Reglamento

All previous regulations, appendices or additions shall become invalid upon publishing new regulations, appendices or additions or their amendments at the Administrator’s web page and shall be replaced by the new provisions.

Last update of the Regulations: 09.01.2013

1. DEFINITIONS

The following definitions shall be used in these REGULATIONS:

Service Provider Trans.eu BV with its registered office at the following address: Koninginneweg 1, 3331 CD Zwijndrecht, The Netherlands, entered to the register of entrepreneurs under number BTW: NL854836330B01, Kvk: 62485318.

Subcontractor/Administrator/Licensor/

Logintrans, a limited liability company with its registered office at the following address: Wysoka, ul. Chabrowa 4, 52-200 Wrocław, 65, Poland, entered by the District Court for Wrocław-Fabryczna to the register of entrepreneurs of the National Court Register under number KRS 0000162430, the initial capital in the amount of PLN 66,500.00 fully paid-up, Tax Identification Number (NIP): 894-27-64-658; Company Number (REGON): 932920615

Database of Trans Users

The collection of all data submitted to the Administrator in the course of the User authorisation and account registration process.

Additional Functions of the Trans Instant Messenger

Paid or free of charge electronic services rendered by the Service Provider with the use of the Trans Instant Messenger.

Additional Services

Free of charge services available to the Users.

Invoice

The invoice is provided via the Trans Instant Messenger The basis for the issuance of an electronic invoice is § 14 section 1 of the VAT Act (UStG, as amended on 21 February 2005 (Federal Law Journal I, page 386), which was last amended by Article 2 of the Law of 08 May 2012 (Federal Law Journal I, page 1030). Proforma Invoice

A document issued by the Adminsitrator prior to making the payment and being the basis therefor.

Debt Exchange

The service called “Add Debtor” rendered by the Administrator.

Trans Load and Vehicle Exchange/Trans Exchange

An additional function of the Trans Instant Messenger in the form of a database that enables the Users to browse and post announcements about available loads and vehicles, to negotiate the conditions of offers, and to place and accept the orders for transport and forwarding services.

Trans Instant Messenger

The transport business instant messenger which enables direct contact between people in Europe working in companies connected with goods trading and transporting and is made available by the Licensor at no cost as Freeware.

Subscription Period

The period for which the User placed an order for the provision of services in the scope of ADDITIONAL FUNCTIONS OF THE TRANS INSTANT MESSENGER.

Trans Software

Any and all software offered by the Licensor available at the Trans Web Site, including the Trans Instant Messenger and the Trans Load and Vehicle Exchange, the filter system for incoming information together with updates and add-ons as well as the Database of Trans Users made available by the Licensor pursuant to the Licence Agreement.

Trans Web Site

The Administrator’s information and service Web site covering all services, information, messages and documents available at the Web site: www.trans.eu, including the Trans Instant Messenger with its additional functions.

Service

Any and all services rendered by the Administrator via electronic means.

Licence Agreement

An Agreement on the basis of which the User has purchased the limited rights to use the Trans Instant Messenger and its additional functions. The User accepts the Licence Agreement during the installation of the Trans Instant Messenger.

User

A natural person, an organisational unit without legal personality which – pursuant to the Act – is granted the legal capacity or a legal person which carries out business activity related to transport and forwarding.

2. GENERAL PROVISIONS

2.1 Pursuant to § 312 g Section 1 of the Civil Code, the Sevice Provider determines the regulations concerning the provision of services via electronic means.

2.2 The Regulations define the principles of providing the electronic services by the Service Provider made available as part of the Trans Software. The provisions of the Regulations and the Licence Agreement define the rights and obligations of the Trans Users.

2.3 The Service Provider of the services described in the Regulations is Trans.eu BV with its registered office at the following address: Koninginneweg 1, 3331 CD Zwijndrecht, The Netherlands, entered to the register of entrepreneurs under number BTW: NL854836330B01, Kvk: 62485318.

2.4 The User accepts the Regulations upon the account registration and acknowledges that the User has read the terms and conditions of provision of electronic services by the Service Provider and that the User expresses the consent to all provisions of these Regulations and the licence agreement.

2.5 In order to use the Trans Software and Web Site, it is necessary to possess the devices that enable the use of the Internet, e-mail box and Internet browsers for viewing the Web pages (Internet Explorer 7.0 or higher version is recommended, with cookies and Javascript support enabled).

3. TYPES AND SCOPE OF TRANS SERVICES

3.1 The Service Provider renders the electronic services in the form of ICT platform for exchange of information about free loads and trucks called the TRANS European Transport Exchange which consists of the Trans Instant Messenger together with the Additional Functions of the Trans Instant Messenger and Additional Services.

3.2 The Additional Functions of the Trans Instant Messenger shall include:

a) Trans load and vehicles Exchange;

b) Trans Users Database;

c) “Add Debtor” system;

d) Secure Company

e) Transportis

f) TransMap

3.3 The Additional Services shall include:

a) Trans Forum;

b) TransIdea.eu

3.4 The provisions for using:

a) the Trans Instant Messenger are defined in Appendix No. 1 to these Regulations;

b) the Additional Function of the Trans Instant Messenger – the Trans Load and Vehicle Exchange – are defined in Appendix 2 to these Regulations;

c) the Additional Function of the Trans Instant Messenger – the Database of Trans Users – are defined in Appendix 3 to these Regulations;

d) the Trans Forum are defined in Appendix No. 4 to these Regulations;

e) the Additional Function of the Trans Instant Messenger – “Add Debtor” system – are defined in Appendix 5 to these Regulations;

f) the Additional Function of the Trans Instant Messenger – Secure Company – are defined in Appendix 6 to these Regulations;

a) TransIdea.eu are defined in Appendix No. 7 to these Regulations;

f) the Additional Function of the Trans Instant Messenger – Transportis – are defined in Appendix 8 to these Regulations;

f) the Additional Function of the Trans Instant Messenger – TransMap – are defined in Appendix 9 to these Regulations.

4. TERMS AND CONDITIONS OF CONCLUDING AND TERMINATING THE AGREEMENT FOR PROVISION OF ELECTRONIC SERVICES

4.1 The agreement for provision of electronic services is concluded through concluding the licence agreement and commencing the use of the service, subject to Additional Functions of the Trans Instant Messenger.

4.2 The services in the scope of Additional Functions of the Trans Instant Messenger shall be rendered in two Modes:

a) Prepaid – which means that the access is given after making the payment for a selected subscription period (one-time purchase of access) and expires after the lapse of that period. (the service withdrawn with effect from 09.01.2013).

b) Permanent – which means that the access is given pursuant to the agreement which is concluded for a definite period of time, in accordance with the provisions of an agreement.

4.3 PERMANENT MODE

4.3.1 The conclusion of the agreement for the Additional Functions of the Instant Messenger in the Permanent Mode shall take place on the date of concluding the written Agreement for Provision of Services within the Trans System.

4.3.2 The terms and conditions of provision of services in the Permanent Mode, the term of the Agreement, and the conditions of its termination are specified in the written Agreement for Provision of Services within the Trans System and in the Price List.

4.4 PREPAID MODE (the service withdrawn with effect from 09.01.2013).

4.4.1 The conclusion of the agreement for the Additional Functions of the Instant Messenger in the Prepaid Mode shall take place on the date of payment of the proforma invoice specified in point 5.2.1 of the Regulations.

4.4.2 The placement of the order for the paid service rendered in the Prepaid Mode shall take place through ticking the appropriate option in the order form. The order form shall be available in the relevant tab of the Trans Instant Messenger.

4.4.3 The Agreement in the Prepaid Mode shall be concluded for a definite period of time in accordance with the placed order and shall be terminated upon the expiry of the term for which it has been concluded.

4.4.4 The Service Provider shall render the services for the Additional Functions of the Instant Messenger in the term of the Agreement, subject to the situations referred to in points 5-7 of Appendix No. 1 to the Regulations. Lack of the order or failure to pay the next subscription fee shall be equivalent to lack of access to the Additional Functions of the Instant Messenger.

4.5 TERMINATION OF AGREEMENT

4.5.1 In the event of violation of any of the prohibitions specified in points 6.1 and 6.2 of Appendix No. 1 to the Regulations or lack of any payment referred to in point 5.3 of the Regulations on time or bearing in mind the protection of the Service Provider’s significant business, the Service Provider shall be entitled to terminate the agreement with an immediate effect, i.e. effective as of the date of receiving the notice of termination by the addressee.

4.5.2 In the Prepaid Mode:

a) The User shall be entitled to terminate the agreement in writing, otherwise null and void, with the immediate effect if the User does not agree to the amendments made to the Regulations within a month of publishing the amendments to the Regulations.

b) Either party shall be entitled to terminate the agreement in writing, otherwise null and void, at 2 weeks’ notice.

4.5.3 In the situations specified in points 4.5.1 – 4.5.2, 4.5.5 the amount of the subscription fee paid but unused shall be returned to the User within 7 days of receiving – by the Service Provider – of the request for the return of the excess payment, the amount of such excess payment being determined pursuant to point 4.5.4, and such request shall include the recipient’s bank account.

4.5.4 In the situation referred to in point 4.5.3, only the subscription fee shall be proportionally returned. The activation fee, the re-activation fee and the paid stipulated penalty shall be in no case returned. The User shall be entitled to the return of the amount being the equivalent of the part of the subscription fee proportional to the period left until the end of the Subscription Period provided that the basis for the calculation of this amount shall be the subscription fee without taking into account any special offers and discounts.

4.5.5 In the Permanent Mode:

a) the Agreement may be terminated in Whiting, otherwise null and void, by either Party, without any reason, at three months’ notice, the termination being effective at the end of the Settlement Period..

b) The User shall be entitled to terminate the agreement in writing, otherwise null and void, with the immediate effect if the User does not agree to the amendments made to the Regulations within a month of publishing the amendments to the Regulations

4.5.6 In the event of delay of payments following from an agrement the Service Provider is entitled to reduce the access to Additional Functions of the Trans Instant Messenger until the date of payment.

4.6 The Service Provider reserves that if the User does not obtain the authorisation within 6 months of having the User’s account blocked, the agreement for the provision of electronic services shall be terminated pursuant to legal provisions (these Regulations).

5. PAYMENTS

5.1 The Additional Functions of the Instant Messenger shall be provided for a fee pursuant to the express order placed by the User and in accordance with the selected Mode of service provision:

a) after making the payment for a given service in accordance with the Subscription Fee Table which is available at the following address: http://www.trans.eu/en/price-list.html for the Prepaid Mode, or

b)In accordance with the Agreement referred to In point 4,3 of the Regulations, within the time limit and on terms specified herein. .

5.2 PREPAID MODE

5.2.1 The paid service shall be made available to the User within 7 days of the date of payment. The terms and conditions of payment shall be defined in the proforma invoice made available in the tab of the Trans Instant Messenger. The date of payment shall be the date when the Service Provider’s bank account is credited with the amount indicated in the proforma invoice.

5.2.2 The Service Provider shall issue the relevant VAT invoice on the date of making it available in the tab of the Trans Instant Messenger.

5.3 PERMANENT MODE

5.3.1 The Service shall be made available to the authorised User after making the order, subject to the provisions of the Agreement concluded with the User.

5.3.2 Prices for access to the Additional Functions of the Trans Instant Messenger are set out in the Price List published on the Sercive Provider’s website (trans.eu) on subpage „Price List” in appropriate language version. Within the Permanent Mode the User is entitled to benefit from a special price discount (hereinafter referred to as the Discount) for the first 12 months of effective period of the agreement. .

5.3.3 The date of entry of a fee payment onto the Service Procider’s bank account will be considered the day of fee payment.

5.4 At any time, the Service Provider shall be entitled to introduce new Services and change the fees for Services after prior notification to the Users via e-mail, the Trans Instant Messenger or the information put at the Web Site. The changes of fees for the Services shall not be applicable to the current Subscription Period covered by the Discount referred to in point 5.3.2..

5.5 The subscription amount shall be indivisible, which means that:

a) the fee cannot be paid for the period shorter than the duration of the Subscription Period for a given Service,

b) the revoking of the User’s authorisation shall not involve the return of the proportional subscription amount or the whole subscription amount for the period necessary to explain the situation being the reason for revoking of the authorisation,

c) the return of the subscription fee shall be possible only and exclusively pursuant to the terms and conditions stipulated in points 4.5.3 and 4.5.4 above;

6. TRANSPRO SERVICE, INDIVIDUAL TERMS AND CONDITIONS, AND TRIAL PERIOD

6.1 TRANSPRO

6.1. The Service Provider reserves the right to grant the TransPro Status free of charge to:

a) an individual client, or

b) a corporate client that has more than one account or fulfils the terms and conditions specified in point 3.3 of Appendix No. 1 to the Regulations.

6.1.2 The provision of the service in the TransPro standard shall be determined in a separate agreement for TransPro service and a separate licence agreement.

6.2 INDIVIDUAL TERMS AND CONDITIONS

6.2.1 The Service Provider reserves the right to determine the individual terms and conditions of access to the Trans Web Site and the Additional Functions of the Instant Messenger.

6.2.2. The provision of services within the individual terms and conditions of access shall be determined in a separate written agreement.

6.3 TRIAL PERIOD

6.3.1 The Service Provider may grant – free of charge and for a definite period of time – the access to the Additional Functions of the Instant Messenger (hereinafter referred to as the Trial Period) to the User who registered for the first time and successfully completed the authorisation process.

6.3.2 The basic Trial Period for the Users shall be 30 calendar days .

6.3.3 The Service Provider shall be entitled to determine longer or shorter Trial Period for a specified group of Users pursuant to any criteria or prolong/shorten the Trial Period for a given User at the Service Provider’s discretion. Furthermore, the Service Provider may grant the Trial Period to other Users than the ones specified in point 6.3.1.

6.3.4 During the Trial Period, the Service Provider may apply towards the User all sanctions referred to in Appendix 1 to the Regulations – Provisions for using the Trans Instant Messenger, in particular points 6 and 7 of Appendix No. 1.

6.3.5 After the lapse of the Trial Period, the Service Provider may refuse the conclusion of the agreement for the provision of services via electronic means due to the protection of the Service Provider’s or Users’ justified business, in particular due to the occurrence or the suspicion of the occurrence of the circumstances justifying the application of provisions included in points 5, 6 and 7 of Appendix 1 to the Regulations – Provisions for using the Trans Instant Messenger.

7. COMPLAINTS

7.1 This section determined the terms and conditions to be fulfilled by the complaint concerning the services rendered by the Service Provider and the mode of the complaint procedure.

7.2 The complaint may be lodged:

a) in writing at the following address: Trans.eu BV, Koninginneweg 1, 3331 CD Zwijndrecht, The Netherlands.

b) by electronic mail: info@trans.eu

7.3 The complaint should include the following elements:

a) first name and surname or business name and address of residence or registered office of the User, hereinafter referred to as the “Complaining Party”;

b) definition of the object of complaint and the period complained about;

c) description of circumstances justifying the complaint;

d) the Complaining Party’s signature – in the event of the complaint lodged in written form.

7.4 When the lodged complaint does not fulfil the terms and conditions specified in point 7.4 (a)-(d), the Administrator may:

a) immediately notify the Complaining Party of the necessity to supplement the complaint and set for it the time limit not shorter than 7 days and define the scope of such supplementation, with simultaneous instructions that if the complaint is not supplemented within the specified time limit, the complaint shall not be investigated. After the ineffective lapse of the set time limit, the complaint shall be left without investigation.

b) inform the Complaining Party that the Complaining Party’s letter does not satisfy the complaint terms and conditions, which results in leaving it without investigation.

7.5 The Service Provider shall investigate the complaint within 30 business days of lodging it. The Service Provider reserves the right to prolong this 15-day time limit for the response in the situation when the response depends on obtaining additional technical or legal analyses or translation, which shall be immediately notified to the Complaining Party.

7.6 The response to the complaint shall be given by the Service Provider:

a) in writing at the address of the User’s registered office,

b) by e-mail at the e-mail address indicated by the Complaining Party,

c) by phone

7.7 The Service Provider reserves the right to leave the complaint unanswered, to refuse giving the answer, or refer the User to the relevant section of the Trans Documentation if:

1) the response to the notification of complaint includes the information:

a) which has been previously provided within the Help service;

b) which has been provided in the response to the previous notification of complaint submitted by the User;

c) which is included in the Regulations or the user instructions included in the Trans Documentation;

2) the notification of complaint:

a) does not include the data sufficient for identifying the user or the entity;

b) does not include the data allowing for giving and sending the answer to the complaint;

c) is made by a third party that does not have the relevant authorisation or proxy;

d) does not have the form sufficient for considering it as the letter of complaint;

e) does not include the information about the reasons of lodging the complaint, the questions, and the description of the reported reservations;

f) includes the content that is offensive, insulting and vulgar, that promotes hatred, racism, xenophobia and conflict between nations;

g) damages the Service Provider’s business, influences the Service Provider’s reputation or is to the Service Provider’s detriment in any other way;

h) has not been made within 90 days of finding the grounds for complaint.

The Service Provider shall inform the Complaining Party about the application of the aforementioned right without delay.

7.8 The User shall bear full responsibility for the content included in the complaint.

7.9 The User who does not agree with the response to the complaint shall be entitled to apply for reinvestigation of the complaint within 90 days of receiving the response. The provisions included in points 7.2 – 7.7 shall apply correspondingly.

7.10 The completion of reinvestigation of the complaint pursuant to point 7.9 shall exhaust the User’s possibility of complaints and the User shall not be entitled to any appeal measures, unless:

a) the User present new circumstances and proofs which may influence the settlement of the complaint

b) the User renews the correspondence to obtain the access pursuant to individual terms and conditions referred to in point 6.2.

7.11 The User who has been granted the access pursuant to the individual terms and conditions specified in point 6.2 shall not be entitled to lodge a complaint.

7.12 The Service Provider reserves the right to intervene in the technical structure of the User’s Account in order to diagnose the incorrect operation of the Trans Software, and can also make changes and affect in any other way the technical parameters of the User’s Account in order to modify it or restore its correct operation.

8. ADMINISTRATOR’S RESERVATIONS, REPRESENTATIONS AND SCOPE OF RESPONSIBILITY

8.1 The Service Provider shall bear the responsibility only and exclusively in the scope of services provided via electronic means and pursuant to the rules defined in the Act on Electronic Provision of Services dated July 18, 2002 (Journal of Laws of 2004, No. 2004, item 959, as amended). In particular, the Service Provider shall not bear the responsibility for:

a) the correctness of data provided by the User in the User authorisation process;

b) the content transmitted and published with the use of the Trans Instant Messenger and the Trans Forum by the Users;

c) the improper performance of or failure to perform the concluded agreements by the Users;

d) the acts of the Users and the third parties which violate the provisions of the Regulations;

e) the Users’ solvency;

f) the failure by the Users to conclude the agreement;

g) the Users’ lost profits;

h) revoking or refraining from granting the authorisation;

i) deleting, blocking the Account or the access to some part or all services in the scope of each User whose activities violate the governing legal regulations and the provisions of these Regulations and its Appendices, good customs and if those activities threat or damage the Administrator’s and other Trans Users’ business,

j) deleting the User’s offers from the Trans exchange.

8.2 The Service Provider shall not bear the responsibility for the failures of the Trans Software arising from the reasons not attributable to the Service Provider. In particular, the Service Provider shall not bear the responsibility for:

a) the temporary close-down of the instant messenger system and the lack of access to the Trans services;

b) the loss of Users’ all data stored in the Service Provider’s servers.

8.3 The Service Provider as an owner and administrator of the Trans Web Site shall make every effort to ensure that:

a) the Trans Web Site and all services made available with its use function continuously without any disruptions at the level of 98% of the operation time;

b) the time of removal of any possible failures of the Trans Web Site is not longer than 24 hours;

c) the time of possible limitation of access to the Trans Web Site is not longer than 24 hours;

d) the breaks for maintenance of the Trans Web Site take place no more than two times a month for 4 hours each between 8.00p.m. – 6.00 a.m or on public holidays at any time unless the failure is caused by the occurrence of Force Majeure, and the reasons beyond the Administrator’s control, including the unauthorised interference of the Users or third parties.

8.4 The Service Provider reserves the right:

a) to publish at the Trans Web Site the information about the Users who persistently violate the Regulations or persistently act contrary to the Regulations or the goal and nature of the Trans Web Site;

b) to anonymously publish the inquiries directed by the Users to the Service Provider

8.5 The Service Provider shall be responsible for the damage caused to the User only and exclusively due to intentional fault.

8.6 The Service Provider may delete or block the Account or the access to some part or all services in the scope of each User whose activities violate the Administrator’s or the Exchange Users’ business. The rules of deleting and blocking the account shall be defined in Appendix No. 1 to the Regulations.

8.7 The Service Provider reserves the right to impose the stipulated penalty on the Original User for the User’s activities which violate the Regulations concerning the use of the exchange, the penalty having the following forms:

a) reducing the User’s paid subscription period by 10, 20 or 30 days – in the case of breaches of less significance

b) obligating the User to pay the amount which is 5, 7 or 10 times the activation fee (the so called Additional Fee) – in the case of breaches causing medium threat to the Service Provider’s and other Users’ business

c) obligating the User to pay the amount which is 10 times the annual subscription fee (in the amount which is in accordance with the price list valid on the day of imposing the penalty, without taking into account any special offers and discounts) – in the case of significant breaches which are detrimental to the Service Provider’s and other Users’ business. The fact of imposing the stipulated penalty does not limit the Service Provider’s right to claim for damages on general principles in the amount exceeding the amount of the stipulated penalty.

9. FINAL PROVISIONS

9.1 Any and all Intellectual Property Rights to the Trans Software and Web Site shall vest in the Administrator. The use of the Trans Software and Web Site pursuant to the Regulations and a separate Licence Agreement shall not mean that the Users acquired in any scope any Intellectual Property Rights to the Trans Software and Web Site. It is prohibited to violate in any way the Intellectual Property Rights to the Trans Software and Web Site, in particular:

a) to copy, modify or transmit via electronic or other means the Trans Software and Web Site or their parts, including individual works and databases, without the Administrator’s express consent in writing;

b) to use the Trans Software and Web Site in a way violating the Regulations or the governing legal regulations;

c) to destroy, damage, delete or change the IT, text and graphic data of the Trans Software and Web Site or to disrupt the Service Provider’s IT system in any other way;

d) to download the content of part of or the whole Trans Software and Web Site, in particular of the Database of Users, and their secondary use in whole or in part, without the Service Provider’s express consent in writing.

9.2 If any provision of the Agreement is invalid in part or in whole because it is not in conformity with the governing legal regulations, the remaining provisions of the Agreement shall remain in force and shall be interpreted in accordance with the governing legal regulations in such a way that they are as faithful as possible to the sense of the invalid provision.

9.3 The Service Provider reserves the right and the User gives their consent to the following:

a) the use of the intellectual and industrial property of the User, including the trade names and trademarks for promotional and marketing purposes of the Service Provider;

b) the attachment of the copies of the documents with the watermark of Trans referred to in point 4.2 of Appendix No. 1 to the Regulations – Provisions for using the Trans Instant Messenger – to the User’s profile.

c) the sending of the commercial information as interpreted in Article 10 of the Act on Electronic Provision of Services dated July 18, 2002 (Journal of Laws of 2004, No. 96, item 959);

d) the issuance and sending of the VAT invoice for the provided services in an electronic form in accordance with the § 14 paragraph of the VAT Act (UStG) .

9.4 The Service Provider – Trans.eu BV with its registered office at the following address: Koninginneweg 1
3331 CD Zwijndrecht, The Netherlands entered to the register of entrepreneurs under number BTW: NL854836330B01 – is the personal data administrator as interpreted in the Personal Data Protection Act dated August 29, 1997 (Journal of Laws, No. 133, item 833, as amended). The data is gathered and processed in order to execute the agreement for the provision of electronic services and to enable the potential business partners to contact the Users and conclude transactions therewith. The data is given voluntarily and all principles of processing it shall be defined in the Privacy Policy available at https://www.trans.eu/es/politica-de-privacidad. The User shall have the right to access the provided data and correct it.

9.5 The law applicable to the disputes arising from the services rendered by the Service Provider shall be the law of Germany.

9.6 Any and all disputes arising from these Regulations or arising in connection therewith shall be settled by the court competent for the Service Provider’s registered Office. .

10. COMING OF THE REGULATIONS INTO FORCE AND AMENDMENTS THERETO

10.1 The Service Provider shall publish the amendments to the Regulations, appendices or additions at https://www.trans.eu/es/reglamento.html.

10.2 The Service Provider shall be entitled to unilaterally amend the provisions of these Regulations. The amendments shall become effective upon publishing the amended Regulations at the Web page referred to in point 10.1.

10.3 These Regulations shall be valid from January 9, 2013.