Regulamin Trans.eu Certified Carrier
Trans.eu Certified Carrier Regulations
On publishing these regulations, any previous regulations are no longer valid and are replaced by the new provisions.
Last update of regulations: 22.01.2015
1. PRELIMINARY PROVISIONS
1.1 Regulations for „Trans.eu Certified Carrier” (hereinafter referred to as the Regulations) specify rules of applying for and granting Trans.eu Certified Carrier certificate.
1.2 Whenever these Regulations mention:
a) Organizer – it shall refer to the organizer of the programme – Logintrans spółka z ograniczoną odpowiedzialnością with its registered office in Wysoka, at ul. Chabrowa 4, Wysoka, 52-200 Wrocław 65, Poland, entered in the register of entrepreneurs of the National Court Register by the District Court for Wrocław – Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under the number KRS 0000162430,
b) Trans.eu Certified Carrier (or: TCC) – it shall refer to a certificate with a unique number corresponding to a TransId number assigned in the Trans.eu System, granted by the Organizer to entrepreneurs operating in the transport industry that at the moment of verifying the application for the certificate show that they meet the conditions specified in par. 2.4 and 3 highest standards of rendering services, in compliance with safe cooperation principles,
c) User – it shall refer to the User defined in the Regulations for the provision of services and safety of Trans.eu, put at the following address: http://www.trans.eu/en/regulations,
d) Participant – it shall refer to the User of Trans.eu whose application for granting the certificate is being verified,
e) Certified User – it shall refer to the Participant who has been granted Trans.eu Certified Carrier certificate,
f) Official Partner of the Programme – it shall refer to an entity (e.g. association) that joined the programme as a partner and indirectly participates in the process of verification of candidates applying for Trans.eu Certified Carrier certificate. Information about partners of the programme is available at the following address: www.trans.eu/en/tcc,
g) Trans.eu System – (or: the „System”) it shall refer to an Internet information and service system of the Organizer, to be found on the website: www.trans.eu and at other related addresses, encompassing all services, information and documents, including Business Communicator with Additional Functions,
h) Derivative Account – it shall refer to the Derivative Account defined in Appendix no. 1 to the Regulations for the provision of services and safety of Trans.eu, put at the following address: http://dev.trans.eu/en/appendix-1,
i) Assessment and remarks system – it shall refer to the Assessment and remarks system defined in Appendix no. 6 to the Regulations for the provision of services and safety of Trans.eu, put at the following address: http://dev.trans.eu/en/appendix-6.
2. TRANS.EU CERTIFIED CARRIER
2.1 The purpose of granting Trans.eu Certified Carrier certificate is to distinguish and promote honest and reliable entrepreneurs operating in the transport industry and assistance in building safe transactions by way of publishing information about Certified Users.
2.2 Trans.eu Certified Carrier is a certificate granted by the Organizer to entrepreneurs conducting business in transport industry hat are authorized subscribers of Trans.eu, meeting the criteria specified in par. 3 of these Regulations.
2.3 Requests for granting Trans.eu Certified Carrier certificate are submitted by way of filling in the application available on the website: www.trans.eu/en/tcc.
2.4 Trans.eu Certified Carrier certificate is granted to Participants whose credibility, reliability and high quality of rendered services is proved by:
a) the amount of information provided in the account registered in Trans.eu, taking into account current contact details, added documents, registration of employees’ accounts,
b) the level of activity manifested by the number of completed transactions, prepared offers, opinions of contracting parties put in the Assessment and remarks system,
c) credibility supported by years of experience in the market and good reputation or recommendations of long-term and trusted Users of Trans.eu.
2.5 Accepting Trans.eu Certified Carrier certificate and its Regulations, the Participant gives consent to publishing of information about granting or withdrawal of Trans.eu Certified Carrier certificate on the website: www.trans.eu/en/tcc.
3. RULES OF GRANTING TRANS.EU CERTIFIED CARRIER CERTIFICATE
3.1 During the verification process and for the purpose of winding possible circumstances referred to in par. 5.2.1, the Organizer may demand that the Participant present additional documents and information.
3.2 The Organizer can make granting of Trans.eu Certified Carrier certificate conditional upon the fulfilment of the following criteria by the Participant:
a) filling in the questionnaire sent by the Organizer accurately and completely,
b) conducting business to be granted Trans.eu Certified Carrier certificate for a period of 3 years (calculated Since the date of entering the entrepreneur in a relevant register),
c) the level of activity of the company manifested by minimum 80 transactions concluded in Trans.eu as a carrier,
d) holding a positive opinion in Trans.eu expressed by:
– a minimum level of 95% of positive assessments and comments issued by contracting parties (both the assessment of a „payer” and a „carrier”),
– 20 transactions assessed positively in the Assessment and remarks system,
e) high standard of keeping the profile in Trans.eu, by way of updating data provided therein, including: information about the entrepreneur (e.g. the company, address, telephone number, e-mail, Taxpayer Identification Number, date of establishing the company, the number of vehicles, type of services rendered, type of body, capacity, the area of activity and information concerning means of transport, i.e. type, make, model, year of manufacture, equipment) and holding the enclosed set of documents (especially: Certificate of Taxpayer Identification Number, excerpt from the National Court Register, Certificate of Professional Competence, Road Transport Operator license and the Community license, civil liability insurance of the road operator in domestic and international transport and other specialist licenses and certificates),
f) not being entered on the list of debtors, the exchange of debts, and in other external registers containing information about unfavourable financial standing of the entrepreneur,
g) holding at least two active Derivative Accounts by the Participant.
h) holding and putting on the company’s profile a valid civil liability insurance of the carrier confirming insurance cover for each event of a fixed guarantee sum, including the insurance against robbery with violence and protection in case of events occurring during parking of vehicles outside attended car parks.
3.3 The Participant represents that:
a) no bankruptcy or liquidation proceeding are pending against the Participant, nor there are grounds for the initiation of such proceedings,
b) the fleet of the Participant meets Euro 4 emission standards or 90% of the fleet was produced after 2005,
c) the structure of the Participant’s income results in at least 30% from transport activity,
d) 50% of the Participant’s vehicles is equipped with GPS.
3.4 Verification of the Participant is carried out by the Organizer in cooperation with Official Partners of the Programme. During the verification process the following data and information are used:
– those put in Trans.eu, with particular impact on the information and changes in profiles (assessments, documents),
– those collected in business information data bases,
– those available in the forum of Trans.eu, at the debt exchange,
– those gained in generally available sources of information,
– those passed on by Official Partners of the Programme.
3.5 The Organizer has the right to grant the Trans.eu Certified Carrier certificate to the entrepreneurs that have not submitted the application but they meet the criteria referred to in par. 3 of the Regulations.
3.6 The Organizer may refuse to grant the Trans.eu Certified Carrier certificate even if the Participant fails to meet just one of the conditions provided for in the Regulations.
3.7 Irrespective of the fulfilment of the conditions specified in par. 3.2 of the Regulations, the Organizer may refuse to grant the certificate if there are justified suspicions as regards solvency or legitimacy of actions carried out by the Participant, and in the event of the Participant’s actions being detrimental to the brand of Trans.eu Certified Carrier or Trans.eu.
3.8 Trans.eu Certified Carrier certificate is granted for an unlimited period but it can be suspended or withdrawn in accordance with par. 5.2.1 and 5.3.1 of the Regulations.
3.9 The Participant shall be solely and exclusively responsible for the accuracy and timeliness of data provided in the verification process and put in Trans.eu.
3.10 In order to maintain Trans.eu Certified Carrier certificate, the Certified User shall be obliged to:
a) increase within a year calculated since the date of granting the TCC certificate the number of positive assessments by 5 new assessments registered in the Assessment and remarks system. Alternatively, the assessment can be replaced by positive recommendations put in the profile of the Certified Participant,
b) put stickers with the logo of TCC received from the Organizer on vehicles.
4. RULES OF USING TRANS.EU CERTIFIED CARRIER CERTIFICATE
4.1 The Participant that has been granted Trans.eu Certified Carrier certificate receives from the Organizer:
– PDF document confirming that Trans.eu Certified Carrier certificate has been granted,
– congratulatory letter,
– stickers with the logo of the certificate to be put on the vehicles.
4.2 The Certified Participant that provides the Organizer via e-mail with photographs of its 10 vehicles with stickers received from the Organizer with the logo of TCC, shall be granted with the status of Trans.eu Certified Carrier, put on the profile of the Certified Participant, in the Business Communicator and on the Exchange of loads and vehicles. If the Certified Participant holds fewer than 10 vehicles, its hall be obliged to send photographs of all its vehicles with stickers with the logo of TCC obtained from the Organizer for the purpose of being granted the status of Trans.eu Certified Carrier. The status is granted within 3 working days calculated since the date of confirming by the Organizer the acceptance of photographs sent to the following e-mail address: firstname.lastname@example.org.
4.3 By granting Trans.eu Certified Carrier certificate the Organizer authorizes the Certified Participant to:
– put the information about Trans.eu Certified Carrier certificate on the latter’s website in form of a banner to be downloaded at www.trans.eu/en/tcc, or an electronic mail box in form of a logotype, in compliance with their original form,
– add to the company’s profile the document obtained, confirming Trans.eu Certified Carrier certificate having been granted,
– mention Trans.eu Certified Carrier certificate during negotiations with trade partners,
– put stickers with the information about Trans.eu Certified Carrier certificate on vehicles belonging to the Certified Participant, used for the purpose of rendering transport services.
4.4 The Certified Participant shall be authorized to use the logotype and the number of Trans.eu Certified Carrier as part of conducting regular business activity, since the moment of being granted the certificate until it has been withdrawn or until the Certified Participant has stopped conducting its activity.
4.5 The Certified Participant may provide the Organizer with an order for additional vehicle stickers.
4.6 The Organizer shall not be responsible for transactions concluded with the Certified Participants.
4.7 In no way may the Certified Participant:
– provide other companies with the certificate,
– put stickers with the logo of TCC on vehicles of other entities.
4.8 In no way may the Participants use Trans.eu Certified Carrier certificate or entitlements granted to the Certified Participants as part of TCC.
4.9 The Organizer represents that the Certified Participant meets the requirements specified in par. 3 as on the date of granting TCC certificate.
5. SUSPENSION OR WITHDRAWAL OF TRANS.EU CERTIFIED CARRIER CERTIFICATE
5.1 Taking care for the reputation of Trans.eu Certified Carrier, the Organizer has the right to carry out additional verification of the Certified Participant and demand that additional documents and information be provided for the purpose of confirming that the Certified Participant fulfils the
conditions of granting the certificate.
5.2 Suspension of Trans.eu Certified Carrier
5.2.1 The Organizer is authorized to suspend the certificate if the Certified Participant:
a) no longer fulfils any of the criteria specified in par. 3 of the Regulations,
b) breaches the provisions of the Regulations for the provision of services and safety of Trans.eu, put at the following address: http://www.trans.eu/pl/regulamin, deemed to be a minor breach pursuant to par. 8.7 of the Regulations for the provision of services and safety of Trans.eu,
c) suspends its activity,
d) is not an active subscriber of Trans.eu for more than 12 calendar days.
5.2.2 If circumstances referred to in par. 5.2.1 occur, the Organizer shall inform the Certified Participant about such circumstances and call on changing the state in which it fails to meet the criteria necessary to hold the certificate and provide the date on which the Certified Participant is to implement the change. The aforementioned date can be postponed by the Organizer for 3 calendar months in cases which require presentation of additional explanations or on account of other official deadlines. If the Participant fails to meet the aforementioned conditions within the set time limit, the Organizer shall withdraw the certificate. The Participant shall lose its entitlements referred to in par. 4 since the moment of being informed about the decision on withdrawing the certificate.
5.3 Withdrawal of Trans.eu Certified Carrier certificate
5.3.1 The Organizer shall be authorized to withdraw the certificate if the Certified Participant:
a) no longer fulfils any of the criteria specified in par. 3 of these Regulations and fails to change such state within the time limit in accordance with par. 5.2.2,
b) breaches the provisions of the Regulations for the provision of services and safety of Trans.eu, put at the following address: http://www.trans.eu/en/regulations, deemed to be an average threat of the Service Provider of other Users or a crucial breach infringing upon the interest of the Service Provider or other Users pursuant to par. 8.7 of the Regulations for the provision of services and safety of Trans.eu,
c) declares bankruptcy,
d) loses the status of the authorized user of Trans.eu.
5.3.2 In cases referred to in par. 5.3.1, the status of Trans.eu Certified Carrier certificate put on the profile of the Certified Participant in the Business Communicator and on the Exchange of loads and vehicles shall be removed.
5.4 The Participant losing the certificate can submit another application for granting Trans.eu Certified Carrier certificate after the expiry of 1 year of losing it at the earliest.
6.1 These Regulations come into force on the date of putting on the website:
6.2 The Organizer has the right to unilaterally amend the provisions of these Regulations. Amendments come into force at the moment of putting the amended text of the Regulations on the website referred to in par. 6.1
6.3 The Organizer reserves its right to introduce fees by way of amending the Regulations for the analysis of the application for granting Trans.eu Certified Carrier certificate.
6.4 Submission of the application for granting Trans.eu Certified Carrier certificate or accepting the certificate granted pursuant to par. 3.5 is tantamount to the acceptance of the Regulations and giving consent to the use of image and logotype of the Participant in promotional actions connected with TCC, conducted by Logintrans Sp. z o.o.
6.5 The logotype of Trans.eu Certified Carrier is protected pursuant to the Act dated 4 February 1994 on the Law on Copyright and related rights (Journal of Laws No. 24, item 83 as amended). Any rights to use the logotype of Trans.eu Certified Carrier certificate, including its publishing, copying, and processing shall be an exclusive property of Logintrans Sp. z o.o, with the reservation of par. 4.3.
6.6 The Organizer is not a party to transactions concluded with Certified Participants, nor does it act as agent upon their conclusion.
6.7 In particular the Organizer shall not be responsible for:
a) improper performance or non-performance by Certified Participants of concluded contracts, accepted orders,
b) actions of Participants or third parties infringing the provisions of the Regulations,
c) solvency of Certified Participants,
d) lost profits of Users,
e) suspension, withdrawal or refraining from granting Trans.eu Certified Carrier certificate,
6.8 The Organizer shall not be responsible for faulty functioning of the website: www.trans.eu/en/tcc, or Software of Trans.eu resulting from reasons not attributable to the Organizer. In particular the Organizer shall not be responsible for:
a) faulty operation of software containing elements of Trans.eu Certified Carrier,
b) lack of displayed information about Trans.eu Certified Carrier certificate held,
c) displaying out of date information about granted or withdrawn Trans.eu Certified Carrier certificates,
d) lost profits of the Participants.