Terms of use

1. Parties and scope

The service is provided by the law firm Advokatų profesinė bendrija „Jurkonis ir partneriai LINDEN“, company code 304034743, Pylimo g. 19-16, LT-01141 Vilnius (“Linden”).

The client is a company or other employer that creates an account and orders the service (“Client”). The service is offered only to legal entities and sole traders, not to consumers. By ordering, the Client confirms that it acts for business or professional purposes and gives its company or business registration code.

The Client accepts these terms when creating an account and ticking the acceptance box.

These terms apply together with the privacy policy. Where a separate contract is signed with the Client, that contract prevails.

2. The service

The service has two parts:

• the online tool: job scoring, job groups and pay ranges, staff list upload, a pay-gap check, preparing the pay system document and sharing it with staff;
• the lawyer's review: a Linden lawyer reviews the pay system the Client prepared before the final document is issued. This is a legal service.

The tool works in Lithuanian and English.

3. Account

• The Client appoints the people who use the tool on its behalf and is responsible for their actions.
• Sign-in details may not be shared with others.
• If the Client notices unauthorised access, it tells us at once at info@linden.lt.

4. Client's duties

• Provide correct and complete data about jobs, pay and employees.
• Have a legal basis to upload employees' data and inform employees about its processing.
• Carry out the staff information and consultation procedures and approve the pay system itself. The employer approves the pay system, not Linden.
• Not upload data the service does not need, in particular special categories of personal data.

5. Linden system suggestions

The Linden system guides the Client step by step and suggests scores, groups and pay ranges (providers are named in the privacy policy). Suggestions use employees' pay, working time, job group and sex, but names are first replaced by codes. The tool does not collect personal ID codes.

The Linden system's suggestions are only suggestions. The Client assesses them and accepts or changes them, and a Linden lawyer reviews the pay system. The Client is responsible for the final decisions.

6. The lawyer's review

A Linden lawyer checks whether the pay system meets the requirements of Labour Code Article 140 and gives comments. The final document is issued only after the review.

The review relies on the data the Client provides. Linden does not check whether facts given by the Client, such as salaries or job descriptions, are true.

The lawyer completes the review within 5 working days after the Client submits the pay system for review. The price includes one review and one round of corrections on the Client's comments, made within 5 working days of receiving them. Further rounds of comments are charged at Linden's hourly rate, which the Client is told in advance.

The works council and staff trustee election packages consist of documents and a procedure prepared by Linden lawyers, which the Linden system runs automatically: it computes the deadlines, prepares the documents, informs staff and reminds the Client of every step. There is no separate lawyer review of each Client's election. The Client is responsible for the accuracy of the data it provides and for signing the documents and taking the steps by the dates the system sets. The amount paid is not refunded once the Client downloads the first document.

7. Price and payment

The price and what it includes are shown before ordering. Payment is made through Paysera or against an invoice from Linden. VAT is added to the price shown. Payment is made in advance: at once through Paysera, or within 14 days of the invoice date. The review starts and the final document is issued only once payment is received; the period in section 6 runs from the later of payment and submission for review.

The Client may cancel the order and get back the full amount paid until the lawyer has started the review (Linden marks the start in the tool and tells the Client by e-mail). Once the review has started, the amount paid is not refunded. For the works council and staff trustee election packages, the last paragraph of section 6 applies.

8. Personal data

Linden processes the data of the Client and its employees provided in the tool as a controller, in providing legal services. How this is done, who receives the data and what rights data subjects have is set out in the privacy policy. The Client ensures that it is entitled to provide this data to Linden.

Service providers and retention periods are listed in the privacy policy.

9. Confidentiality

Linden keeps confidential all information the Client provides while using the service, except where it must be passed to the service providers named in the privacy policy or disclosed by law. When providing legal services, advocates are bound by professional secrecy (Law on the Bar, Article 5(4) and Article 46(5)).

10. Liability

• Linden is responsible for carrying out the lawyer's review properly under these terms and the law.
• Linden is not liable for damage caused by incorrect or incomplete data provided by the Client, or by the Client not following the lawyer's comments.
• The tool may be temporarily unavailable for maintenance or technical faults. We will try to announce planned work in advance.

Linden's total liability to the Client under these terms may not exceed EUR 58,000. This limit does not apply to damage caused intentionally or by gross negligence, to non-pecuniary damage, or where the law does not allow liability to be limited.

11. Rights to content

The tool, its code and the scoring method belong to Linden. The Client may use its own pay system document and its other data in its business without limit.

12. Changes and termination

• Linden may change these terms and will notify the Client of material changes by e-mail at least 30 days in advance. If the Client does not agree, it may stop using the tool and close its account before the changes take effect.
• The Client may stop using the tool at any time and ask for its account to be closed.
• When the account is closed, the Client can download its documents. Linden keeps the account data, including employees' data, for 1 year after the account is closed so the Client can download it or return, and then deletes it. The Client may ask for earlier deletion.

13. Governing law and disputes

These terms are governed by the law of the Republic of Lithuania. The parties first try to settle disputes by negotiation, and failing that in the courts of the Republic of Lithuania.

Send questions to info@linden.lt or call +370 5 212 1506.