- 1. DEFINITIONS
- 2. GENERAL PROVISIONS
- 3. REGISTRATION ON THE PLATFORM
- 3.1. GENERAL EXCHANGE
- 3.2. "TRUSTED PARTNERS" PRIVATE EXCHANGE
- 3.2.1. Creation of "Trusted Partners" Private Exchange
- 3.2.2. Principles of the Trusted Carrier's access to the Private Exchange
- 4. METHODS OF POSTING NEW Loads
- 4.1. GENERAL PROVISIONS
- 4.2. BIDDING SYSTEM
- 4.2.1. General provisions
- 4.2.2. The course of an Auction
- 4.2.3. Modification to the Starting Price and "Buy Now" price
- 4.2.4. Finalizing an Auction
- 4.2.5. Cancelling an Auction
- 4.2.6. Offer cancellation/withdrawal
- 4.3. REQUEST FOR PROPOSAL
- 4.3.1. General provisions
- 4.3.2. Course
- 4.3.3. Modification to an RFP
- 4.3.4. Finalization
- 4.3.5. Cancellation of an RFP
- 4.4. Assigning the Load
- 4.5 Assigning a Load according to the Pricebook (Catalogue of Price and Routes)
- 5. FEES AND COMMISSIONS
- 5.1. GENERAL EXCHANGE
- 5.1.1. Carrier
- 5.1.2. Customer
- 5.2. Private Exchange
- 5.2.1. Trusted Customer
- 5.2.2. Trusted Carrier
- 5.3. Integration Costs
- 6. USER ACCOUNT AND TERMINATION OF CONTRACT
- 7. LIABILITY OF THE PLATFORM OWNER
- 10. COMPLAINTS
- 11. FINAL PROVISIONS
- 12. APPENDICES
- 1. Fees and Commissions for Infracht Users
- Infracht Platform (also referred to as the Platform) – any page or subpage of infracht.com, infracht.pl and infracht.eu domains owned by: Infracht Spółka z ograniczoną odpowiedzialnością with registered office in Kraków, ul. Siewna 18, 31-231 Kraków entered into the register of entrepreneurs kept by the District Court for Kraków- Śródmieście in Kraków, 11th Economic Division of the National Court Register under KRS 0000651823 (Tax ID 6972329044, REGON 366066219), hereinafter referred to as Infracht Sp. z o.o. As part of its functionality, Infracht Platform Offers its Users two types of services: General Exchange and "Trusted Partners" Private Exchange.
- Customer – an entity registered on the Platform, being an entrepreneur, commissioning the transport of goods, including a freight forwarder, also referred to as an economic entity.
- Carrier – an entity registered on the Platform, being an entrepreneur, Offering the transport of goods, including a freight forwarder, also referred to as an economic entity.
- User a Customer or a Carrier, or an entity acting as a Customer and a Carrier, registered on the Platform, representing an economic entity.
- Account – a collection of information, documents and rights of a User on Infracht Platform, established in the course of registration.
- Sub-account – individual Account assigned to a natural person (employee).
- General Exchange – service available to each User registered on Infracht Platform.
- "Trusted Partners" Private Exchange – service Offered for Customers who entered into a separate services contract with the Platform Owner and for Trusted Partners added to the Private Exchange by the Customers, consisting in the creation of the platform module accessed solely by the Trusted Customer and Trusted Carriers chosen by them.
- Trusted Customer – customer for whom the "Trusted Partners" Private Exchange has been created according to a separate service contract with the Platform Owner.
- Trusted Carrier – the Carrier who has been added by the Trusted Customer to the "Trusted Partners" Private Exchange created by the Customer.
- Load – a collection of relevant information, entered on the Platform by the Customer, determining the terms and conditions of carriage, including the requirements for the Carrier, and, depending on the method of posting the Load, the starting price, the "Buy Now" price or the suggested price, constituting a proposal of entering into a contract for the Carrier, containing the entire set of conditions necessary to enter into a contract of carriage.
- Load assignment – assigning of the Load execution by the Customer to a selected Carrier for a fixed price.
- Auction (reverse auction) – contest of Offers constituting an action described in section 4.2 Bidding system.
- Request for Proposal (RFP) – contest of Offers constituting an action described in section 4.3 Request for Proposal (RFP).
- Catalogue of prices and routes (pricebook) – a list defining the details of Loads and conditions of carriage on the Trusted Customer's fixed routes, such as the type of Load, place of loading and unloading, prices of transport on the given route, etc.
- Offer – the Carrier's declaration of willingness to render the Load transport service on conditions specified by the Customer.
- Starting Price – the maximum price, determined by the Customer when creating an Auction, Offered by them for carrying a Load being the subject of an Auction.
- "Buy Now" price – defined by the Customer when creating an Auction with "Buy Now" option, fixed price for the carriage of the Load. The first Carrier wishing to render the carriage for the specified "Buy Now" Price wins the Auction and declares their willingness of concluding a contract to carry the Load.
- Suggested price – an indicative price the Customer specifies in an RFP for the carriage of the Load.
- Platform Administrator – the Platform Administrator is its Owner.
2. GENERAL PROVISIONS
- Infracht Platform is a tool which as part of its operations provides software for logistics that streamlines the transport management processes, facilitating and accelerating communication between customers, forwarders and carriers.
- The User must possess devices enabling them to use the Internet, mailbox and Web browser, as described in FAQs.
- Except for cases prescribed by law, it is forbidden to copy the content of the Platform or any part thereof for the purposes of resale.
3. REGISTRATION ON THE PLATFORM
- Registration on the Platform can be effected solely by a person authorised to act and to perform any operations related to the registration process, including the execution of rights and obligations, on behalf of the entrepreneur whose details are specified in the registration process, subject to section 3.2.2 paragraph 3.
- Infracht Sp. z o.o. reserves the right to contact its Users on the phone for the purposes of confirming the details specified by them during registration.
- Infracht Sp. z o.o. reserves the right to include verification documents in the User profile – information obtained from the National Court Register, Central Registration and Information on Business, information on conducting business activity as an active/passive VAT payer, information from the InfoMonitor Economic Information Bureau (for entities registered in Poland), as well as other required documents and company details, visible to the remaining Users of the Platform, secured with Infracht Sp. z o.o. watermark. The watermark does not confirm that the copy is a certified true copy.
- If the details change, the User is obliged to update them using a form available on the Platform, and to immediately send up-to-date versions of documents that have been changed/updated to email@example.com. The change of details requires their verification by the Platform Administrator, which can cause a limitation of the User's access to the Platform for the time necessary for the verification, not exceeding 7 business days. The above rule is first and foremost related to changes in the National Court Register, Central Registration and Information on Business, licences or insurance. The Platform Administrator stipulates that the time necessary for verification may be prolonged.
- In the course of registration a unique login and password are generated, which the User undertakes not to spread and to use solely for the purposes of signing in the Platform on behalf of the entity specified during registration.
- The User is not allowed to use other Users' credentials and make their Account available to other entities.
- Any activities performed using an identification login and password are deemed to be performed by the Users themselves, and Infracht Sp. z o.o. in Kraków does not bear responsibility for the User making the Account available to a third party.
- When rights and obligations related to conducting business activity by the User are transferred to another party in accordance with the law, Infracht Sp. z o.o. in Kraków must agree to transfer the right to use an Account on the Platform.
- An Account contains the details provided by the User during registration.
- A User can possess only one account on the Platform, with the right to create Sub-accounts for respective employees.
- The User can create an unlimited number of Sub-accounts for their employees. Creating a new Sub-account for an employee requires the provision of the employee name, surname, phone number and email address to which a message containing the request to confirm the willingness to create an account will be sent.
- The User may activate or deactivate the employee's Sub-account, change their name, surname and phone number, however, without the access to the Sub-account itself which is protected with a password known only to the employee.
- It is forbidden to submit Offers and enter into agreements for carriage between entities whose relations or connections raise a reasonable suspicion of acting in cooperation breaching the law or Infracht benefits, aiming at influencing the final result of a transaction.
- Infracht Sp. z o.o. in Kraków is not responsible for the User's providing untrue or incomplete details in the system.
- Infracht Sp. z o.o. reserves the right to the denial of access to Infracht Platform in cases required by the benefit of Infracht Sp. z o.o. or other Users, especially:
- when the required documents are missing, or the delivered documents contain inaccurate information or errors,
- registering the User as a debtor in the Economic Information Bureau,
- liquidation, bankruptcy, or recovery proceedings have been initiated against the User,
- the User has been conducting business activity for a period shorter than 6 months,
- the business activity has been suspended or closed.
3.1. GENERAL EXCHANGE
- Access to the General Exchange can be gained solely by an entity that has been conducting business activity for at least 6 months and the activity has not been suspended during this period.
- The Carrier must provide at least the following documents to firstname.lastname@example.org:
- a confirmation of license to carry out road transport of goods or a confirmation of license to carry out road transport as an agent in shipment of goods
- a confirmation of concluding a carrier's liability insurance contract (OCP) or a confirmation of concluding a freight forwarder's liability insurance contract.
- The documents listed in section 3.1 paragraph 2 are accepted in Polish, English, German and Russian. If the documents presented by the User are in a different language version than listed above, or the User fails to deliver their translation, Infracht Sp. z o.o. reserves the right to deny access to the General Exchange.
- The Platform Administrator verifies the correctness of details provided by the User during registration and verifies that the User has sent the documents required in the registration process, which limits the User's access to the General Exchange for the time necessary for verification, not exceeding 7 business days from the day of delivery of all the required documents. The Platform Administrator stipulates that the time necessary for verification may be prolonged.
- Apart from the documents mentioned in section 3 paragraph 5, Infracht Sp. z o.o. reserves the right to include in the User profile also the scans of documents delivered by the User, such as a confirmation of license to carry out road transport of goods or a confirmation of license to carry out road transport as an agent in shipment of goods, a confirmation of concluding a carrier's liability insurance contract (OCP) or a confirmation of concluding a freight forwarder's liability insurance contract, secured with Infracht Sp. z o.o. watermark. The watermark does not confirm that the copy is a certified true copy.
- The User is fully liable for authenticity and reliability of documents sent to Infracht.
- The Administrator shall activate the access to Infracht General Exchange upon approval of data specified in section 3 paragraph 2 and section 3.1 paragraph 1, 2, 3, 5.
3.2. "TRUSTED PARTNERS" PRIVATE EXCHANGE
3.2.1. Creation of "Trusted Partners" Private Exchange
- As part of the Platform functionality, the Administrator Offers the Customers the opportunity to use the "Trusted Partners" Private Exchange where an internal platform is created for the Customer, available solely to the Trusted Customer and the invited Trusted Carriers.
- The "Trusted Partners" Private Exchange service is made available to the Customer based on a separate service contract.
- "Trusted Partners" Private Exchange is made available as an additional functionality on Infracht Platform.
3.2.2. Principles of the Trusted Carrier's access to the Private Exchange
- The Trusted Customer adds selected Carriers to their list of Trusted Carriers in the Infracht system, which means that the Administrator has no influence on the Trusted Customer's decision on this matter (the Administrator only provides the technical ability to add the Carrier to the Private Exchange of the given Trusted Customer, not deciding in any way who will be able to join).
- The Carrier who has been added to the group of Trusted Carriers of a Trusted Customer is given access to Loads posted on the Private Exchange of the given Trusted Customer.
- When registering the Carrier, the Trusted Customer has no access to the newly-created account, cannot manage it or accept the Term of Use on the Carrier's behalf.
- Emails notifying of the Trusted Carrier's registration and creation of a Sub-account for their employee contain the following details: company name, name and surname and phone number of the person who performed acts described in section 3.2.2 paragraph 3 and 6.
- The Trusted Customer can resign from participation in the Private Exchange of a given Customer at any time. Resigning from the participation in the Trusted Customer's Private Exchange is effected by submitting a proper request in the User Account.
- Resignation from the participation in the Private Exchange does not mean the termination of the service contract in the form of using Infracht Platform.
4.1. GENERAL PROVISIONS
- Loads posted by the Customer on the General Exchange are visible to all Users registered on the Platform.
- As part of the Private Exchange service, the Trusted Customer can post Loads:
- On the "Trusted Partners" Private Exchange:
- To all Trusted Carriers
- To selected groups (one or more) of Trusted Carriers
- On the General Exchange (immediately or after the time specified on the form for posting a new Load by a Trusted Customer) with the following availability options:
- All Users of Infracht Platform
- Carriers only
- Forwarders only
- On the "Trusted Partners" Private Exchange:
- The Load posted only on the Private Exchange can be posted on the General Exchange at any time.
- The Carrier who has become the Trusted Carrier of one or more Trusted Customers gets access to Loads posted on the Private Exchanges of the Trusted Customers:
- as an additional functionality of Infracht system,
- with the ability to view Loads posted on the Private Exchanges of selected Trusted Customers,
- according to the visibility of Loads posted by the Trusted Customers, following the provisions of section 4.1 paragraph 2.a. and 2.b.
- The Carrier is obliged to submit Offers for Loads found via Infracht Platform or received in an email notification through Infracht system.
- All Offers submitted for Loads posted on the Private Exchange of the Trusted Customer, posted by the Trusted Carriers by means of any communication channel (email, phone, instant messenger, SMS, etc.), should be finalized with the submission of an Offer in the "Trusted Partners" Private Exchange system and approved by the Load owner.
- The Load should be formed in a complete and clear manner, not misleading to other Users. Particularly, true data should be provided regarding the goods being transported, their features and deadlines of the offered Load transport. The Customer is responsible for the content of the Load description and any errors and imprecise expressions therein.
- By posting a Load, the Customer confirms its legitimacy and the right of disposal over it.
- It is forbidden to include misleading information, vulgar language, words and expressions infringing social norms, advertisements and forms of promoting products and services, or content infringing the rules of law, in the content of the Load description.
- If dangerous goods and loads or animals are transported, both the Customer and the Carrier are obliged to have licenses, permissions, certificates and other required documents necessary for safe transfer of the Load and provision of the transport service.
- The Carrier who decides to transport a Load on an international route is obliged to possess all necessary permissions and insurance required when transporting the Load through respective countries and entering the target country.
- Upon confirming or winning a Load, the Trusted Carrier may fill out the Load details with the following driver and vehicle information:
- Driver name and surname with the ID card or passport number
- Driver's phone number
- Vehicle/truck/trailer registration number
- Additional information
- Data specified in section 4.1.12 are visible only to the Customer and the Carrier and constitute confidential data; they might be used solely for the purpose of transporting the given Load.
- The Customer and the Carrier have the possibility of enclosing files related to the transport of a given Load, such as bill of lading, invoice, etc.
- The documents enclosed are visible to the Customer and the Carrier, are confidential and should not be shared with unauthorized persons.
- The Platform owner is not liable for the authenticity and reliability of the documents attached.
4.2. BIDDING SYSTEM
4.2.1. General provisions
- Only Users registered on the Platform can participate in an Auction.
- The Auctions take place in the following system:
- Reverse Auction
- "Buy Now" Auction,
- Reverse Auction with "Buy Now" option.
- During the Auction only the participants' details chosen by the Platform Administrator, including an incomplete login, are published.
4.2.2. The course of an Auction
- The Customer, by introducing data via a new Load posting form available on the Platform, declares the willingness of concluding a contract to carry the Load specified in the Auction, at the same time indicating a maximum price they can pay for the service (Starting Price) and the manner in which the Carrier can finalize the purchase.
- "Buy Now" Auction:
- In the "Buy Now" Auction the Customer establishes a fixed price for the transport of Load, without an option of bidding for the Carriers. The first Carrier who wishes to carry the Load for the specified "Buy Now" price wins the Auction.
- Reverse Auction with "Buy Now" option:
- In the Reverse Auction with "Buy Now" option the Customer sets a maximum price which they can pay for the transport of Load (Starting Price), along with the fixed "Buy Now" price. The price for the "Buy Now" option must be lower than the Starting Price.
- When the Starting Price is reached, the "Buy Now" option is no longer available in the said Auction.
- The Carrier can submit a Price Offer exceeding the Customer's expectations. Such an Offer is not binding and serves as an information for the Customer about the existence of a Carrier who is willing to execute the Order for a greater price.
- The Carrier enters into the Auction by submitting an Offer using a proper form available on the Platform website. A new Offer cannot exceed or equal the current best Offer. The permissible outbidding amount cannot be lower than 10 PLN/5 EUR/5 GBP/5 USD.
4.2.3. Modification to the Starting Price and "Buy Now" price
- During the Auction, when no Carriers participate in the Auction, the Customer may freely modify the Starting Price and the "Buy Now" Price.
- If during the Auction at least one Carrier has submitted an Offer exceeding the Starting Price, the Customer may modify the Starting Price, however, the new Starting Price must be lower than the lowest price Offered by the Carriers participating in the Auction.
- In case the Starting Price is modified, all Carriers participating in the Auction shall be notified immediately by email about the change of the Starting Price.
- After the Starting Price is reached, the Customer cannot modify it by decreasing or increasing.
- In case of an Auction with the Buy Now price, the Buy Now price can be modified until the Starting Price is reached,
- In case of the "Buy Now" Auction, the price can be modified until the Offer is submitted by the Carrier.
- By the time the Auction is terminated or cancelled, the Offers submitted by the Carriers in the course of the Auction remain binding for the participants of the Auction.
- It is unacceptable to cancel an Auction and finalize the transaction with the Carrier participating in it outside of Infracht Platform.
4.2.4. Finalizing an Auction
- The Auction is finalized with selecting a winner, when at the time the Auction ends at least one Carrier has submitted an Offer which has reached the level of the Starting Price, or as soon as the conditions of the carriage of Load with the "Buy Now" option are accepted by the Carrier.
- The Reverse Auction is won by the Carrier making the best Offer among the Offers submitted by the time the Auction ends, if the said Offer has reached the level of the Starting Price.
- The "Buy Now" Auction is won by the first Carrier wishing to carry the Load for the specified "Buy Now" Price.
- The Reverse Auction with "Buy Now" option is won by the first Carrier wishing to carry the Load for the specified "Buy Now" Price or, if the Auction continues, the Carrier whose Offer was the best among the Offers submitted by the time the Auction ends, if the Starting Price level has been reached.
- The time remaining for submitting offers in the Auction may be prolonged automatically. The terms of prolonging the Auction can be found in the details of the ongoing Load.
- When the winning Carrier is selected, the Auction is knocked down by displaying proper information on the finalization and the identity of the winner in the Customer's and winning Carrier's Accounts on the Platform (the knock-down moment).
- The contract between the Customer and the Carrier is concluded at the moment of the knock-down.
- If the Auction ends according to section 4.2.4 paragraph 1 – 3 as a consequence of the Platform failure or a technical error, such an Auction does not result in a knock-down or conclusion of a contract.
- The Auction ends unresolved at the moment determined in its content, if no Offer has been submitted or none of the Offers made has reached the level of the Starting Price.
- As agreed by the Platform Users, the Customer receives the contact details of the winning Carrier, while the Carrier receives the contact details of the Customer.
- As the Platform Administrator, Infracht Sp. z o.o. is not the party to the contract concluded via the Platform between the Customer and the Carrier and does not guarantee the opportunity to conclude and execute the contract. The Platform only gives the Users the opportunity to conclude a possible contract, providing technical conditions and tools serving this purpose.
4.2.5. Cancelling an Auction
- For reasons beyond the control of the Customer, it is possible to cancel the Auction subject to section 4.2.5 paragraph 2.
- Bypassing the Platform intermediation in concluding the contract leading to the omission of the commission payment is forbidden.
- The Customer must communicate the reason for cancelling an Auction.
- If at least one Carrier participates in the Auction, the reason of cancelling is also communicated to the Carrier.
4.2.6. Offer cancellation/withdrawal
- Offer cancellation by the Customer
In exceptional circumstances, when justified doubts concerning the reliability of the Carrier arise or the Carrier asks for their Offer to be withdrawn, the Customer can cancel the best Offer in the auction. Offer cancellation results in the withdrawal of all remaining Offers, however, the Auction itself is not cancelled. Each Bidder shall be notified of the cancellation and the possibility of another bidding.
- Offer withdrawal by the Carrier
Due to important reasons behind their control, making it impossible to render the Load transport service, the Bidder can withdraw their Offer, provided that the Offer is winning at the moment of withdrawal. The procedure is possible only in the case of an ongoing Auction; the Bidder is obliged to state the reason for withdrawal. The Customer has the right to deny the Offer withdrawal.
4.3. REQUEST FOR PROPOSAL
4.3.1. General provisions
- Offers in an RFP can be submitted only by Users registered on the Platform.
- Offers made by Carriers are visible only to Customers.
- The Customer, by introducing data via a new Load posting form available on the Platform, declares the willingness of concluding a contract to carry the Load specified in an RFP, optionally indicating the Suggested Price they can pay for the carriage of the Load.
- The Carrier submits an Offer using a form on the Platform website.
4.3.3. Modification to an RFP
- The Customer has the right to modify the deadline for the submission of Offers and the details of the RFP only until the first Offer from a Carrier is submitted.
- The Suggested Price can be changed at any time, also after the submission of Offers.
An RFP ends with selecting a winner by accepting the Offer submitted by the Carrier and deemed by the Customer to be the best. For an RFP to end with a transaction, the Customer should choose one of the submitted Offers before the deadline for submission.
4.3.5. Cancellation of an RFP
- For reasons beyond the control of the Customer, it is possible to cancel an RFP subject to section 4.3.5 paragraph 2.
- Cancelling an RFP in order to bypass the Platform intermediation in concluding the contract is forbidden.
- The Customer must communicate the reason for cancelling an RFP.
- If at least one Carrier has submitted an Offer, the reason of cancelling is also communicated to the Carrier.
4.4. ASSIGNING THE LOAD INDIVIDUALLY
- As part of the "Trusted Partners" Private Exchange, the Trusted Customer may assign the posted Load (regardless of the posting method) to a selected Carrier:
- the Trusted Carrier
The Customer selects the Trusted Carrier and the contact person, defining the price of the transport service.
- The Carrier who does not belong to the group of Trusted Carriers and owns an Account on the Platform
The Load can be assigned to the Carrier who is not a Trusted Carrier of a company. As a results of assigning a Load to such a Carrier, the Carrier is added to the list of Trusted Carriers.
- A carrier from outside of the Platform
The Load can be assigned to a Carrier from outside of the Platform. The option can be preceded by registering such a company by the Trusted Customer (see section 3.2.2 paragraph 3 and 4).
- the Trusted Carrier
- Assigning a Load results in finalizing the Auction/RFP ahead of time, also when Offers have already been received for the Load.
- The selected Load can be assigned to the Trusted Carrier right away in the New Load creation form.
- The Customer may demand the Carrier's confirmation of accepting the Load by ticking the Require carrier's confirmation option.
- The Trusted Carrier to whom the Load has been assigned shall receive an email specifying the details of the Load which may also contain the notification of waiting for confirmation if such an option has been ticked by the Customer.
- The Load assigned is treated as the Load obtained by the Carrier, and the commission is charged according to Appendix 1. Fees and Commissions for Infracht Users
4.5. ASSIGNING A LOAD ACCORDING TO THE PRICEBOOK (CATALOGUE OF PRICES AND ROUTES)
- As part of the Private Exchange service, the Customer has the right to create a catalogue of fixed prices and routes which will then serve as the basis for assigning the Loads to Trusted Carriers.
- The Load may be assigned via the New load form or directly from the list of routes.
- The Trusted Carrier is notified of the assigned Load by email.
- The Customer may demand the Carrier's confirmation of accepting the Load by ticking the Require carrier's confirmation option.
- The Load assigned from the pricebook is treated as the Load obtained by the Carrier, and the commission is charged according to Appendix 1. Fees and Commissions for Infracht Users.
5. FEES AND COMMISSIONS
Registration and owning an Account on the Platform are free and do not impose any financial obligations towards Infracht Sp. z o.o.
5.1. GENERAL EXCHANGE
- Submitting Offers and winning Loads by the Users with the "Carrier" profile on the General Exchange is free.
- Each newly registered User with the "Customer" profile is granted a 30-day free period for posting Loads, counted from the moment the Account verification ends. The promotion does not concern Users who deleted their Accounts and are registering again.
5.2. PRIVATE EXCHANGE
5.2.1. Trusted Customer
- The Trusted Customer is not charged with fees or commissions related to posting and assigning the Load on the Private Exchange, unless otherwise stated in the contract for rendering the "Trusted Partners" Private Exchange service.
5.2.2. Trusted Carrier
- Carriers access the Private Exchanges of Trusted Customers free of charge.
- Trusted Carriers shall be charged with commission fees if the Load is obtained via the Private Exchange in the following circumstances:
- Winning the auction
- Using the Buy Now option
- Accepting an Offer of a Trusted Carrier by the Customer as a part of an RFP
- Assigning the Load by the Customer.
- Infracht reserves the right to decrease/cancel the commission of the Carrier for a set period of time or a defined number of Loads or Loads from specified Customers.
- The Trusted Carrier is not charged with commissions for the 5 first Loads obtained on Private Exchanges of their Trusted Customers.
- The settlement between Infracht and a Trusted Carrier shall be based on VAT invoices issued at the end of each calendar month and sent by email to the address specified by the Carrier in the registration form, payable within 14 days.
5.3. INTEGRATION COSTS
- The integration of Infracht system with internal systems of the User is priced individually and governed by a separate contract.
6. USER ACCOUNT AND TERMINATION OF CONTRACT
- Under particularly justified circumstances, including:
- the violation of law by the User,
- the suspicion of the Users' violating the reputation and benefit of Infracht Sp. z o.o.,
- violation of business ethics rules,
- late settlement of liabilities resulting from using the Platform, both towards Infracht Sp. z o.o. and the remaining Users of Infracht Platform,
- entering the User on the list of debtors of the Economic Information Bureau,
- the Carrier's lack of execution of the carriage contracts concluded via the Platform,
- Load cancellation happening too often,
- sending out marketing information to other Platform Users (spam),
Infracht Sp. z o.o. reserves the right to temporary block the functionality of the User Account or to delete it.
- If the Account is blocked, the Customer retains the access to previously created, ongoing Loads. When the Account is blocked, the Customer cannot post new Loads.
- The Carrier whose account has been blocked retains the right to finalize the Auctions in which they participate or enter into transactions for Loads assigned and RFPs for which they submitted an Offer. When the account is blocked, the Carrier cannot participate in new Auctions submit Offers for RFPs and be assigned a Load.
- A Contract may be terminated by either Party by giving a 7-days' notice.
- The User should terminate a contract via an email sent to: email@example.com.
- The termination of a contract by Infracht Sp. z o.o. should have the form of a written notice for the User or be sent via email, incorporating the details specified on the Platform.
- A contract is terminated when the other party receives a statement of termination, provided that:
- If the User conducts some activity on the Platform, the contract becomes terminated as soon as the activities are finished and payments owed to Infracht Sp. z o.o. are settled,
- If the Customer is overdue with payments owed to Infracht Sp. z o.o., the contract is terminated as soon as all payments are settled.
- The User is obliged to notify Infracht Sp. z o.o. about the planned changes in their business activity, especially about its suspension or closing.
- The contract may, due to substantial reasons, be terminated by Infracht Sp. z o.o. without notice, resulting in cancellation of all ongoing Auctions and RFPs posted by the User and deletion of an Account, with the exception of Auctions in which the Starting Price has been reachedand assigned Loads.
- If the contract has been terminated on Infracht Sp. z o.o.'s initiative, based on subsection 10 of this section, the User can register on the Platform again only upon obtaining the Administrator's consent.
- The termination of the Contract does not release the User from the obligation of settling payments owed to Infracht Sp. z o.o. and other Users of Infracht Platform.
7. LIABILITY OF THE PLATFORM OWNER
- The Users are liable for discrepancies in details entered on the Platform.
- Infracht Sp. z o.o. is not liable for any discrepancies in the details entered by the Users on the Platform.
- Infracht Sp. z o.o. is not liable for the authenticity of documents delivered by the Users and shared on Infracht Platform.
- Infracht is not liable for updating the information included in the User profile; Users are obliged to update any data by themselves
- Infracht Sp. z o.o. does not guarantee that Users are entitled to conclude contracts they committed to via Infracht Platform.
- Infracht Sp. z o.o. is not liable for services rendered by economic entities registered on the Platform in the course of trade.
- Infracht Sp. z o.o. is not liable for cancelled Loads, non-finalization of contracts by Users, non-execution or undue execution of a transport contract, especially for the resulting damage and benefits lost by the Users, including the ones caused by the Carrier not having a proper vehicle, offering a vehicle failing to fulfil the requirements of the Order, or a faulty marking of the auctioned Load.
- Before the date when the suggested changes enter into force, the User has the right to terminate the Contract with immediate effect.
- If the User objects without the Contract termination, the Contract terminates on the day preceding the day when the suggested changes enter into force.
- The Users are not allowed to disclose personal data and other information obtained during actions performed on the Platform to third parties, unless a consent of the User whose data are to be disclosed has been obtained or another proper legal basis has been provided.
- It is forbidden to use personal data and information described in section 9 paragraph 1-3 for marketing and commercial purposes in activities outside of the Platform.
- In order to file a complaint, you must send a message containing the description of circumstances, type and date of infringement, the requested method of resolving the complaint by Infracht Sp. z o.o., the name of the User and contact details of the person filing a complaint (if different than the details on the Platform).
- Infracht Sp. z o.o. can ask the User to provide further details, if such information is necessary to resolve the complaint. Failure to complete the necessary information results in the complaint being left unprocessed.
- Infracht Sp. z o.o. shall address the User's complaint immediately, no later than within 14 days from receiving the complaint in proper form. The answer to the complaint is sent to the email address specified by the User. Infracht Sp. z o.o. reserves the right to prolong the complaint processing period if collecting further information is required, which will be communicated to the complaining party.
- Complaints may be filed by email to: firstname.lastname@example.org.
11. FINAL PROVISIONS
- For the time necessary to perform technical activities and maintenance, Infracht Sp. z o.o. reserves the right to turn off the system (maintenance break).
- The Users shall be notified ahead of the planned works mentioned in section 1.
- The Platform Users are obliged to archive the information on contracts concluded via the Platform on durable media.
- All data, images, text and other materials available on the Platform are owned by Infracht Sp. z o.o. in Kraków and are protected as stated by the law. Copying and using their content is forbidden.
- The Parties agree that any disputes arising in connection with Infracht Sp. z o.o.'s delivery of services related to its functionality shall be settled by the court of proper jurisdiction for the Infracht Sp. z o.o. seat in Kraków.
This document is valid from June 17, 2019. The previous version of the document can be found here.