7. Complaints Resolution
7.1. Scope of the NEN System Operating Rules for complaints resolution and the circle of authorized persons to submit a complaint
7.1.1 A registered entity that has utilized or intended to utilize NEN system services for the purpose of implementation or participation in a procurement procedure may submit a complaint to the NEN System Operator via the ServiceDesk for the investigation of alleged violations of the NEN System Terms of Use or the NEN System Operating Rules by the NEN System Operator that occurred during the implementation of the procurement procedure and resulted in actual or potential harm to the rights of the registered entity (hereinafter referred to as the "complaint"). Complaints cannot be directed against technical matters related to the operation of NEN.
7.1.2 Furthermore, any person who has requested registration and has not been granted registration or has not been granted it within the specified period is entitled to submit a complaint.
7.1.3 The persons referred to in sections 7.1.1 and 7.1.2 are collectively referred to as complainants.
7.1.4 The NEN System Operator is not authorized to address complaints regarding the legality of the implementation of a procurement procedure.
7.2. Complaint essentials
7.2.1 A complainant shall provide the following identification details in the complaint:
the name under which they are registered in the NEN system (in the case of an unregistered entity, they should provide the trade name/business name/name and surname, addendum to the official name of the economic operator- addendum to the trade name/business name/name and surname of the economic operator, if used);
registered office, place of business, or residence;
organization ID number (IČO);
contact information (email and telephone number).
7.2.2 A complaint must also include:
detailed description of the circumstances in which the alleged violation of the NEN System Terms of Use or the NEN System Operating Rules occurred;
the complainant's requests.
7.3. Procedure for submitting a complaint
7.3.1 A complainant submits a complaint via the NEN system or the data box of the NEN System Operator.
7.3.2 In the cases where it is not possible to submit the complaint to the NEN System Operator via the NEN system (e.g., due to technical outage of the NEN system) or the data box, the complaint can be submitted to the NEN System Operator's email address. Such a complaint must be accompanied by a qualified electronic signature.
7.3.3 Submission made in any other form or manner cannot be considered a complaint submitted in accordance with the NEN System Operating Rules, and the NEN System Operator is not obliged to address it.
7.4. Resolution of a complaint by the NEN System Operator
7.4.1 If the NEN System Operator identifies any violation of the NEN System Terms of Use, the NEN System Operating Rules, or any other misconduct, the NEN System Operator is obliged to take immediate corrective action and inform the complainant of the result no later than 5 working days from the receipt of the complaint. If the NEN System Operator transfers the complaint to the NEN System Administrator, the complainant will be notified of this fact, and the time limit for resolution is interrupted.
7.5. Submitting a complaint to the NEN System Administrator
7.5.1 If the NEN System Operator fails to provide a remedy within the specified time period, the complainant has the right to file a complaint directly with the NEN System Administrator by sending a complaint signed with a qualified electronic signature to the NEN System Administrator's email address or through the data box.
7.5.2 The NEN System Administrator shall investigate the complaint and inform the complainant of the investigation results. In case violations of the NEN System Terms of Use or the NEN System Operating Rules by the NEN System Operator are identified, the NEN System Administrator shall ensure the remedy based on the agreement concluded between the NEN System Administrator and the NEN System Operator.
7.5.3 By registering in the NEN system, the NEN System Operating Rules, the NEN System Terms of Use, the Electronic Auction Rules in the NEN system, and other regulations related to the operation of the NEN system become binding for registered entities in the NEN system and their users (referred to collectively as a "NEN System User" in section 7.5. of the NEN System Operating Rules). A NEN System User is responsible the accuracy, completeness and topicality of all information submitted to the NEN system during the account registration or when updating the information recorded in their account, in accordance with the NEN System Terms of Use.
7.5.4 The NEN System Operator informs NEN System Users, via operating information on the public portal of the NEN system, about any extraordinary situations that could affect the NEN System User's compliance with the law. If the NEN System Administrator states recommended corrective measures in the operating information, the NEN System User bears the costs of implementing the corrective measures within the procurement procedure, regardless of whether the corrective measure was recommended by the NEN System Administrator. The registration of a NEN System User in the NEN system does not impose an obligation on the NEN System Administrator to bear the costs of implementing corrective measures, including any resulting damage or loss of profit.
7.5.5 A NEN System User agrees that the conditions of registration in the NEN system, including the conditions specified in the NEN System Operating Rules, are reasonable and customary and do not contain any provisions that would be unreasonably expected.
7.5.6 The NEN System Administrator is not responsible for the availability or functionality of applications and their features referenced in the NEN system if they are administrated by a third party.