General terms and conditions

GENERAL COMMERCIAL TERMS AND CONDITIONS

Article I
Introductory Provisions

  1. Company Profesia s. r. o., with its seat Pribinova 19, 811 09 Bratislava, IČO: 35 800 861, DIČ: 2020280933, IČ DPH: SK2020280933, registered in the Commercial Register kept by the Registration Court in Bratislava I, section: Sro, insert nr.: 22949/B (hereinafter referred to as the "Provider"), is the provider of the website www.domelia.sk (hereinafter only „Website“).

  2. The Provider issues these General Commercial Terms and Conditions (hereinafter referred to as "GCTC"), which shall regulate certain rights and duties of the Provider and individuals concerning the use of the Services provided through the Website.

  3. GCTC are obliging for all users of the Website Services and shall form an integral part of any contract with the Provider.

  4. Definition of Terms. The terms stated below shall have in the GCTC and/or in a Contract following meaning:

    • Services are all services provided by the Provider through the Website,
    • Advertising is a kind of Service, that represents publishing of advertising announcements in a text form or with a photo documentation on the Website; it refers especially to jobs as babysitting, household help, tutoring, senior or disabled care, handyman, health and beauty
    • Profil is a sort of Service that presents posting announcements in a text form, possibly with photo documentation on the Website; the services concerned are especially child care, housekeeping, tutoring, senior or disabled care and services in health and beauty area
    • Advertisment is a specific kind of Service, that represents publishing of advertising announcements in a graphic and/or text form on the Web site, especially in the form of an advertising banner or an advertising article.
    • The Household is a Client, that as a natural person is looking for a helper to meet his needs or the needs of his family members.
    • The Helper is a Client, who as a natural person uses the Services of the Website in order to carry out a job for the Household.
    • The Company is a business partner, who uses the Services of the Website for the purpose of providing services for Households or of looking for a Helper to meet the needs of his clients.
    • The Client is an individual or a business partner who in accordance with these GTCT publishes on the Website Advertisements or the Profile or who publishes Advertising. The Client, who who is in accordance with these GTCT interested in publishing the Profile on the Website, must be in the time of the first publishing at least 16 years old.
    • References and evaluations are information about the Helper or the Company, referring to the previous work experience with providing services for the household
    • .
    • Cookies – are small files that can be downloaded into devices like PC, tablet, mobile phone etc. of Households, Helpers or Companies while using the web site. The operator uses cookies to find out about the efficiency of the web site. Cookies in general have no information serving to identify persons but instead they are used to identify the browser in a concrete device. Cookies can be temporary or permanent that will stay in the device of the Household, the Helper or the Company also after closing down the browser for a period given in the cookie. These permanent cookies can be checked at every visit on the web site. The information that will be collected through the web site contain: the type of the browser, the internet address from which the connection to the web site has been made, the operational system of the device, the IP address of the device. To display more relevant advertising some cookies are given through the advertising system of third parties, such as Google Adsense. This can be turned off in the Google account. The PC can be set in such a way that it would refuse cookies, although in such case it is possible that some functions of the web site will not be functional.

Article II
Services provided for the Clients

  1. Publishing of advertisements. After a successful registration the Household or the Company is entitled to publish through the Website Advertisements. Advertisement can be published on the Website for a maximum of thirty (30) days. During the time of publishing the Advertisement the Client is entitled to modify it according to his own needs, but he is not entitled to change the originally given type of job. The Provider reserves the right not to publish the Advertisements, that have identical contents.
  2. The Client is obliged to secure the contents of the advertisements so that it would be in accordance with the legal regulations of the Slovak Republic, with these GCTC and/or the contract, especially:
    • to publish under the terms of Advertisement only job offers referring to babysitting, senior or disabled care, household help, tutoring, handyman and services in the health and beauty area; in Advertisements he must not offer other products or services, or even enter any advertising or promoting information or announcements that are contrary to good manners,
    • to modify the contents of the Advertisement so that it would not interfere with the rights of other persons and so that it would not damage in any way their reputation and would not damage their other rights declared in the Constitution of the Slovak Republic and the respective legal regulations of the Slovak Republic,
    • under the terms of Advertisements to not publish the exact address of place of living, the phone number, the e-mail address, date of birth and birth registration ID number and any data that could be considered pursuant §4 Act No.122/2013 Coll. for personal information; The Provider reserves the right to remove these data from the advertisement, or not to publish such Advertisement. The contact data as the phone number of the Client, his e-mail address can be only given in the designated place; it cannot be in any case an identificator of a specific individual.

  3. The Client is fully responsible for the contents of the Advertisement, including the text and profile pictures. If the Advertisement contains any graphic representation, a photograph or another result of a mental creative activity, only the Client is responsible for the satisfying of the requirements of the author of such work, or for acquiring the consent with publishing the persons displayed in the photographs, profile pictures. In the case of raising a claim or demanding a sanction from the Provider because of violation of the rights of any third parties mentioned in the previous sentence the Client agrees that he will satisfy these claims and/or sanctions that he will reimburse the Provider in full extent.
  4. Publishing of an Advertising. The Advertising is published on the basis of an order and/or on the basis of a contract.
  5. The contents of the Advertising can be especially an advertising announcement focused on the promotion for the Client and/or goods and services offered by the Client. The Advertising must be in accordance with the valid legal regulations of the Slovak Republic. Other detailed regulations for publishing an Advertising can be a subject to a contract.
  6. If it has not been stated otherwise in the contract, for the publishing of an Advertising other regulations of these GCTC will be used accordingly.
  7. Publishing of a Profile. After completing a successful Registration through the Website the Helpers or Companies can create their Profile. The Profile represents an offer for providing following jobs: babysitting, household help, tutoring, senior or disabled care, handyman and services in the health and beauty area, especially on the territory of the Slovak Republic. The Profile of the Helper or the Company can be published for the whole time of providing Services by the Provider, can be any time updated and the Helper can cancel it anytime. Creating the profile for Helpers is free of charge. The Helper has the right to highlight his profile, it means to place it on the top of the list by activating the "Premium membership". The Premium membership is charged according to the valid price list posted on the Website on the day of ordering the Service. The Helper agrees to pay an automatic fee for the Premium membership without any special authorization of the payment by the card holder. The method of payment along with the automatic fee is determined indefinitely, while the Client has the right to change or cancel it anytime within his registration. The payment of the fee for the Premium membership corresponds with the subscription period according to the current price list of the Provider. If the service terminates before the appointed time without the Provider's fault the Client has no right to claim a refund of the paid fee. The Provider is not responsible for not fully used up Services.
    Creating a profile for a Company is charged according to the valid price list posted on the Website on the day of ordering the Service.
  8. Publishing of an evaluation. The evaluation is an evaluation of the Helper or the Company by the Household or an evaluation of the Household by the Helper or the Company, in the form of answering questions referring to reliability, work efficiency, or provided work conditions and adding own comments. When entering the evaluation on the Website, the Clients are obliged to respect the rules given in these GCTC.
  9. Evaluations must come from own experience of the Client with the evaluated Client and must be objective and true.
  10. Under the terms of evaluating in the category "Comment" it is not permissible to give any information, that could discredit the Client or to cause him a detriment, especially any offending, dishonouring or vulgar statements or facts of intimate nature; the Provider has the right not to publish such contents of Evaluation and not to add it do the complete Evaluation of the evaluated Client..
  11. Evaluations of the Client should be in the interest of credibility of the data given on the Website complex, it means the evaluating person should give also his own commentary, apart from the choice of evaluation grades of the Client in the individual preselected categories.
  12. The Provider reserves the right to check the Advertising or the Profile or the Evaluation before publishing and not to publish them, or in serious cases block the account of the Client and to prevent him from further use of the Services, if:
    • at entering the Advertising the rules stated in these GCTC are violated,
    • the Client uses the data accessible on the Website are contrary to Section 3 of this article GCTC or if he enables such use to another person,
    • Advertising was added to a wrong category as the contents of the Advertising or it can damage the reputation of the Provider or other individuals and legal entities

Article III
Protection of personal data

  1. The Provider manages the personal details in accordance with Act No.122/2013 Coll. about the protection of personal data and as amended by Act No. 84/2014 Coll.

  2. Personal data can only be managed for the reasons of managing the registration created on the internet page and to provide services by the company Profesia spol. s r.o. The person concerned declares that the provided personal data are true and accurate and that they were given freely.

  3. The consent to manage personal data can be revoked by the concerned person anytime, otherwise it will expire after three years from the last login into the registration created by the concerned person on the internet page named above. Personal data will be provided or made available on the internet page to the registered potential employees or employers and third parties only under special regulations and for IT services.

  4. The Client is entitled to publish his photo or image himself; publishing these is forbidden when another identificator of the person concerned is given.

  5. Data of the Client, such as his telephone number, his e-mail address can be entered by the Client only in the designated space on the Website. The Provider is obliged to take relevant technical or other measures, so that this information would not be published directly on the Website, but that the Client would make it accessible only to those Clients who will ask him for it,

  6. Data for the purposes of invoicing the price for provided Services will be provided to the Provider only on the basis of the Client's application and his consent. The tax document will be issued pursuant Act No. 222/2004 Col. about VAT as amended on a request of the Client.

  7. The Provider recommends that before they come to a mutual agreement, the Clients request enough information and documents from the second party on whose basis it would be possible to verify all the published information as trustworthy, complete and up-to-date. The Provider does not collect any information, documents or other facts about their Clients. The Provider leaves it to the Clients' consideration if they publish a photograph under the terms of Advertising (publishing a photo on the Website is not compulsory). The Client himself decides about removing the photo; the photos are removed without a direct intervention of the Provider.

  8. The Operator informs Households, Helpers and Companies about the fact that through the Web site he uses Cookies files pursuant the Directive of the European Parliament and the Council 2002/58/ES about privacy and electronic communication. Households, Helpers and Companies agree to the use of Cookies by using the Web site. With the help of the internet browser they can block or delete Cookies. The Operator informs Households, Helpers and Companies that blocking Cookies can limit the full use of the Web site.

  9. The Participants of a competition follow the rules of the competition, where the organizer who at the same time i salso the Provider is obliged to manage participants‘ data pursuant Act No.122/2013 Coll about the protection of personal data as amended.

  10. The entire text of the protection of personal data of the company Profesia, spol. s r. o. is available on this page

Article IV
Duration, Modification, and Termination of Contractual Relationship

  1. To use any Services the Client is required to have a registration on the Website. The registration will be accomplished through the registration form. In the registration form the Client enters:
    • a valid contact e-mail address,
    • his own password with the required minimum number of characters,
    • name and surname,
    • other supplementary information (region of the place of living of the Client – Family, in which the carrying out of work is required, Regions of the sphere of activity of the Client - Helper, where the Client is ready to carry out the jobs, possible communication language, personal attitude to smoking, personal attitude to animals in the household, age and sex).

  2. By completing successfully the registration the Client will create his own on-line account, that is protected through a unique log-in name and password. The Client is obliged to protect the log-in name and password from misuse and he must not disclose them to third parties.
  3. After a successful registration a confirmation message will be sent to the Client on the given contact e-mail address, in which he will find the link to log in into the account on the Website.
  4. Through the registration on the Website the Client gives his consent to the Provider to shift the Advertising or the Profile according to own decision to other similar Internet advertising portals cooperating with the Provider.
  5. The Client is obliged to regularly update his registration data, his Advertising and his Profile published on the Website and in case of out-of-dateness terminate the publishing of the Advertising or the Profile.
  6. The Services of the Provider are ordered through the on-line account, exceptionally on the basis of a written (letter, fax, e-mail) or telephone order of the Client.
  7. The contractual relationship comes into being by confirming (through the Web site or through a letter or via fax or e-mail or by telephone interview) the ordered Service by the Provider. Providing the Service ordered by the Client is also considered as confirmation of the order. The contract is concluded for a definite period of time in the duration of the ordered Service with effect from the day of confirming the order by the Provider.
  8. The order confirmed by the Provider is binding, it can only be changed after mutual consent of both contract parties. The Provider is entitled to charge an administration fee for the change of the Order.
  9. Unless otherwise stipulated in the Contract, it is possible to terminate the Contract before expiring the period of validity thereof by a:
    • a written agreement of the contract parties.
    • withdrawal from the contract, in case the other Party seriously breaches its duties arising from the Contract or these GCTC.

  10. For the serious violation of the contract is considered especially:
    • publishing of any offending, discrediting, vulgar statement or information or a fact of an intimate nature,
    • publishing of a Profile or an Advertisement, that contains any graphic representation, photography or another result of mental creative activity contrary to the legal regulations of the Slovak Republic,
    • using the data of the Clients for the purpose, that is contrary to the function of the Website,
    • using the Services provided on the Website for mass sending of electronic messages or for sending messages containing information about products and services or sending messages containing information, contrary to the legal regulations of the Slovak Republic, ethical norms and good manners,
  11. A written announcement about the withdrawal from the contract is delivered to the other Contract party on his address given in the registration or on the e-mail address given by him
  12. If the contract terminates without the Provider's fault and the Client has not used the Services yet, the Client has no right to claim a refund of the agreed price. The Provider is not responsible for not fully used up Services.

Article V
Price for Services and Payment Terms

  1. The price for Services shall be calculated according to the Price List effective on the date of ordering of Services.

  2. The invoice (tax voucher) is issued pursuant to Act No. 222/2004 Z.z. about VAT as amended on the Client's request. The Provider will provide the ordered Service first after the payment of the price for the ordered Service, the Client will be informed about this fact by the Provider in advance.

  3. The Client is obliged to pay for the ordered Service via banking transfer to the Provider's account or through the CardPay Tatra banka or via SMS (text message) payment through Platbamobilom.sk, or by using gift vouchers through pay ways Edenred or Benefit Plus.

  4. Should the Client delay in paying the invoiced or ordered amount, the Provider is entitled to charge the Client a late payment interest rate of up to 0,1% of the due amount for each day of delay and, at the same time, is entitled to temporarily, until due payment of the ordered or invoiced amount, discontinue further provision of Services. Should the Client delay in paying more than 30 days the Provider is entitled to forward the claim to the mandatory of the debt collection company cooperating with the Provider. The costs for collecting the claim will become a part of the Provider's claim.

  5. Claims made in relation to the issued invoices, which may result in limitation of rights concerning the Provider’s receivables from the Orderer, must be made by the Orderer in writing with the Provider within 7 days following the delivery of the invoice.

  6. The Provider gives back sums of money to Clients only if in individual cases they are higher than 0,50 EUR.

  7. In case of cancelling an order by the Client, in which a text message (SMS) payment method was chosen, the Provider is entitled to charge an administration fee in the amount of 25% from the price of the order.

Article VI
Limited Liability of the Provider

  1. The Provider shall not be liable for the content of the service provided (posted) on the Website, especially not for its graphic representation (eg.: logo, photograph or another result of mental creative activity) and for its grammatical correctness. Only the Client is exclusively responsible for violating any rights of third persons by providing a Service on the Website. The Provider shall not be responsible for any damage caused by providing the Service on the Website.

  2. The Provider is not responsible for any direct or indirect loss or damage caused by publishing an Advertisement or a Profile on the Website or by using the data from the Website.

  3. The Provider shall not guarantee to the Clients finding a suitable person for providing the work or finding opportunity to provide work or finding suitable clients to be provided with his services and shall not be responsible in any way for the result, quality and level of performance of the Client.

  4. The Provider's activities are not paid job intermediation activities, he is not a commercial agent and/or plenipotentiary of the Clients and does not receive from Clients any form of provision for intermediating.

  5. The Provider is not responsible for the correctness and completeness of information posted on the Websites, neither does he provide any guarantee for the usage of such information for the relevant purpose.

  6. If the contract terminates without the Provider's fault and the Client has not used the Services yet, the Client has no right to claim a refund of the agreed price. The Provider is not responsible for not fully used up Services.

Article VII
Claim Guidelines and Liability for Faults

  1. Information about the Provider:
    - Name: Profesia, spol. s r.o.
    - Registered Seat: Pribinova 19, 811 09 Bratislava, Slovak Republic
    - Company Reg. No.: 35 800 861
    - Tax ID No.: SK2020280933
    - Register: Register of Companies with the District Court Bratislava I, Section: Sro, Insert No.: 22949/B
    - Phone: +421 233 456 585
    - E-mail: support@domelia.sk

    The Consumer (The Client within the intention the GCTC) is entitled to filing a claim by delivering their claim by e-mail to the e-mail address: support@domelia.sk. Claims are also processed over the telephone from 8am till 5pm on workdays. Clients are advised that the Provider, within the intention of the GCTC, is not responsible for the content of the Service provided (published) on the Web Site, especially for its graphics (e.g.: logo, photo or other product of mental creative activity) and for its grammatical correctness. Infringement of any third-party rights by providing a Service on the Web Site is the exclusive responsibility of the Client. The Provider is not liable for any damages caused by providing the Service on the Web Site.

  2. The Provider is not liable for any direct or indirect damage caused by publishing Advertising on the Web Site or by using data from the Web Site. The Provider does not guarantee the Clients’ finding a suitable person for providing work or finding an opportunity for providing work or finding clients nor does the Provider in any way give any guarantee or assume any responsibility for the outcome, quality and level of performance of a particular Client. The Provider is not acting as a broker, agent and/or authorised representative of the Clients and does not collect any form of agent’s fee from the Clients.
  3. The Provider is not responsible for the correctness and completeness of the information given on the Web Site and does not provide any guarantee for using such information for its specific purpose. Should the contract cease without the Client’s having used the Services ordered by the Client without fault on the part of the Provider, the Client is not entitled to receiving a refund of the price agreed. The Provider is not responsible for incomplete use of the Services. The Consumer has the right to file their claim in accordance with Act No. 250/2007 Coll. on consumer protection and on the amendment of Slovak National Council Act No. 372/1990 Coll. on Administrative Infraction as amended (hereinafter referred to as “Consumer Protection Act”).
  4. Should the Consumer file a claim according to the above Act, the Provider or an employee authorised by the Provider or an appointed person is obliged to inform the Consumer about their rights under Act No. 40/1964 Coll., the Civil Code as amended. Based on the Consumer’s decision as to which one of those rights the Consumer is claiming, the Provider is obliged to determine the manner of processing the claim under § 2, section m) of the Consumer Protection Act:
    - Immediately,
    - In complicated cases within 3 days of filing the claim at the latest,
    - In substantiated cases, especially if complex technical evaluation of the service is required, within 30 days of filing the claim at the latest.
    Once the claim processing period has elapsed, the Consumer is entitled to withdrawing from the contract or has the right to refund of the price paid for the claimed service.
  5. Under § 2 Section m) of the Consumer Protection Act, a claim is settled by providing a service again or by refunding the price paid for the claimed service. The Consumer is entitled to filing claims related to faults of the Service provided according to Act No. 40/1964 Coll., the Civil Code as amended (hereinafter referred to as the “Civil Code”).
  6. Under § 622 of the Civil Code, “in the case of a fault that can be repaired, the buyer has the right to having the fault removed for free, in a timely and proper manner. The seller is obliged to remove the fault without undue delay. The buyer may require an exchange of the item instead of removal of the defect, or, if only a part of the item is defective, the buyer may require a replacement of the part, unless the seller incurs unduly high costs in relation to the price of the item or the seriousness of the fault. The seller may always replace the faulty item with a fault-free item instead of removing the fault, unless this causes the buyer serious difficulties “
  7. Under § 623 “should the fault be irreparable and prevent the item from being properly used as a fault-free item, the buyer has the right to having the item exchanged or to withdrawing from the contract. The same rights pertain to a buyer should the faults be repairable, but the buyer is unable to use the item properly because of a fault occurring after a repair or because of a number of faults. Should there be other irreparable faults, the buyer is entitled to a commensurate discount on the price of the item.“
  8. These rules apply in a similar manner to the provision of services as well.

    Should the claim be filed through distance communication media, the Provider is obliged to delivering the confirmation of filing a complaint to the Consumer immediately; should it be impossible to deliver the confirmation immediately, it is to be delivered without undue delay, but along with the document confirming that the claim was processed at the latest;, the confirmation of filing a claim need not be delivered, should the Consumer be able to prove having filed the claim in another manner. The Provider is obliged to issue a written certificate of processing the claim within 30 days of the day of filing the claim.

  9. Alternative Dispute Settlement

    Should the Consumer be unhappy with the manner in which the Provider settled their claim or believe that the Provider violated their rights, the Consumer is entitled to contacting the Seller with a demand for rectification. Should the Provider either decline the Consumer’s request mentioned in the previous sentence or fail to answer it within 30 days of the Consumer sending it, the Consumer is entitled to starting an alternative dispute settlement according to the stipulation of § 12 of Act No. 391/2015 Coll. on alternative settlement of consumer disputes and on changes and amendments to several acts (hereinafter referred to as the “Alternative Settlement of Consumer Disputes Act”). The competent body for alternative settlement of consumer disputes with the Provider is:
    - Slovak Commerce Inspection, which can be contacted for the purpose specified under the address Ústredný inšpektorát SOI, Odbor medzinárodných vzťahov a ARS, Prievozská 32, poštový priečinok 29, 827 99 Bratislava or by e-mailing ars@soi.sk or adr@soi.sk,
    - another authorised legal body registered in the list of alternative dispute settlement bodies with the Ministry of Economy of the Slovak Republic (the list of authorised bodies is available under http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s ), where the Consumer has the right to choose which of the given alternative dispute settlement bodies to contact. The option of contacting a court of law is hereby not affected. To propose an alternative settlement of their consumer dispute, the Consumer may use the online dispute settlement platform available on the web site http://ec.europa.eu/consumers/odr/ .

  10. Under § 12, Section 3 of the Alternative Settlement of Consumer Disputes Act, the Consumer’s proposal for starting an alternative dispute settlement must contain:

    a) The Consumer’s name and surname, delivery address, e-mail and phone number, provided that the Consumer has those,
    b) The Provider’s (seller’s) exact name,
    c) A full and clear description of the crucial facts,
    d) A description of what the buyer as the Consumer is wishing to obtain,
    e) The date when the buyer as the Consumer contacted the Provider requesting rectification and the information that the attempt to settle the dispute directly with the Provider was unsuccessful,
    f) A declaration that no identical proposal has been sent to another alternative dispute settlement body, no court of law or arbitration court has decided in the matter, no mediation agreement has been entered into on the matter, nor has alternative dispute settlement according to § 20 Section 1, letters. a) through e) of the Alternative Settlement of Consumer Disputes Act been completed in the matter.
  11. The proposal may be submitted on paper, in electronic form or orally into minutes. To submit the proposal, the Consumer may use a form available for download on the Seller’s website www.profesia.sk and available also on the web seat of the ministry (http://www.mhsr.sk/alternativne-riesenie-spotrebitelskych-sporov-clr/146956s ) and of each alternative dispute settlement body. Along with the proposal, the Consumer shall attach documents related to the subject matter of the dispute, documenting the facts given in the proposal.

Article VIII.
Common and Final Provisions

  1. The Provider reserves a right to amend GCTC, while any amendments shall be immediately communicated to the Clients by means of publishing on the Websites, including the validity date thereof. The original GCTC cease to be valid on the validity date of new GCTC.

  2. All relationships not regulated in the Contract and/or GCTC shall be governed by the valid Slovak legal regulations.

  3. Contradicting provisions in the Contract shall prevail over GCTC. Application of GCTC may be excluded only by a written agreement of the Parties incorporated in the Contract.

  4. In case any provision in the Contract and/or GCTC becomes entirely or partially invalid, ineffective or unenforceable, validity and legal force of other provisions shall remain unaffected. The Contracting Parties undertake to replace such a void, ineffective or unenforceable provision with a new provision the meaning and intent of which closely resemble those of the provision that is being substituted as well as the contractual will expressed therein by the Contracting Parties. The Client takes into account, that the Advertising or Profiles published on the Website are as database protected pursuant Act No. 618/2003 Z. z. about copyright and the rights connected with copyright (Copyright Act) as amended, and the person entitled to these rights is the Provider. The Client is entitled to use the data accessible on the Website exclusively for looking up a suitable Advertisement, or a Profile for the purpose of using or providing of work in the way as it is stated in the GCTC and he is not entitled to use these data for any other purposes or enable its use for other purposes to another person. If he does so, he will be directly responsible for the damage caused by this as well as for violating relevant legal regulations and rights of the persons concerned. This does not affect the possibility for the Client to provide a Profile of an Advertisement to a third person, but only for the purpose of using or providing the Jobs to the third person.

  5. These GCTC enter into force on 6th September 2016