Appeddix 5 to the Regulations – Secure Company Suite

1. The SECURE COMPANY SUITE (hereinafter: SBP) constitutes an extra service of the TRANS SERVICE, which aims at increasing safety of transactions made by USERS of the TRANS system and countering dishonesty and promoting honesty in economic relations on the TRANS Exchange.

2. The SCS covers the following tools used for verification of safety of transactions conducted on the TRANS Exchange:

1) TransRisk
2) Business Rating System
3) Add Debtor

3. TRANSRISK

3.1 TransRisk index is a rating of risk of failure to conduct or improper conduct of a transaction by a given USER of the TRANS Exchange (the so-called transaction risk).

3.2 The TransRisk rating covers USERS subscribed to the SCS tool.

3.3 The TransRisk rating is presented in two forms:

1) numerical – scale from 100 to 700, in the case of which:
a) “100” – shall mean no or slight transaction risk,
b) “700 ” – shall mean high transaction risk,
2) verbal – the scale: “no risk”, “minimum risk”, “low risk”, “medium risk”, “high risk” and “very high risk” in the case of which “no risk” shall mean no or slight transaction risk and “very high risk” – shall warn against concluding the transaction.

3.4 The TransRisk rating is calculated with the use of:

1) data provided by the ADMINISTRATOR,
2) EXTERNAL data,
3) USER’S questionnaire data,
4) rating system data (the so-called business rating system),
5) „Add Debtor" system data.

3.5 The TransRisk rating shall be visible in data of the USER’S account and next to the USER’S name available on the TRANS Exchange.

3.6 The ADMINISTRATOR shall not be obliged to give a TransRisk rating, in particular if there are no reliable data in the system allowing for the USER verification.

3.7 A user who has not purchased access to the SCS tool shall have the status of an "unverified business".

3.8 At the user’s request, publication of their TransRisk rating may be stopped. A user who has applied for stopping publication of the TransRisk rating shall obtain the "verification cancelled” status.

3.9 The ADMINISTRATOR shall make every effort to ensure that data being the basis of calculation of the TransRisk rating and the value of the TransRisk rating of each rated USER are authentic, true, valid and reliably calculated according to uniform mathematical rules and methods. In particular, the ADMINISTRATOR shall organise the system of verification of ratings given.

3.10 The ADMINISTRATOR shall not bear maximum responsibility stipulated by valid legal regulations for the authenticity, legitimacy and truthfulness of the EXTERNAL data (point 3.4.2), USER’S questionnaire data (point 3.4.3) and the rating system data (the so-called business rating system) (point 3.4.4). The responsibility for the above-mentioned areas shall rest exclusively with entities which provide the data.

3.11 At the request of competent authorities, the ADMINISTRATOR shall make available all data necessary to execute relevant legal remedies against other USERS or external entities, in the case of a well-founded suspicion that data provided by those entities for the purpose of calculating the TransRisk rating were not authentic, true or contrary to fair competition rules.

4. Data provided by the ADMINISTRATOR

4.1 Data provided by the ADMINISTRATOR constitute a systematized set of feedback ratings given to the USERS of the TRANS service by the ADMINISTRATOR.

4.2 The feedback rating may be positive or negative.

4.3 The ADMINISTRATOR may give a positive feedback rating to a USER whose activity in the TRANS service has positive influence on the functioning of the TRANS service and the safety of transactions made with the use of the service between USERS, in particular due to:

1) positive activity of the USER in the TRANS service community, including the TRANS forum, i.e. objectivity of statements, compliance with netiquette rules and substantive input in discussions,

2) the status of the TRANS application beta-tester and USER’S valuable comments on the functioning and upgrading test versions of the program,

3) USER'S input in providing the ADMINISTRATOR with information about irregularities in the functioning of the TRANS service, in particular those concerning infringement of the REGULATIONS of the use of the exchange by other USERS.

4.4 The ADMINISTRATOR may give a negative feedback rating to a USER who infringes the TRANS REGULATIONS and/or whose actions are harmful for the functioning, image and safety of the TRANS service, in particular due to:

1) frequent infringement of the TRANS REGULATIONS despite ADMINISTRATOR'S warnings,

2) falling behind with payment of the subscription and avoiding making payments,

3) conduct inconsistent with business fairness and decency towards the ADMINISTRATOR’S employees and USERS of the TRANS service.

5. EXTERNAL data

5.1 The sources of the EXTERNAL data are as follows:

a) ADMINISTRATOR'S independent business partners who professionally deal with examination and assessment of entrepreneurs’ credibility (credit agencies),

b) the register of entrepreneurs and the register of debtors of the National Court Register,

c) the Business Activity Register.

5.2 The USER is aware that the ADMINISTRATOR shall bear no responsibility for reliability, truthfulness and lawfulness of the way of obtaining the EXTERNAL data by entities providing those data and that the USER may make any claims arising therefrom only against those entities, excluding the ADMINISTRATOR. At the USER’S request, the ADMINISTRATOR shall reveal the source of information about the USER that constitutes the EXTERNAL data.

6. USER'S questionnaire data

6.1 The source of the USER’S data is information provided by the USER in the TRANS questionnaire. Completing the TRANS questionnaire is voluntary and shall not constitute a condition of getting access to the Secure Company Suite. However, completion of the questionnaire is recommended in the case of USERS wishing to improve their TransRisk rating.

6.2 The current version of the TRANS questionnaire is available on the TRANS service website.

6.3 The USER shall provide reliable and true data in the questionnaire as well as all other declarations and documents being the basis for calculating the TransRisk rating.

6.4 The USER may provide the ADMINISTRATOR with documents confirming data provided in the questionnaire (e.g. positive bank opinions, information about obtained certificates, letters of recommendation written by reliable business partners, evidence of implementation of ISO procedures and standards, etc.).

6.5 The USER who provides false data or conceals the truth in the questionnaire shall bear civil and criminal liability according to applicable regulations. The ADMINISTRATOR reserved the right to give the USER who provides false information or conceals the truth negative feedback rating that shall be added to the TransRisk rating and apply further sanctions used in the case of infringement of the REGULATIONS.

7. USER feedback rating system – TRANS business rating system

7.1 The TRANS business rating system is a system of mutual ratings of USERS who have concluded transactions on the TRANS Exchange.

7.2 Each USER may give their feedback rating to other USERS they have concluded transactions with. The opinions are public and available to the USERS of the TRANS service who have subscribed to the SCS service.

7.3 The feedback rating may be positive or negative. A positive feedback rating shall mean that the rated USER has conducted a transaction with no substantial reservations. A negative feedback rating shall mean that the rated USER has not conducted or improperly conducted a transaction.

7.4 A USER may also get a negative feedback rating in the case when, even though they have performed a transaction, the USER’S attitude and behaviour grossly violate the universally accepted decency and business fairness rules.

7.5 The positive feedback decreases and the negative feedback increases the TransRisk index transaction risk rating.

7.6 Only one feedback rating may be given to a USER.

7.7 As far as feedback is concerned, the ADMINISTRATOR recommends application of the following rules:

1) one transaction – one feedback,
2) always give well-thought-out feedback as you bear legal responsibility for its content,
3) your feedback shall be fair, true and concern a concrete transaction,
4) give a negative feedback only when amicable clarification and dealing with a problem with business partners has not given satisfactory results,
5) do not give negative feedback on a transaction you have not performed properly,
6) a USER with a TransRisk rating lower than 200 points may be given negative feedback only after 14 days of the day when the USER was obliged to carry out the transaction,
7) actions which may result in artificial inflation of credibility by increasing the number of positive feedback ratings are not allowed.

7.8 The responsibility for authenticity, legitimacy and truthfulness of feedback ratings given in the TRANS business rating system shall be borne by the USER who has given the feedback rating.

7.9 The ADMINISTRATOR shall not interfere in the content of the feedback ratings except for the following situations:

1) a competent state authority demands removal of the feedback,

2) within 30 days of giving the feedback, the rated USER has explicitly proven, based on documents provided to the ADMINISTRATOR, that the feedback rating is unfair, untrue and should be deleted,

3) both USERS being parties to the transaction being rated unanimously demand deletion of one or both feedback ratings given and the application for deleting the feedback rating(s) will be filed within 45 days of giving the feedback rating at the latest. Each USER may file only one such application within 90 calendar days.

8. „Add Debtor" system data

8.1 “Add Debtor” is a service that only improves the safety of the transactions made on the Trans Exchange . With regards to above the ADMINISTRATOR can apply against the USER all the repressions specified in Regulations of the TRANS Exchange”.

8.2 Notifying the receivables influences the TransRisk index that is created by each USER who rates the contractors financial credibility which are using TRANS Exchange.

8.3 The “Add Debtor” may be used to the full extend exclusively by USERS who have subscribed to the Secure Company Suite or have obtained access thereto upon the ADMINISTRATOR’S consent.

8.4 Detailed rules governing the “Add Debtor” system are presented in Annex No. 5 to the Regulations – Regulations of the TRANS Receivables Exchange.

9. RATING CHANGE APPLICATION

9.1 A USER who is not satisfied with their TransRisk rating may file a rating change application with the ADMINISTRATOR.

9.2 The rating change application shall be prepared in writing and sent by registered post to the following address:
Logintrans Sp. z o.o.
Wysoka, ul. Chabrowa 4
52-200 Wrocław 65

9.3 The rating change application may be submitted within 14 days of publication of the questioned TransRisk rating. The date of delivery of the application to the ADMINISTRATOR’S registered office shall prevail. Applications delivered thereafter will not be considered.

9.4 During the proceedings concerning change in the rating, the USER’S TransRisk rating shall not be visible, and the USER shall be given the status of an "unverified business”.

9.5 Examination of a rating change application may consist in the following:

1) verification of the correctness of calculation of the TransRisk rating with the use of existing data,

2) recalculation of the TransRisk rating with the use of new data that have not been taken into account.

9.6 Submission of a rating change application may result in maintaining or lowering the existing rating.

9.7 Submission of a rating change application may not deteriorate the TransRisk rating.

9.8 Following examination of a rating change application, the USER shall obtain the lower from the two TransRisk ratings — the original rating and the rating obtained as a result of examination of the application. If the rating obtained as a result of the application is higher than the rating originally calculated, the original rating shall be applied.

9.9 The USER shall be informed about the results of the complaint before they are published in the TRANS service.

9.10 The examination of a rating change application shall end with a report compiled by an Administrator’s consultant sent to the valid e-mail address provided during registration or modification of account data. A user who is not satisfied with the results of the examination shall have the right to terminate the TRANS USER Contract with a two-week notice. In such a case the USER shall be entitled to fees they have paid proportionally to the period remaining to the termination of the Contract.

9.11 If the value of the TransRisk rating obtained as a result of consideration of a rating change application is equal to or higher than the original value, the USER shall be informed about causes of such a result and methods of improving the TransRisk rating.

9.12 Chapter 4 of the TRANS Regulations entitled “Complaints” shall apply to all the matters not provided for herein.