REGULATIONS

TRANS.EU CERTIFIED FORWARDER ELITE RULES AND REGULATIONS

 

1. General provisions

These Regulations (hereinafter referred to as the “Regulations”) define the rules for applying by the Participant for the TCF Elite Certificate, rating and verification of the Participant, as well as awarding, suspending, and withdrawing the TCF Elite Certificate in the Program.

Where these Regulations pertain or refer directly to the Trans.eu Platform Regulations, the provisions of the Trans.eu Platform Regulations shall apply.

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 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 Platform Regulations.

2. Definitions

Program – a program specifying the terms and conditions of the certification process consisting in passing the audit, applying for the Trans.eu Certified Forwarder Elite Certificate, verification of Users, awarding, suspending, and withdrawing the certificates, in which the Users of the Trans.eu Platform, the Organiser and its representatives, collaborators, and Partners participate.

Program Organiser – TransAuditors.eu spółka z ograniczoną odpowiedzialnością 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 0000550268.

Audit – 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 Participant’s application and issuing the certification decision.

TCF Elite Auditor – a representative of the Organiser company or a person cooperating with the Organiser, who supervises the correct conducting of certification Audit at the Participant’s request.

Certification Commission – means a body consisting of at least one representative of the Organiser’s company or a person cooperating with the Organiser, who is appointed to make decisions regarding the awarding, suspending, and withdrawing the TCF Elite Certificates based on the results of the Audit and TCF Elite Auditor’s opinion. The Commission is appointed by the Organiser in accordance with the representation, and the date of the meeting, the number of members and the scope of the Commission’s activities are determined by the Organiser, in accordance with the Organiser’s policies.

TCF Elite Certificate – means a document confirming certification, bearing a unique number corresponding to the TransID number, which by the decision of the Certification Commission was assigned to the Trans.eu Platform User.

Certified Participant – means the Trans.eu Platform User awarded with the TCF Elite Certificate.

Partner – an entity active in the transport, freight forwarding and logistics industry, whose ratings of the Users in the Certification Program additionally confirms the high quality of services provided by the Users on the Trans.eu Platform.

User’s other documents – specialist permits and certificates.

Trans.eu Platform – an online information and service website owned and administered by Trans.eu Group S.A. (former: Logintrans spółka z ograniczoną odpowiedzialnością) 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.

Ratings and Comments System – means the system of ratings and comments defined in Annex 6 to the Regulations of Providing Services and Security of the Trans.eu Platform, available on: http://www.trans.eu/pl/zalacznik-6-do-regulaminu-pakiet-bezpieczna-firma

Regulations of Trans.eu Platform – means the Regulations of Providing Services and Security of the Trans.eu Platform, available on: https://www.trans.eu/en/regulations/.

Audited Insurance – means a high quality insurance policy that meets the standard set by Transbrokers.

TransRisk – the TransRisk Index is part of the “Transaction Security” Service provided as part of the Trans.eu Platform, which is a rate calculated individually for each User, allowing verification of a given User in terms of its financial credibility.

Debt Exchange – an online platform for publishing Debt-selling advertisements, available on: https://en.transinkasso.eu/. 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://pl.transinkasso.eu/.

Economic Database – institutions collecting data about unreliable debtors or other economic data. Examples of such institutions are: ERIF Economic Information Bureau (Biuro Informacji Gospodarczej, BIG), BIG InfoMonitor, Krajowy Rejestr Długów BIG (National Debt Register), KBIG Krajowe Biuro Informacji Gospodarczej (National Economic Information Bureau), KITD Krajowa Informacja Długów Telekomunikacyjnych (National Telecommunications Debt Information), and other similarly reliable data on various business entities.

Online Promotional Materials – a shipment containing a PDF document confirming the awarding of the TCF Elite Certificate, certificate logotypes, banners for the website, and any other materials promoting the TCF Elite Certificate and the Certified Participant, for online use.

Promotional Materials – a shipment containing gadgets and accessories promoting the TCF Elite Certificate and the Certified Participant.

User – means the User defined and meeting the terms and conditions specified in the Regulations for Providing Services and Security of the Trans.eu Platform, available on: https://www.trans.eu/en/regulations/.

Participant – means the User of the Trans.eu Platform whose application for the TCF Elite Certificate is being verified.

3. Information about the TRANS.EU CERTIFIED FORWARDER ELITE program for certification and promotion of certified companies

The Trans.eu Certified Forwarder Elite Certificate is a Certificate awarded to the Participants in order to distinguish and promote honest and reliable Users operating in the transport industry, in particular, rendering forwarding services, i.e., mediation in the sale of cargo, along with the organization of transport processes.

The TCF Elite Certificate is a proof of care for the highest quality of forwarding services, and it ensures the reduction of risk of transactions offered and carried out by the Certified Users via the Trans.eu Platform. The information about the Certified Participants to confirm their specific competences is published via the Trans.eu Platform and distributed in a different manner specified in the Regulations.

The awarding of the TCF Elite 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 Platform, or other benefits at the Organiser’s discretion.

By joining the Program, the User accepts these Regulations, together with the related documents, such as the Trans.eu Platform Regulations.

The Certified Participant who was awarded the TCF Elite Certificate, grants consent to publication of the information on awarding, suspension and withdrawal of the TCF Elite Certificate at the websites of Trans.eu Group S.A. (former: Logintrans sp. z o.o.) and websites of its affiliates, and in particular, on the Organiser’s websites https://www.tcfelite.eu.

4. Procedure for awarding the TCF Elite Certificate

The User applying for the TCF Elite Certificate must meet all the criteria set out in these Regulations.

The TCF Elite Certificate is awarded upon the User’s application.

A refusal to award, or the withdrawal or suspension of the TCF Elite Certificate takes place by a unilateral decision of the Organiser. However, such a decision should be justified.

A suspension or withdrawal of the TCF Elite Certificate may take place as a result of discontinuation of the Program by the Organiser, after informing the Participant or Certified Participant.

The TCF Elite Certificate is issued in the form of a document sent to the address of the Certified Participant and the status displayed on the Trans.eu Platform. The document confirming the awarded TCF Elite Certificate is sent in the PDF format via e-mail and/or in the form of a certificate with a holographic mark to the Certified Participant’s correspondence address.

The TCF Elite Certificate is issued for 365 days, starting from the date of awarding the TCF Elite Certificate. After this time, in order to maintain the TCF Elite Certificate, the Certified Participant is obliged to pass a re-audit. A failure to be re-audited after the expiry of the deadline referred to in the previous sentence is tantamount to resignation from the TCF Elite Certificate.

In the event of loss of the TCF Elite Certificate by the Certified Participant, reimbursement shall not apply.

In the event of suspension or withdrawal of the TCF Elite Certificate by the Organiser without a valid reason, the Participant or Certified Participant may file a complaint, unless the circumstances referred to in point 4.4 occur.

The User is registered to the Program by logging in to https://www.tcfelite.eu.

The TCF Elite Certificate is awarded to the Participants whose credibility, reliability and high quality of services is verified, among other things, through:

– the level of completing by the Participant/Certified Participant of the account registered in the Trans.eu Platform, with the following content:

– updated contact details (in particular, NIP [VAT number] and/or KRS [National Court Register No.])

– updated documents (license to perform the road transport in the intermediation of the carriage of goods);

– business activity calculated by the number of:

– transactions carried out in time;

– posted offers;

– positive opinions given by the Participant’s/Certified Participant’s counterparties, posted in the Ratings and Comments System of the Trans.eu Platform;

– reliability supported by:

presence and experience on the transport, freight forwarding and logistics market;

impeccable reputation resulting, in particular, from recommendations of the experienced and trusted Users of the Trans.eu Platform.

Detailed terms and conditions as well as criteria for awarding the TCF Elite Certificate are set out in point 6. “The TCF Elite Certificate Awarding Terms and Conditions.”

5. Audit

The Participant’s verification shall be carried out by the Organiser by means of an audit of all required competences of the Participant taking part in the Program.

By the end of 2018, the first Audit is free of charge, and the price of each subsequent one is set individually. From 1 January 2019, the Audits will be subject to payment according to the price list. The Organiser reserves the right to change the price and to determine it individually, in consultation with the Participant. The price list for the Audit is available at: https://www.tcfelite.eu.

The Auditor verifies data provided by the Participant.

The Auditor verifies data collected in the economic information databases and obtained from publicly available sources.

At the discretion of the Auditor, the Debt Exchange and other external records that may contain information on the Participant’s unfavorable financial situation, are verified.

At the discretion of the Auditor, the Participant’s data obtained from the Program Partners, is verified.

At the end of the Audit, the Participant shall receive the final report, along with recommendations.

The Organiser has the right to award the TCF Elite Certificate to Users who did not submit the application, but meet the conditions required in point 6 of the Regulations.

The Organiser may refuse to award the Participant with the TCE Elite Certificate if the Participant fails to meet all the requirements specified in point 6 of the Regulations.

Irrespective of meeting the requirements set out in the Regulations, the Organiser may refuse to award the TCF Elite 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 Trans.eu Certified Forwarder or the Trans.eu Platform brands.

At each stage of the verification process, the Organiser may request that the Participant/Certified Participant submit additional documents and information, in order to maintain or renew the Participant’s/Certified Participant’s TCF Elite Certificate .

The Organiser awards the TCF Elite Certificate after the Audit, and upon fulfillment by the Participant of detailed criteria in the certification process.

The Organiser declares that the Certified Participant meets the requirements set out in these Regulations on the day of awarding the TCF Elite Certificate.

6. The TCF Elite Certificate Awarding Terms and Conditions

During the Audit, detailed quality criteria are verified.

The list of certification criteria set out in these Regulations, as well as verification areas are publicly announced and published on: https://tcfelite.eu/en/

The Participant meets the requirements in particular if:

– it has a license to perform road transport in the intermediation of the carriage of goods;

– it has entered VAT document on the Trans.eu Platform;

– has been present on the marked for at least two years, subject to point 5 below;

– has been present on the market for at least one year (applies to the Participant whose activity has been transformed, which shall be adequately demonstrated by the Participant);

– employs at least five forwarding agents or has a minimum annual income of PLN 10 million;

– has at least five regular clients (as declared);

– carries at least 40 client trucks;

– has a freight forwarder’s valid and paid up liability insurance;

– has an insurance extension to the contractual carrier, or owns the carrier’s liability insurance, unless the Participant proves that this insurance is not relevant for it;

– 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;

– has at least 30 ratings of the Participant on the Trans.eu Platform from the period of 365 days preceding the application for the TCF Elite Certificate;

– has at least 95% of positive ratings as a payer on the Trans.eu Platform;

– has at least 90% of positive ratings as a carrier (if it has them);

– sets payment dates for the carriers’ services for no more than 60 days from the date of issuing the VAT invoice,

– the average payment delay can be no more than 14 days (verification based on the interview with the carrier);

– has a TransRisk rating at least as a very good payer;

– no significant publications on the Debt Exchange in the last year;

– before ordering the cargo with the carrier, the Participant verifies the carrier according to the following criteria or a part thereof (the obligation to verify at least one third of the following criteria):

-current carrier company details;

current transport license and company documents;

mandatory third party liability insurance of the carrier (current amount of cover) and confirmation of payment for installment/whole, verification of the scope of the carrier’s third party liability insurance (clauses and exclusions);

confirmed long-term presence of the company in the transport, freight forwarding and logistics industry, and on the Trans.eu Platform;

positive verification of the good reputation of the company on the Trans.eu Platform;

confirmation that VAT number is active;

checking the validity of the transport license;

providing the contact to the driver or possession of telematics;

declarative periodicity of verification by checking the fleet: vehicle data or list and brands of carrier’s vehicles;

no explicitly negative ratings of the Participant on the Internet, in particular on the Trans.eu Platform forum;

The Participant proves that the profile of its business is a forwarding, and it has appropriate documentation and confirmation in the form of contracts with clients;

If the Participant no longer meets the criterion referred to in point 3(17) and (18) above, the Organiser shall set the Participant a 3-month repair period. In the event of further non-fulfillment of the criterion, the Organiser shall withdraw the TCF Elite Certificate.

A positive decision regarding the fulfillment of the criterion set out in point 3(18) shall be taken based on the following variables:

– number of verified applications for the Debt Exchange in the last 365 days;

– sums of published debts in the last 365 days;

– number of days of debt lifespan on the Debt Exchange;

– final status of debt.

The audit decision will also be influenced by factors such as the assessment of the Participant’s company by five carriers indicated by it, and (optionally) shippers, as obtained during the interview. The indication of carriers and/or shippers by the Participant is tantamount to the Participant’s collecting the consent from these entities to share data with the Organiser, and to be contacted by the Organiser.

7. Obligations of the Participant and/or Certified Participant of the Program

By accepting the terms and conditions of these Regulations, the Participant declares that there are no pending bankruptcy or liquidation proceedings against it, and that there are no grounds to initiate such proceedings.

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 Platform. In the event of a change, the Participant/ Certified Participant is obliged to correct and provide valid data to the Organiser, at the latest within 7 days of receiving information about the changes.

The Participant / Certified Participant bears sole and full responsibility for non-performance or improper performance of agreements, accepted orders and other transactions via the Trans.eu Platform and outside it, and at the same time, releases the Organiser from any liability in this respect.

The Certified Participant is obliged, at all times, to comply with the protection right to the TCF Elite Certificate mark, and bears liability for incorrect, inconsistent with the Regulations and unlawful use of the TCF Elite Certificate mark.

In order to maintain the awarded TCF Elite Certificate, the Certified Participant shall:

– update its profile on the Trans.eu Platform immediately after receiving information about any changes, including changes of information, data, documents, legal status, etc.;

– meet the terms and conditions for being awarded the certificate, referred to in points 6.2 and 6.3 of these Regulations, and in the event of failure to meet the above terms and conditions, the Certified Participant shall repair this condition within 3 months from the date of finding non-compliance;

8. Rights of the Participant and/or Certified Participant of the Program

The Participant who was awarded the TCF Elite Certificate by the Certification Committee’s decision receives from the Organiser a document confirming that the Participant was awarded the TCF Elite Certificate, and the Participant is granted the status of the Certified Participant on the Trans.eu Platform.

The Organiser authorises the Certified Participant to:

– use the received Online Promotional Materials and the Promotional Materials in accordance with their intended use and rules defined by the Organiser;

– post information about the awarded TCF Elite Certificate on the website and through other media used by the Certified Participant;

– add to the Certified Participant’s profile on the Trans.eu Platform the received document confirming the award of the TCF Elite Certificate in PDF format;

– invoke the TCF Elite Certificate during negotiations with business partners;

– use the awarded TCF Elite Certificate for marketing purposes, promotion of the Certified Participant’s company, conducting business negotiations.

The Organiser reserves the right to request removal or change of the above activities of the Certified Participant if:

the Organiser finds non-compliance with the adopted rules of using the TCF Elite Certificate, Promotional Materials, or Online Promotional Materials;

the content posted by the Certified Participant is untrue or violates the personal interests of the Organiser.

The Certified Participant is entitled to use the logotype and number (which is also the User’s TransId number) of the TCF Elite Certificate as part of the ongoing transport activities within 365 days of being awarded the TCF Elite Certificate. In the event of withdrawal or suspension of the TCF Elite 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 TCF Elite Certificate.

9. Liability

The Organiser shall not be liable for transactions concluded with the Participants or Certified Participants.

The Certified Participant has no right to lend the TCF Elite Certificate or a logotype in any form to other Users or entities.

The Participants are not allowed to use, in any form, the TCF Elite Certificate or the rights that the Certified Participants receive under the TCF Elite Certificate. The Participant is fully liable for damage caused by an unauthorised use and/or disposition of the TCF Elite Certificate or its elements, logotype, etc.

The Organiser is not liable for:

– failure to carry out or improper carrying out of orders accepted or made in connection with the use of the TCF Elite 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 TCF Elite Certificate;

– third party claims and damages caused in connection with the use of the TCF Elite Certificate;

– suspension, withdrawal or refusal to award the TCF Elite Certificate for any reason;

– failures of the Trans.eu Platform software used by the Certified Participant in connection with the awarded TCF Elite Certificate;

– no display or display of outdated information about the awarded, withdrawn or suspended TCF Elite Certificates in the Trans.eu Platform or other systems to which the Certified Participant enters the TCF Elite Certificate logotype;

– infringement of copyrights to the TCF Elite Certificate 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 TCF Elite Certificate;

– lost benefits of the Participants / Certified Participants in relation to the awarded, withdrawn, suspended TCF Elite Certificate or refusal to award it.

10. Suspension or withdrawal of the TCF Elite Certificate

In order to maintain the prestige of the TCF Elite Certificate, the Organiser has 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 TCF Elite Certificate;

– carry out a verification audit at the place of business of the Participant / Certified Participant.

The Organiser is entitled to suspend the TCF Elite Certificate in the event that the Certified Participant:

– ceases to meet any of the criteria specified in point 6.3 of the Regulations and/or violates the obligations set out in point 6 of the Regulations;

– violates the Regulations and/or the Trans.eu Platform Regulations available on: http://www.trans.eu/en/regulamin;

– suspends the performance of business activities specified for the transport, freight forwarding, and logistics industry.

If there are any premises for failure to meet any of the criteria referred to in these Regulations, the Organiser shall inform the Certified Participant about these circumstances and ask it to remedy this condition within the period specified by the Organiser, however no longer than 3 months, except for the criteria described in point 6(3)(1), (2), (9), (18), (21), where the loss of the TCF Elite Certificate takes place immediately. If, after this date, the Certified Participant still fails to meet the criteria necessary to possess and use the TCF Elite Certificate, the Organiser shall withdraw the TCF Elite Certificate. In such a case, the Organiser shall request that the Certified Participant ceases to use the TCF Elite Certificate and removes the Certificate information from its Trans.eu Platform profile and other systems to which the User has entered any elements of the TCF Elite Certificate or its logotype. At the moment of informing the User about the Organiser’s decision to withdraw the TCF Elite Certificate, it loses the rights referred to in point 8 of the Regulations.

The Organiser shall be entitled to withdraw the TCF Elite Certificate if the Certified Participant:

– ceases to meet any of the criteria specified in point 6.3 of these Regulations, and fails to change this condition within the set time limit in accordance with point 10.3 above;

– violates the Regulations of the Trans.eu Platform available on: https://www.trans.eu/en/regulations/;

– applies for bankruptcy, or an application for bankruptcy is filed against the Certified Participant;

– loses the status of an authorised Trans.eu Platform User in accordance with the Trans.eu Platform Regulations;

– violates the obligations set out in point 6 of the Regulations.

In the cases referred to in point 10.4 of the Regulations, the TCF Elite mark placed in the profile of the Certified Participant on the Trans.eu Platform shall be deleted.

The User who loses the TCF Elite Certificate may file another application for the TCF Elite Certificate.

11. Personal data or confidentiality

The Organiser is the Personal Data Controller. Data is collected and processed to implement the Program and to enable the Users, potential Participants and Certified Participants to contact the Organiser and carry out the certification process.

The data is provided voluntarily, and all rules are set out in the Privacy Policy available on: https://www.trans.eu/en/regulations/. The User / Participant / Certified Participant has the right to access the submitted data and correct it, and to request removal thereof.

12. Copyright and trademarks

All trademarks related to the TCF Elite Certificate, graphics, documents, the TCF Elite 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. (former: Logintrans Sp. z o.o.).

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 TCF Elite 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. (former: Logintrans Sp. z o.o.), subject to the relevant points of the Regulations.

The copyright to published works created independently by the Organiser is vested solely in the author. The reproduction or use of graphics, documents, the TCF Elite Certificate logotype or its elements in other electronic or printed publications is not permitted without explicit written approval of the Organiser.

The Organiser allows the User / Participant / Certified Participant to use graphics, documents, the TCF Elite Certificate logotype or its elements only in the manner specified in these Regulations.

13. Final provisions

These Regulations enter into force on the day of their publication on: www.tcfelite.eu.

The Organiser has the right to unilaterally change the provisions of these Regulations. The changes enter into force upon publication of changes on: www.tcfelite.eu.

Filing an application for the TCF Elite Certificate or accepting the awarded TCF Elite Certificate is tantamount to the acceptance of the Regulations, and the consent to the use of the Participant’s image and logotype in promotional campaigns related to the TCF Elite Certificate, as conducted by Trans.eu Group S.A. (former: Logintrans Sp. z o.o.) and its affiliates.