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TRANS.EU CERTIFICATION REGULATIONS

§ 1. General provisions

 

  1. These Regulations (hereinafter referred to as the “Regulations”) define the rules for applying, evaluating and Verifying of the Participant, as well as awarding and withdrawing the Trans.Eu Certified Forwarder Elite Certificate (hereinafter: “TCF Elite”), Trans.eu Certified Carrier Elite Certificate (hereinafter: “TCC Elite”), Trans.eu Certified Express Elite Certificate (hereinafter: “TCE Express Elite”) and Trans.eu Certified Shipper Elite Certificate (hereinafter: “TCS Elite”) in the Program.
  2. Where these Regulations pertain or refer directly to the Trans.eu Logistics Platform Regulations, the provisions of the Trans.eu Logistics Platform Regulations shall apply.
  3. In case of doubt as to how to interpret these Regulations, the definitions and provisions of these Regulations shall be used first, followed by the definitions and provisions of the Trans.eu Logistics Platform Regulations. If the capitalised definitions do not have an explanation in the Regulations, they shall be interpreted in accordance with the current definitions and provisions of the Trans.eu Logistics Platform Regulations.

 

§ 2. Definitions

 

  1. Administrator/Service Provider/Organiser – Trans.eu Group S.A. with its registered office in Wysoka, ul. Chabrowa 4, 52-200 Wysoka, 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 number 0000720763.
  2. Audited Insurance – a high quality insurance policy that meets the standard set by Transbrokers.
  3. Economic Databases – institutions collecting data about unreliable debtors or other economic data. Examples of such institutions are: ERIF Economic Information Bureau, BIG InfoMonitor, BIG National Debt Register, National Economic Information Bureau, KITD National Telecommunications Debt Information, and other similarly reliable data on various business entities.
  4. Certificate – a joint name for the TCF Elite Certificate, TCC Elite Certificate, TCE Elite Certificate i TCS Elite Certificate specified in points 5-8 above
  5. TCF Elite Certificate – a document confirming certification of a forwarding company, bearing a unique number corresponding to the TransID number, which is awarded to the Participant after meeting requirements specified in Article 5(3) of these Regulations
  6. TCC Elite Certificate – a document confirming certification of a transport company providing transport services using vehicles of over 3,5 tonnes, bearing a unique number corresponding to the TransID number, which is awarded to the Participant after meeting requirements specified in Article 5(4) of these Regulations
  7. TCE Elite Certificate – a document confirming certification of a transport company providing transport services using vehicles of up to 3,5 tonnes, bearing a unique number corresponding to the TransID number, which is awarded to the Participant after meeting requirements specified in Article 5(5) of these Regulations
  8. TCS Elite Certificate – a document confirming certification of a shipping company, bearing a unique number corresponding to the TransID number, which is awarded to the Participant after meeting requirements specified in Article 5(6) of these Regulations (the certificate will be available from 01.06.2020)
  9. Certified Participant – a Trans.eu Logistics Platform User awarded with the Certificate. It is possible for the Participant to hold more than one Certificate.
  10. Debt Exchange – an online platform for publishing Debt-selling advertisements, available on: https://transcash.eu/en/. The Regulations of the Debt Exchange constitute Section IV of the General Terms and Conditions of Rendering Debt Collection Services, and are available on: https://transcash.eu/en/
  11. Partner – an entity from the TSL industry, whose rating of the Users in the Program additionally confirms the high quality of services provided by the Users on the Trans.eu Logistics Platform.
  12. Promotional materials – a shipment containing gadgets and accessories promoting the Certificate and the Certified Participant, including the Certificate signed by the Specialist and bearing a hologram.
  13. Online promotional materials – a PDF document confirming the awarding of the Certificate, certificate logotypes, banners for the website, as well as any other materials promoting the Certificate and the Certified Participant, for online use.
  14. User’s other documents – specialist permits, licences and certificates other than those granted by the Organiser.
  15. Trans.eu Logistics Platform – an online information and service website owned and administered by Trans.eu Group S.A. with its registered office in Wysoka, ul. Chabrowa 4, 52-200 Wysoka, 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 number 0000720763, NIP [Tax ID No.]: 8942764658, REGON [Business Statistical No.]: 932920615, with share capital of PLN 104,500.00, available at: www.trans.eu, and other related addresses, via the Business Messenger, as well as in the Web and mobile versions.
  16. Program – a program specifying the terms and conditions of the certification process, verification of Users, awarding and withdrawing the Certificates, in which the Trans.eu Logistics Platform Users, the Organiser and its representatives, collaborators, and Partners participate.
  17. Regulations of Trans.eu Logistics Platform – Regulations of Providing Services and Security of the Trans.eu Logistics Platform, available on: https://www.trans.eu/en/regulations/
  18. Certification Specialist – a representative of the Organiser’s company or a person cooperating with the Organiser, who supervises the proper Verification of the User.
  19. Ratings and Comments System – system of ratings and comments available on the Trans.eu Logistics Platform
  20. TransRisk – the TransRisk Index is part of the “Transaction Security” service provided as part of the Trans.eu Logistics Platform, which is a rate calculated individually for each User, allowing verification of a given User in terms of its financial credibility.
  21. Verification – all activities forming the rating of all data and information available to the Organiser and submitted by the User, as necessary for the verification of the User in terns if the Certificate requirements. The verification is performed in an automatic way with the use of the Trans.eu Logistics Platform tools (algorithm).
  22. Participant – the Trans.eu Logistics Platform User who takes part in the Verification process.
  23. User – the User defined and meeting the terms and conditions specified in the Regulations for Providing Services and Security of the Trans.eu Logistics Platform, available on: https://www.trans.eu/en/regulations/.

 

§ 3. Information about the certification program and promotion of certified companies

 

  1. The Certificate is awarded to the Participants in order to distinguish and promote honest and reliable Users operating in the transport industry.
  2. The Certificate is a proof of care for the highest quality of transport and forwarding services, and it ensures the reduction of risk of transactions offered and carried out by the Certified Participants via the Trans.eu Logistics Platform. The information about the Certified Participants to confirm their specific competences is published via the Trans.eu Logistics Platform and distributed in a different manner specified in the Regulations.
  3. The awarding of the Certificate to a Program Participant is associated with benefits that the Organiser determines each time, and that may consist in: awarding benefits related to the use of the Trans.eu Logistics Platform, or other benefits at the Organiser’s discretion.
  4. By joining the Program, the User accepts these Regulations.
  5. The Certified Participant who was awarded the Certificate grants consent to publication of the information on awarding and withdrawal of the Certificate at the websites of the Organiser and websites of its affiliates, and in particular, at the Organiser’s websites: https://www.tcfelite.eu, https://www.tccelite.eu, https://www.tceelite.eu and https://tcselite.eu/.
  6. The Participant grants consent for the collection of data from external sources such as Economic Databases and debt exchanges, as well as collection and usage of historical data concerning its activity on the Trans.eu Logistics Platform, in particular:
    1. concluded transactions.
    2. ratings of contractors,
    3. owned fleet,
    4. telematics,
    5. TMS,
    6. payment information processed within debt collection or factoring services provided by Trans Cash S.A. or published on the Debt Exchange,
    7. information included in the descriptive conditions of a transport order.

 

§ 4. Procedure for awarding the Certificate

 

  1. The Certificate shall be granted to every Trans.eu Logistics Platform User who satisfies formal and qualitative criteria specified in these Regulations.
  2. A refusal to award and withdrawal of the Certificate shall take place by a unilateral decision of the Organiser. However, such a decision should be justified.
  3. Withdrawal of the Certificate may take place as a result of discontinuation of the Program by the Organiser.
  4. The Certificate is issued in the form of a document sent to an electronic address and the status displayed on the Trans.eu Logistics Platform. The document confirming the awarded Certificate is sent in the PDF format by electronic means.
  5. Marketing materials are sent at the Participant’s explicit request. Issuing stickers with the Certificate logo incurs additional charges based on the rules specified by the Organiser.
  6. The Certificate is issued with no limited validity. In the case of withdawing of the Certificate by the Organiser without a valid reason, the Participant or Certified Participant may file a complaint, unless the circumstances justifying the withdrawal of the Certificate, referred to in Article 9, occur.
  7. The Organiser bears the right to award the Certificate to Users who did not submit the application, but meet the conditions required in Article 5.
  8. The Organiser may refuse to award the Certificate if the Participant fails to meet all the requirements specified in Article 5.
  9. Irrespective of meeting the requirements set out in the Regulations, the Organiser may refuse to award the Certificate if there are reasonable suspicions as to the truthfulness and timeliness of data and information about the Participant or Certified Participant, its solvency or legitimacy of activities undertaken by the Participant/Certified Participant, and if such activities, or suspicions of such activities of the Participant/Certified Participant result or may result in damage to the Organiser, in particular damage related to the Certificate or the Trans.eu Platform brands.
  10. At each stage of the Verification process, the Organiser may request that the Participant/Certified Participant submits additional documents and information.
  11. The Certificate shall be awarded to the Participants whose credibility, reliability and high quality of provided services have been verified the Organiser. The detailed conditions and criteria of awarding the Certificate are specified in Article 5.

 

§ 5. Terms and conditions of awarding the Certificate

 

  1. During the Verification, detailed formal and qualitative criteria are checked.
  2. The list of certification criteria set out in these Regulations, as well as Verification areas are publicly announced and published for each Certificate on: https://www.tcfelite.eu,
    https://www.tccelite.eu, https://tceelite.eu and
    https://tcselite.eu
  3. The Participant meets the requirements in particular if:
    • it has a license to perform road transport in the intermediation of the carriage of goods (hereinafter referred to as: “Forwarding licence”),
    • has been present on the market for at least 12 months, except for a commercial law company which was transformed from another commercial law company, a partnership or a self-employment company, provided that its structure remained intact after transformation.
    • its profile on the Trans.eu Logistics Platform is valid in terms of information about the Participant’s enterprise, including: company, address, phone number, e-mail, activity start date and type of business,
    • its profile on the Trans.eu Logistics Platform has been completed with the following documents: a certificate of incorporation from the Companies House, a freight forwarder’s liability  insurance and a Forwarding licence
    • has a valid and paid up freight forwarder’s liability insurance,
    • in the concluded transport orders, it places information about the acceptability of the assignment of receivables or allow the assignment of receivables to the Trans.eu Group  companies,
    • sets payment dates for the carriers’ services for no more than 60 days from the date of issuing the VAT invoice,
    • has a TransRisk ratingat least as a good payer,
    • is not present on the Debt Exchange.
  4. The Participant satisfies the requirements of awarding TCC Elite Certificate, in particular if:
    • has a community licence for an international carriage of goods by road (in relation to international carriage, hereinafter referred to as: “Community licence”) or an authorisation to engage in the occupation of road transport operator (in relation to domestic carriage),
    • has been present on the market for at least 12 months, except for a commercial law company which was transformed from another commercial law company, a partnership or a self-employment company, provided that its structure remained intact after transformation.
    • its profile on the Trans.eu Logistics Platform is valid in terms of information about the Participant’s enterprise, including: company, address, phone number, e-mail, activity start date and type of business,
    • its profile on the Platform has been completed with the following documents: a certificate of incorporation from the Companies House, a road carrier’s liability insurance and the Community licence or an authorisation to engage in the occupation of road transport operator
    • his profile on the Platform is updated with the currently owned fleet.
    • has a valid and paid up road carrier’s liability insurance
    • has at least 95% of positive ratings as a carrier on the Trans.eu Logistics Platform,
    • over 75% of the Participant’s vehicles satisfy Euro 5 or Euro 6 combustion standards, as well as all the Participant’s vehicles mentioned above are equipped with GPS,
    • is not present on the Debt Exchange.
  5. The Participant satisfies the requirements of awarding TCE Elite Certificate, in particular if:
    • has been present on the market for at least 12 months, except for a commercial law company which was transformed from another commercial law company, a partnership or a self-employment company, provided that its structure remained intact after transformation.
    • its profile on the Trans.eu Platform is valid in terms of information about the Participant’s enterprise, including: company, address, phone number, e-mail, activity start date and type of business,
    • its profile on the Platform has been completed with the following documents: a certificate of incorporation from the Companies House and a road carrier’s liability insurance,
    • his profile on the Platform is updated with the currently owned fleet.
    • has a valid and paid up road carrier’s liability insurance
    • has at least 95% of positive ratings as a carrier on the Trans.eu Logistics Platform,
    • over 75% of the Participant’s vehicles satisfy Euro 5 or Euro 6 combustion standards,
    • all the Participant’s vehicles mentioned above are equipped with GPS,
    • is not present on the Debt Exchange.
  6. The Participant satisfies the
    requirements of awarding TCS Elite Certificate, in particular if:

    • has been present on the market for at least 12 months, except for a commercial law company which was transformed from another commercial law company, a partnership or a self-employment company, provided that its structure remained intact after transformation.
    • its profile on the Trans.eu Platform is valid in terms of information about the Participant’s enterprise, including: company, address, phone number, e-mail, activity start date and type of business,
    • its profile on the Platform has been completed with the following documents: a certificate of incorporation from the Companies House,
    • in the concluded transport orders, it places information about the acceptability of the assignment of receivables or allow the assignment of receivables to the Trans.eu Group companies,
    • sets payment dates for services for no more than 60 days from the date of issuing the VAT invoice,
    • has a TransRisk rating at least as a very good payer,
    • is not present on the Debt Exchange.

 

§ 6. Obligations of the Participant and/or Certified Participant of the Program

 

  1. By accepting the terms and conditions of these Regulations, the Participant represents that there are no pending bankruptcy or liquidation proceedings against it, and that there are no grounds to initiate such proceedings.
  2. The Participant / Certified Participant bears sole and full responsibility for the accuracy and validity of data provided by it in the certification process and published on the Trans.eu Logistics Platform. In the event of a change, the Participant/ Certified Participant is obliged to correct it and provide valid data to the Organiser, at the latest within 7 days of receiving information about the changes.
  3. The Certified Participant is obliged, at all times, to comply with the protection right to the Certificate mark, and bears liability for incorrect, inconsistent with the Regulations and unlawful use of the Certificate mark.
  4. In order to maintain the awarded Certificate, the Certified Participant shall update its profile on the Trans.eu Logistics Platform immediately after receiving information about any changes, including changes of information, data, documents, legal status, etc.

 

§ 7. Rights of the Participant and/or Certified Participant of the Program

  1. The Participant who was awarded the Certificate receives from the Organiser a document confirming that the Participant was awarded the Certificate, and the Participant is granted the  status of the Certified Participant on the Trans.eu Platform.
  2. The Organiser authorises the Certified Participant to:
    1. use the received Online Promotional Materials and the Promotional Materials in accordance with their intended use and rules defined by the Organiser,
    2. post information about the awarded Certificate on the website and through other media used by the Certified Participant;
    3. add to the Certified Participant’s profile on the Trans.eu Logistics Platform the received document confirming the awarding of the Certificate in PDF format;
    4. invoke the Certificate during negotiations with business partners,
    5. use the awarded Certificate for marketing purposes, promotion of the Certified Participant’s company, conducting business negotiations.
  3. The Organiser reserves the right to request removal or change of the above activities of the Certified Participant if:
    1. the Organiser finds non-compliance with the adopted rules of using the Certificate, Promotional Materials and Online Promotional Materials,
    2. the content posted by the Certified Participant is untrue or violates the personal interests of the Organiser.
  4. The Certified Participant is entitled to use the logotype and number (which is also the User’s TransId number) of the Certificate as part of the ongoing transport activities. In the event of withdrawal of the Certificate, or in the event of termination of the Certified Participant’s business activity, the Certified Participant shall lose the right to use the logo and number of the Certificate.

 

§ 8. Liability

 

  1. The Organiser shall not be liable for transactions concluded with the Participants or Certified Participants.
  2. The Certified Participant has no right to lend the Certificate or a logotype in any form to other Users or entities.
  3. The Participants are not allowed to use, in any form, the Certificate or the rights that the Certified Participants receive under the Certification. The Participant is fully liable for damage caused by an unauthorised use and/or disposition of the Certificate or its elements, logotype, etc.
  4. The Organiser is not liable for:
    • incorrect Verification resulting in a wrong awarding or withdrawing of the Certificate, caused by a fault of the applied algorithm or incorrect external data, including data from the Economic Databases,
    • failure to carry out or improper carrying out of orders accepted or concluded contracts in connection with the use of the Certificate,
    • actions or omissions performed by the Users, Participants or Certified Participants and third parties in connection with a breach of the Regulations,
    • solvency or insolvency of the Certified Participants,
    • improper use of the Certificate,
    • third party claims and damages caused in connection with the use of the Certificate,
    • withdrawal or refusal to award the Certificate for any reason,
    • failures of the Trans.eu Logistics Platform software used by the Certified Participant in connection with the awarded Certificate,
    • no display or display of outdated information about the awarded and withdrawn Certificates on the Trans.eu Logistics Platform or other systems to which the Certified Participant enters the Certificate logotype,
    • infringement of copyrights to the Certificate mark or any of its elements – the logotype, by the Certified Participant or other entities to whom it has made available or was able to make available the mark or logotype of the Certificate;
    • lost benefits of the Participants / Certified Participants in relation to the awarded or withdrawn Certificate or refusal to award it.

 

§ 9. Withdrawal of the TCF Elite Certificate

  1. In order to maintain the prestige of the Certificate, the Organiser shall have the right, at any time, to:
    • re-verify the Certified Participant,
    • request additional documents, information and data necessary to confirm the fulfillment of the terms and conditions, and criteria set out in the Regulations for holding the Certificate.
  2. The Organiser is entitled to withdraw the Certificate in the event that the Certified Participant:
    • ceases to meet any of the criteria specified in Article 5(3) and/or Article 5(4) and/or Article 5(5) and/or 5(6) of the Regulations and will not change this condition within time specified by the Organiser,
    • violates the Trans.eu Logistics Platform Regulations.
    • applies for bankruptcy, or an application for bankruptcy is filed against the Certified Participant,
    • loses the status of an authorised Trans.eu Logistics Platform User in accordance with the Trans.eu Logistics Platform Regulations,
    • violates the obligations set out in Article 6 of the Regulations.
  3. The Certificate is withdrawn with immediate effect if the Certified Participant:
    1. loses its licence for conducting business (forwarding or community licence),
    2. when it is found that it does not have a valid and paid up insurance meeting criteria set out in these Regulations,
    3. when it is found that in concluded transport orders it uses prohibition on transfer against Trans.eu Group companies,
    4. it is found that it sets payment terms for carrier services for no more than 60 days from the date of issuing the VAT invoice.
  4. In the event of withdrawing the Certificate, the mark placed in the profile of the Certified Participant on the Trans.eu Logistics Platform shall be deleted.
  5. The User who loses the Certificate may file another application for the Certificate.

 

§ 10. Personal data and privacy policy

 

  1. The Administrator of personal data of the Users is Trans.eu Group S.A. with its registered office in Wysoka, ul. Chabrowa 4, 52-200 Wysoka, 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 number 0000720763, contact: +44 203 80 85 086, info@trans.eu.
  2. The administrator has appointed the Data Protection Supervisor who can be contacted via e-mail: iod@trans.eu
  3. Personal data is processed in order to:
    • prepare to conclude and then perform the contract related to carry out the Verification, provide the Services, including the Account support, in accordance with Article 6(1)(b) of the GDPR;
    • arrange direct marketing (including the scope in which the User granted consent for receiving commercial information – including forwarding this type of information) – as the legitimate interest of the Administrator or a third party – Article 6(1)(f) of the GDPR;
    • conducting business and commercial activity, as well as sharing data with companies of the Administrator’s capital group, in order to report and run management processes – as the legitimate interest of the Administrator or a third party – Article 6(1)(f) of the GDPR;
    • send commercial information to the data provided in the registration form by Trans.eu Group S.A. and entities related to the Trans group based on the consent granted by the Portal user – Article 6(1)(a) of the GDPR;
  4. The recipients of the personal data shall be companies from the Trans.eu group, entities providing IT services, payment services, legal services, auditing entities.
  5. The administrator shall store the personal data for the time necessary to execute contracts with the Participant or until submitting the objection to processing the data based on the legitimate interest. At the same time, the Organiser shall store the personal data for the time during which he is obliged to store it, or documents including the date in order to document the fulfillment of legal requirements, including consent for the inspection of their fulfillment by the public authorities.
  6. The person, whom this data concerns, shall have the right to request the Administrator to grant access to this personal data, its rectification, deletion or limitation of processing, as well as the right to object to its processing, including the right to transfer the data.
  7. In the scope of which processing may take place based on the consent, the person shall have the right to revoke the consent at any time without affecting the conformity with the law of processing which was performed based on the consent before its revoking.
  8. The data is provided voluntarily. Failure to provide the personal data shall result in the inability to use the Portal and have the Certification Process conducted.
  9. Every person has the right to submit a complaint against the personal data processing to the President of the Office of the Personal Data Protection.
  10. The detailed information on personal data processing is specified by the Privacy policy, available on https://tcfelite.eu/privacy-policy/, https://tceelite.eu/privacy-policy/, https://tccelite.eu/privacy-policy/ and https://tcselite.eu/privacy-policy/.

 

§ 11. Copyright and trademarks

 

  1. All trademarks related to the Certificate, graphics, documents, the Certificate logotype or its elements are subject, without limits, to the existing legal protection under the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended), and are the property of the Organiser or relevant entities of Trans.eu Group S.A.
  2. The Users’/ Participants’/ Certified Participants’ use of the trademark shall not mean that it is not subject to legal protection of the Organiser or third parties. All rights to use the Certificate mark, including the right to use, copy and process, belong exclusively to the Organiser and/or other entities of Trans.eu Group S.A.
  3. The copyright to published works created independently by the Organiser is vested solely in the author. The reproduction or use of graphics, documents, the Certificate logotype or its elements in other electronic or printed publications is not permitted without explicit written approval of the Organiser.
  4. The Organiser allows the User / Participant / Certified Participant to use graphics, documents, the Certificate logotype or its elements only in the manner specified in these Regulations.

 

§ 12. Final provisions

 

  1. The Organiser shall have the right to unilaterally change the provisions of these Regulations. The changes enter into force upon publication of changes on: https://www.tcfelite.eu, https://www.tccelite.eu, https://tceelite.eu/ and https://tcselite.eu
  2. Filing an application for the Certificate or accepting the awarded Certificate is tantamount to the consent to the use of the Participant’s image and logotype in promotional campaigns related to the Certificate, as conducted by the Organiser and its affiliates.
  3. If any provisions of these Regulations are deemed partially or completely invalid under the law because of non-compliance with applicable laws, the remaining provisions shall remain in force.
  4. For matters not covered by these Regulations, the Polish law shall apply.
  5. Any disputes related to or arising in connection with these Regulations shall be settled by the general court appropriate for the Organiser’s head office.
  6. The Regulations enter into force on […]

 

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