Provider is the administrator of the Service Recipient’s personal data entered in the Website, and which data is stored and secured in accordance with the applicable legal regulations.
  5. The Service Recipient’s personal data is not provided to other entities for marketing purposes.
  6. The Service Recipient has the right to access and review their personal data.
  7. The Service Provider shall not be held responsible for any actions of employers that pertain to the content or scope of the personal data and for any damage following for the data subject.

VII. Complaint procedure

  1. The Users and the Service Recipients have the right to file complaints in matters relating to the Services, by electronic mail to office@pracaspawacz.pl A properly filed complaint shall include at least the following data:
    1. indicate the entity filing the complaint (name, surname and email address to which a reply should be delivered),
    2. subject and circumstances substantiating the complaint.
  2. Failure to provide the data, as described in art. 2 point 1 or 2, will result in the complaint being left unprocessed.
  3. All complaints shall be processed not later than within 14 days from filing.

    VIII. Termination of AGREEMENT

  1. The agreement for services delivered electronically may be terminated by any of the parties.
  2. The Employer, the Training Center or the Applicant has the right to terminate the agreement by removing the Account, and the User – by discontinuing the use of Services offered by the Website.
  3. The Service Provider has the right to terminate the agreement with the Employer, the Training Center or the Applicant to provide services at any time, including removing their account, if even one of the following is applicable:
    1. failure to pay the fee for posting the job offer/offers by the Employer, the Training Center of the Applicant
    2. violation of the Rules and Regulations by the Employer, the Training Center of the Applicant
    3. placement of false or unlawful content that constitutes infringement of moral rights of third parties or legitimate interests of the Service Provider on the Website or in the Account by the Employer, the Training Center or the Applicant,
    4. the use of the Service by the Employer, the Training Center of the Applicant that is contrary to its purpose,
    5. decision of the Service Provider based on valid information that the Account name is false, contrary to good practice or the law, constitutes infringement of moral rights of third parties or legitimate interests of the Service Provider,
    6. removing the email address used at the time of establishing the Account by the Employer, the Training Center or the Applicant
    7. receiving repeated notifications about overflown email of the Employer, the Training Center or the Applicant that disables further provision of the Services,
    8. inactive status or not updated Account of the Employer, the Training Center or the Applicant within the last 12 months.
  4. The Service Provider has the right to terminate the agreement with the Applicant of the User to provide services at any time, if even one of the following is applicable:
    1. violation of the Rules and Regulations by the Applicant or the User,
    2. placement of false or unlawful content that constitutes infringement of moral rights of third parties or legitimate interests of the Service Provider on the Website or in the Account by the Applicant or the User,
    3. the use of the Service by the Applicant or the User that is contrary to its purpose.
  5. The Service Provider shall notify the Employer, the Training Center, the Applicant or the User of termination of agreement to provide services (if it is technically possible) not later than within 24 hours from termination.
  6. The Applicant and the User, who is a consumer, have the right to withdraw from the agreement with the Service Provider by the PRACASPAWACZ.PL website, without stating the reason, in 14 days from the date of the agreement.

    GENERAL PROVISIONS

  1. Employers, Training Centers, Applicants and Service Users may contact the Service Provider on any matters other than complaints on: SZELEJEWSKI sp. z o.o. sp.k in Rawicz (63-900), ul. Winiary 5A / 3. ; e-mail: office@pracaspawacz.pl, FAX: +48 65 619 44 44
  2. The Rules and Regulations shall come into force on 27.04.2017r.
  3. The Service Provider may change the Rules and Regulations, and any changes come into force after 7 days from publication of the changed Rules and Regulations on the Website.
  4. The Service Provider informs the Employer, the Training Center, the Applicant and the User about changes in the Rules and Regulations by additional publication of this information, which shall be displayed for 7 days from implementing changes.
  5. If the Employer, the Training Center, the Applicant and the User does not agree to the changes in the Rules and Regulations, it is possible to terminate the agreement to provide services within 14 days from receiving the notification of changes.
  6. The Rules and Regulations and agreements to provide electronic services with the Employer, the Training Center, the Applicant and the User are subject to the Polish law.
  7. Any disputes arising from the provision of services on the basis of the Rules and Regulations shall be resolved by the Polish court of law with jurisdiction over the Service Provider’s registered office.
  8. Notwithstanding the Rules and Regulations, the Employer, the Training Center, the Applicant and the User can resort to out-of-court complaint and redress mechanism.
  9. In matters not covered by the Rules and Regulations, the provisions of the Data Protection Act of 29 August 1997 (i.e. Journal of Laws 2014, No. 1182, 1662) and the Civil Code are applicable.
  10. Annexes shall form an integral part of the Rules and Regulations.

Annex 1