Regulations Trans.eu Certified Express
1. PRELIMINARY PROVISIONS
1.1 Regulations of “Trans.eu Certified Express” (hereinafter referred to as: Regulations) specify the rules of applying and awarding the Trans.eu Certified Express.
1.2 Whenever these Regulations mention:
a) Organizer – it means the program organizer – Logintrans spółka z ograniczoną odpowiedzialnością with its registered seat in Wysoka, address: ul. Chabrowa 4, Wysoka, 52-200 Wrocław 65, Poland, entered into the register of entrepreneurs maintained by the District Court for Wrocław – Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under number 0000162430;
b) Trans.eu Certified Express (hereinafter also referred to as: TCE or interchangeably: Certificate) – means a certificate bearing a unique number corresponding to the TransId number awarded to an entity in the Trans.eu System, which is awarded by an Organizer to transport undertakers which, upon verification of their application for the certificate, proved that they comply with the conditions specified in point 2.4 and point 3 and moreover they offer the highest standards of service while assuring security of cooperation,
c) Participant – means the User of the Trans.eu System whose application for the certificate is being verified,
d) Certified Participant – means a User which was awarded the Trans.eu Certified Express,
e) Operator – means an entity operating on behalf of the Organizer while performing its rights and obligations under the Regulations – Trans 28000 spółka z ograniczoną odpowiedzialnością with its registered seat in Wysoka, address: ul. Chabrowa 4, Wysoka, 52-200 Wrocław 65, Poland, entered into the register of entrepreneurs maintained by the District Court for Wrocław – Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under number 0000550268; the Operator performs its duties independently which guarantees reliability of the process of verification of Participants;
f) Official Program Partner – means an entity (e.g. association) which joined the program as a partner and is an indirect participant of the process of verification of candidates applying for the Trans.eu Certified Express; Information on the program partners is provided on the following website: www.trans.eu/pl/tce; Official Program Partner may also perform other activities reserved for the Organizer.
g) Trans.eu System – (hereinafter referred to as the “System”) is an online information and service website administered by the Organizer available at www.trans.eu and at other related websites covering all services, information and documents, including Business Communicator together with Additional Functions,
h) Derivative Account – is a Derivative Account defined in Appendix no. 1 to the Trans.eu System Service and Safety Regulations available at the following address:https://trans.eu/en/appendix-1.
i) Grades and reviews system – it is a group of elements which constitute a part of the Trans.eu System providing Users with the option to grade the cooperation from their contractors’ perspective who are Users of the Trans.eu System at the same time and give a review concerning the cooperation which is aimed at protection of other Users planning to start cooperation with a given entrepreneur who was graded or received a review and to assure better knowledge on reliability and honesty of contractors operating on the said website service.
2. TRANS.EU CERTIFIED EXPRESS
2.1 The purpose of awarding the Trans.eu Certified Express is to distinguish and promote honest and reliable entrepreneurs operating in the road transport industry using vehicles with a maximum permissible weight not exceeding 3,5 tonnes and assistance in building security of transactions by publication of information about Certified Participants.
2.2 The certificate is awarded only to undertakers operating as carriers. The Trans.eu Certified
Express may not be awarded to forwarding companies or undertakers using only goods transport agency license. The previous sentence shall not apply to forwarding companies cooperating with the very carriers on a regular basis who provide road transport under the forwarding company’s brand, using the forwarding company’s set of cooperation rules and their internal regulations.
2.3 Trans.eu Certified Express is a certificate awarded by the Organizer, under a verification performed by the Operator, to undertakers conducting business activity in the transport industry who are authorized subscribers of the Trans.eu System and comply with the criteria specified in point 3 of the Regulations.
2.4 Holding the Trans.eu Certified Carrier certificate or other certificates by a User does not preclude awarding the Trans.eu Certified Express certificate provided the requirements specified in point 3 of the Regulations are complied with.
2.5 Applications for the Trans.eu Certified Express certificate shall be submitted by filling in the application available on the following website: www.trans.eu/pl/tce.
2.6 The Trans.eu Certified Express certificate is awarded to Participants whose reliability, dependability and high standard of service is substantiated among others by:
a) the level of completion of the account registered in the Trans.eu System including the up-to-date address and telephone details, uploaded documents, registration of employees’ accounts,
b) activity proven by the number of effected transactions, the number of posted offers, reviews of contractors posted in the Grades and Reviews System,
c) reliability backed with the period of business activity in the transport industry and good reputation or recommendations issued by long-term and trusted users of the Trans.eu System.
2.7 In order to verify a Participant, the Organizer, cooperating with the Operator may demand that the Participant provide additional documents or information required by the Organizer.
2.8 A Participant, by accepting the Trans.eu Certified Express certificate, accepts the Regulations and grants consent to publication of the information on awarding or withdrawal of its Trans.eu Certified Express certificate at the website: : www.trans.eu/pl/tce and in the media connected with the Organizer.
3. TRANS.EU CERTIFIED EXPRESS CERTIFICATE AWARDING CONDITIONS
3.1 The awarding of the Trans.eu Certified Express certificate is tantamount to fulfilment of the following criteria by the Participant:
a) holding and maintaining the status of a subscriber of the Trans.eu System,
b) completion of the questionnaire with true data sent by the Organizer or Operator,
c) conducting business activity which the Trans.eu Certified Express certificate is to be awarded to, for the period no shorter than 2 years (the period is counted from the date of registration of the entrepreneur in a relevant register),
d) activity of the company demonstrated by at least 100 transactions concluded on the Trans.eu System as a carrier,
e) holding a positive opinion in the Trans.eu System expressed as:
– minimum 95% positive reviews issued by contractors (the condition concerns achieving the indicated level of grades both in the category of “payee” and “carrier” if the Participant is registered in both categories in the Trans System),
– minimum level of 30 positive reviews received as a carrier from other contractors within the Trans.eu System,
f) clean subscription payment record in the Trans.eu System;
g) diligent maintaining of the profile in the Trans.eu System, by updating data in the system, including: information on the entrepreneur, i.e. company name, address, telephone, email, NIP, date the company was established, number of vehicles, type of rendered services, area of activity) and information on the fleet, i.e. type, make, model, bodywork type, date of manufacture, equipment) and holding an appended set of
documents (in particular: Tax Identification Certificate (NIP), KRS, Third Party Insurance for a road transport operator in the national or international transport and other specialized permits or certificates),
h) clean debtor, debt auction records and clean other external records containing information on the poor financial standing of the entrepreneur – during the verification process and within 6 months preceding the date of the application, mentioned in point 2.5,
i) holding and posting a valid Third Party Insurance certificate of the carrier at the company’s profile confirming insurance coverage of every event at the level of a fixed guarantee sum, including protection against theft and robbery and protection against events occurring during parking vehicles outside guarded parking lots,
j) holding and posting payment confirmation of the Third Party Insurance contribution of the carrier, covering protection of the Participant during and after the verification is completed.
3.2 The Participant represents that:
a) there are no pending, and there are no grounds to institute bankruptcy or winding up proceedings against the Participant,
b) is the owner of all vehicles at its disposal or is a holder of another legal title to the vehicles;
c) the average age of the vehicles possessed by the User or the vehicles at the disposal of the User under another legal title than the ownership title does not exceed 7 years,
d) the structure of revenues of the User shows that at least 30% is earned on the transport activity,
e) minimum 50% of vehicles of the User is equipped with the Satellite Navigation System (GPS).
3.3 The verification of the Participant is performed by the Organizer or Operator. The following data and information is used during the verification process:
– the data provided in the Trans.eu System, in particular the information and changes in the profiles (reviews, documents),
– collected in commercial information data bases,
– available at the Trans.eu System Forum and at the debt auction,
– obtained from generally available sources of information,
– provided by the Program Official Partners.
3.4 The Organizer, in collaboration with or on the recommendation of the Operator, is entitled to award the Trans.eu Certified Express certificate to entrepreneurs who have not submitted an application but comply with the criteria specified in points 3.1-3.2 and 3.7 and there are no grounds specified in point 3.6 of the Regulations.
3.5 The Organizer, in collaboration with or on recommendation of the Operator may refuse to award the Trans.eu Certified Express certificate in the event the Participant fails to comply with at least one of the conditions specified in the Regulations.
3.6 Notwithstanding compliance with the conditions specified in points 3.1-3.2 and 3.7 of the Regulations, the Organizer in collaboration with or on recommendation of the Operator may refuse to award the certificate if there are reasonable suspicions concerning solvency or legality of actions performed by the Participant and in the event the Organizer identifies that the Participant acts to the detriment of the Trans.eu Certified Express brand or the Trans.eu System or entities related to the Organizer.
3.7 The condition to award the Trans.eu Certified Express status to a Participant, which completed the verification process in compliance with points 3.1-3.2 and there are no grounds specified in point 3.6, is that the Participant places stickers received from the Organizer or Operator featuring the TCE logotype on its own vehicles and takes pictures of the vehicles and then sends the pictures to the Organizer or Operator via email, in line with the following rules:
a) A Participant who possesses no more than 10 vehicles – is obliged to place the stickers and take pictures of all vehicles;
a) A Participant who possesses more than 10 vehicles – is obliged to place the stickers and take pictures of at least half of its vehicles;
3.8 The status mentioned in the previous point is awarded to a Participant within 3 business days starting from the date the Organizer or the Operator has confirmed that it received the pictures sent to the following email address: firstname.lastname@example.org.
3.9 The Trans.eu Certified Express certificate is awarded for unlimited period of time but may be suspended or withdrawn in compliance with point 5.1-5.3 of the Regulations.
3.10 A Participant shall be solely and fully liable for correctness and validity of the data provided in the verification process and published in the Trans.eu System.
4. TRANS.EU CERTIFIED EXPRESS USE RULES
4.1 The Organizer, by awarding the Trans.eu Certified Express certificate, shall in person or via the Operator:
– place the marking of holding by Certified Participant the Trans.eu Certified Express in the Certified Participant’s Profile in the Business Communicator and Freight and Vehicles Exchange;
– provide the Participant with a document in the PDF format confirming that the Trans.eu Certified Express certificate was awarded,
– provide the Participant with a congratulations letter,
– provide the Participant with the vehicle stickers featuring the Certificate logotype for every subsequent Participant’s vehicle which the Participant intends and is obliged to place on in accordance with the provisions of the Regulations.
4.2 The Organizer, by awarding the Trans.eu Certified Express, entitles the Certified Participant to:
– publish information on the Trans.eu Certified Express certificate at its website in a form of a banner available at the www.trans.eu/pl/tce site or in a mailbox in a form of a logotype, preserving its original form,
– add the received document confirming obtaining the Trans.eu Certified Express certificate to the company’s profile,
– refer to the Trans.eu Certified Express during negotiations with commercial partners,
– place the Trans.eu Certified Express stickers on the vehicles of the Certified Participant which the Certified Participant has a legal title to, which it uses while providing transport services.
4.3 A Certified Participant is authorized to use the logotype and number of the Trans.eu Certified Express in its day-to-day activity from the time it is awarded the Certificate by the time it is suspended, withdrawn or the Certified Participant stops its activity.
4.4 A Certified Participant may place an order with Organizer or Operator for additional vehicle stickers.
4.5 A Certified Participant must not under any circumstances:
– provide the Certificate to other entrepreneurs,
– place TCE stickers on vehicles of other entities.
4.6 Participants may not use the Trans.eu Certified Express certificate or rights which Certified Participants are entitled to as part of the TCE.
4.7 The Organizer represents that the Certified Participant complies with the requirements specified in point 3 as at the day of awarding the TCE certificate.
4.8 In order to maintain the Trans.eu Certified Express certificate, a Certified Participant is obliged to:
a) increase the number of positive reviews and comments recorded in the System by at least 5 new grades within 1 year starting from the day the TCE was awarded. Or, the grade may be replaced with positive recommendations placed at the Certified Participant’s profile in the Trans.eu System, provided by email or in a paper form,
b) ensure that the stickers received from the Organizer or the Operator containing the TCE
logotype are always placed on the vehicles
c) update the profile in the Trans.eu System, in particular by supplementing the information mentioned in points 3.1g, subject to the obligation to update the data on the number of owned vehicles at least once a year.
4.9 The Organizer, by caring about the rank of Trans.eu Certified Express, shall have the right to verify the Certified Participant once again via the Operator. To this end, the Organizer may demand that the Certified Participant provide additional documents or provide specified information in order to confirm that it complies with the conditions for awarding the Certificate. Carrying out inspections may be organized as regular audits or ad hoc audits. A negative result of the audit shall commence the reparatory procedure mentioned in point 5.2
5. SUSPENSION OR WITHDRAWAL OF THE TRANS.EU CERTIFIED EXPRESS
5.1 The Organizer is entitled to suspend the certificate if a Certified Participant:
a) ceases to comply with the criteria specified in point 3 of the Regulations,
b) breaches the Trans.eu System Service and Security Regulations available on: https://www.trans.eu/en/regulations-tce in a manner which is considered “minor” in line with point 8.7 of the Trans.eu System Service and Security Regulations,
c) suspends its business activity,
d) is not an active subscriber of the Trans.eu System for the period exceeding 12 calendar days;
5.2 If there are grounds, mentioned in point 5.1. the Organizer shall inform the Certified Participant on such circumstances and shall order it to restore within 10 working days the status compliant with the requirements necessary to further hold the Certificate. The time limit, mentioned in the previous sentence may be extended by the Organizer up to 3 calendar months in circumstances which require additional clarification or due to time limits provided by authorities. If a Certified Participant fails to comply with the conditions, specified in the preceding sentences, within the prescribed time limit, the Organizer shall withdraw the Certificate. The loss of the Certificate is effective upon delivery of information on withdrawal of the Certificate to the Participant. The loss of the Certificate shall result in loss of rights of the Participant, mentioned in point 4.
5.3 The Organizer is entitled to withdraw the certificate if a Certified Participant:
a) ceases to meet one of the criteria specified in point 3 of the Regulations and fails to remedy the irregularity within the prescribed time limit in compliance with point 5.2,
b) breaches the Trans.eu System Service and Security Regulations available on: https://www.trans.eu/en/regulations-tce in a manner which is considered a “medium” threat to the Service Provider or other Participants or gross violation which is detrimental to the interest of the Service Provider or other Participants within the meaning of point 8.7 of the Trans.eu System Service and Security Regulations,
c) declares bankruptcy,
d) losses the status of an authorized user of the Trans.eu System.
5.4 In the events mentioned in point 5.2 in fine and point 5.3, the Trans.eu Certified Carrier status posted in the Certified Participant’s profile in the Business Communicator or the Freight and Vehicles Exchange will be deleted.
5.5 A Participant which loses the Certificate may reapply for the Trans.eu Certified Carrier no earlier than after 1 year of the loss.
5.6 The Organizer shall perform actions mentioned in this paragraph in collaboration and on recommendation of the Operator.
6. FINAL PROVISIONS
6.1 The Regulations become effective on the day they are published on the website: www.trans.eu/en/tce
6.2 The Organizer shall have the right to unilaterally amend the provisions of the Regulations. The
amendments shall become effective at the moment the amended wording of the Regulations is published on the website mentioned in point 6.1.
6.3 The Organizer shall have the right to introduce, by virtue of amending the Regulations, a flat-rate fee for processing the application for the Trans.eu Certified Express certificate.
6.4 Submission of the application for the Trans.eu Certified Express certificate or acceptance of an awarded Certificate under the procedure specified in point 3.5 is equal to acceptance of the Regulations and granting consent to use the image and logotype of the Certified Participant in promotional campaigns related to TCE carried out by the Organizer.
6.5 The Trans.eu Certified Express logotype is protected under the Copyright and Related Rights Act of 4 February 1994 (uniform text Journal of Laws of 2006, no. 90, item 631, as amended). Logintrans sp. z o.o is the holder of all the rights to use the mark of Trans.eu Certified Express certificate, including publication, copying and processing except for point 4.3.
6.6 The Organizer, and other entities acting on its behalf, which are not parties to the transaction shall not be held liable in particular for:
a) improper performance or failure to perform contracts concluded or orders accepted by the Certified Participants,
b) actions of Participants or third parties which breach provisions of the Regulations,
c) insolvency of the Certified Participants,
d) lost benefits of Participants,
e) suspension, withdrawal or refraining from awarding the Trans.eu Certified Express certificate.
6.7 The Organizer and all entities acting on its behalf shall not be held liable for any failure of the website: www.trans.eu/pl/tce, or the Trans.eu System software due to reasons not attributable to the Organizer. Entities listed in the first sentence shall not be held liable in particular for:
a) failure of the software containing the elements of Trans.eu Certified Express,
b) failure to display information on holding the Trans.eu Certified Carrier Certificate,
c) displaying outdated information on the awarded or withdrawn Trans.eu Certified Carrier certificate,
d) lost benefits of Participants.