Contract for granting the access and use of the Blacklist-trans portal

1.General data

The Blacklist-trans portal is an IT application hosted by the website www.blacklist-trans.com.
The ownership of the Blacklist-trans portal belongs to INDACO SYSTEMS SRL, hereinafter called Administrator.
The legal or natural person using the Blacklist-trans portal, after registering and accepting the provisions of the present contract, is hereinafter called User.
This Contract for accessing and using the Blacklist-trans portal, closed between the 2 parties, Administrator and User, will be hereinafter called Contract.

2.Object of the contract

The administrator, by the meaning of sub-par. 1 offers the access to the IT application called Blacklist-trans portal through the internet, for authorized legal or natural persons, at its request, according to the effective legal rules and with the provisions of the present Contract.
The user uses the space of the Blacklist-trans portal for viewing and/or registering information and comments.

3.Fees. Types of subscriptions. Method of payment

3.1. Fees

The fees for using the Blacklist-trans portal are:

Fee          Euro/month (no VAT)	Type of subscription
0	Light Member Add incidents - FREE access
2	Gold Member

The fees can vary according to the type of subscription.

3.2. Types of subscription

Facilities	Light Member	Gold Member
Recording incidents	Yes	Yes
Searching incidents	-	Yes
Email service between the users of the portal	-	Yes
Other services offered by the Administrator of the portal	-	Yes
7 days/year – free posting the user’s company banner	-	Yes Only for the 6 month subscription
14 days/year – free posting the user’s company banner	-	Yes Only for the 12 month subscription

The user can choose to pay a subscription of 1, 3, 6 or 12 months.

3.3. Method of payment

The payment of the subscription is made by:

- bank transfer in the accounts:



- online

4. REGISTRATION

4.1 Technical conditions

The Blacklist-trans portal is compatible with the following types of internet browser: Internet Explorer 6.0, Internet Explorer 7.0, Mozilla Firefox 2.0.

4.2 Registration procedure

4.2.1. Registration procedure for Light members (free access)

The stages of registration as a Light Member are:
a. accessing the option „Sign up” or  „Create new account”.
b. completing the registration form, with the following data:

• - applicant’s identification data
  
• - viewing and accepting the provisions of the present contract

c. sending to the Administrator a copy of the applicant’s ID:

• - the company’s certificate of registration for legal persons

d. receipt, by the Administrator, of the applicant’s ID
e. after validation by the Administrator, the User will receive by email the access data to the portal

4.2.2. The procedure for Gold members (with subscription fee)

The stages for the subscription as Gold Member are:
a. accessing the option „Sign up” or „Create new account”.
b. completing the registration form, with the following data:

• - applicant’s identification data
• - viewing and accepting the provisions of the present contract

c. sending to the Administrator a copy of the applicant’s ID, that ca be:

• - the company’s certificate of registration for legal persons

d. payment of the subscription
e. receipt, by the Administrator, of the applicant’s ID and payment of the subscription
f. after validation by the Administrator, the User will receive by email the access data to the portal.

Any Light member can become a Gold member and any Gold member can become a Light member.
At the end of the period for which the subscription tax was paid, the Gold member automatically becomes a Light member.

5. FUNCTIONAL STRUCTURE

5.1 Structure of the portal

The Blacklist-trans portal includes the following sections:

SEARCH INCIDENT	Payment incident Transport incident Labor incident Other incident	The section allows the User (Gold member), to search in the data base of the Blacklist-trans portal a legal or natural person according to several search criteria (name of the company, company registration number, address, name/surname of the company’s representative, telephone, etc.)
ADD INCIDENT	Payment incident Transport incident Labor incident Other incident	The section allows the User (Gold or Light member), to register in the data base of the Blacklist-trans portal, information on he incident incurred by a legal or natural person.
ASK THE MEMBERS ABOUT	Companies Employees Others	The section allows the User (Gold member), to interrogate by email, all the Gold Members of a company or person. Subsequently, the answer received by email is registered in the User’s account under the section “MY questions and answers”

5.2. Structure of the information

The information included in Blacklist-trans are structured according to:

FIELD OF ACTIVITY	road fluvial/maritime air railway other type
TYPE OF COMPANY	expedition company client owner of means of transport other type
TYPE OF INCIDENT	of payment of transport of labor other type
TYPE OF USER	legal person natural person

6. Obligations of the parties

6.1. Administrator’s obligations

The administrator undertakes to:
- place at the User’s disposal the provisions of the present contract by permanently displaying it on the Blacklist-trans portal.
- to supply other identification elements at the User’s request, if possible.
The administrator has no obligation for the provision of hardware or software service for the User for accessing the Blacklist-trans portal.

6.2. User’s obligations

The user’s obligations are:
- to register the exact data in the registration form
- to update its identification data, as the case may be.
- to register, in the section ”Add incidents”, correct information or opinion that can be proved.
- not to send/publish through the Blacklist-trans portal: obscene, defamatory, slanderous, threatening or malevolent material towards another user; rights reserves materials, if the user is not the author or has not the author’s permission to publish the respective material; the materials containing any type of publicity, promotional materials, commercial offers, etc.; political, ethnic discriminatory information or that do not correspond to the purpose of the portal and the environment assigned.
- to submit, at the Administrator's request, the documents that can attest the information registered in the Blacklist-trans portal.
- not to take over nor use the information included in the Blacklist-trans portal without the Administrator’s written approval.
- to provide the necessary technical conditions for the internet connection that allow the accessing of the Blacklist-trans portal, according to the provisions in chapter 4.1.-Technical conditions of the present contract.

7. Liability of the parties

Starting with the date of accepting the provisions of the present contract, the User undertakes all the risks and consequences of the registration of information on the Blacklist-trans portal. The entire responsibility for the information registered by the User or from the Blacklist-trans portal, as well as for the consequences that will appear after registering this information, exclusively belongs to the User. The administrator has no legal responsibility towards the information published or sent by the User in the Blacklist-trans portal. The administrator shall not be held liable for any direct, indirect or incidental loss suffered by the User after using the Blacklist-trans portal and the information registered by him or by other Users, including the profit loss, the loss of a business opportunity or occasion, material or moral damages suffered by the User, etc.
The User uses the information supplied by/in the Blacklist-trans portal on its own liability.
The User undertakes to keep the confidentiality of the identification elements granted by the Administration. The user is held fully liable and shall cover any loss suffered by him or by the Administrator consequently to accessing the Blacklist-trans portal. The administrator is not held liable towards the eventual consequences which appear in case of unauthorized access of the account from the Blacklist-trans portal by third persons, for any reason.
The administrator does not guarantee and is not liable for the correctness and accuracy of the information published by the Users and does not transfer any information expressed by the Users. The Blacklist-trans portal acts as a passive factor in the online distribution of the information supplied by the Users and has no obligation of controlling in advance the material published by these.The content portal is purely informative without replacing official publications, may not be used as legal basis for any action / step in front of others. Portal Administration does not assume any responsibility for any discrepancies or errors that may occur at some point, between the content of the portal and real/actual information. In a decision that would rely on the information contained in this site, we recommend to consult and other sources of information, responsibility of decision entirely belong to the user. Administration accepts no responsibility for damage arising from the use of portal services, regardless of their nature.

8. Duration of the contract. Termination.

The contract for offering the access and use of the Blacklist-trans portal, begins with the User’s approval, by selecting the option “I agree with the terms and conditions” within the User’s registration section from the Blacklist-trans portal.
For Light Members, the duration of the contract is unlimited, except for cases of breach of the contractual provisions, when the contract is terminated.
During the period of the contract, the Light member have limited access to the services offered by the Blacklist-trans portal, according to the provisions in chapter 3. For Gold members, the duration of the contract is unlimited, except for cases of breach of the contractual conditions, when the contract is terminated.
During the period of the contract, the Gold members have unlimited access to the services offered by the Blacklist-trans portal, according to the provisions in chapter 5.1.The non-execution of the obligations or breach of the provisions of the present contract by the user, allows the Administrator to terminate the contract without the reimbursement of the remaining value of the subscription, as the case may be.
For the eventual damages suffered by the Administrator by the non-execution or breach of the provisions of the contract by the User, entitles the Administrator to request material or moral damages.

9. Final provisions

All he user’s identification data from the form of registration are public for all the Users, except for the financial-bank identification data (bank, account, etc).  The portal administrator can offer to the Gold Membership user, verification service of the companies in the Payment Incident Bureau-Romania. In this case, the user can request free up to 5 verifications per month. The Administrator reserves the right to decide the number of free requests offered to each User. The administrator holds the property right over all the information registered by users in the Blacklist-trans portal. The administrator may copy, distribute, send, publish, reproduce, translate this information, mention the User's name in connection to the information sent, transfers the right of use of the information, to transfer the right of using the information together with the User's name as affiant thereof, the User no having any material or moral claim.

The acquisition, use or transmission of any information contained by the portal blacklist-trans.com or transmitted by the Administrator to the users for republishing, commercial or retransmission proposes is prohibited without written consent/approval of the Portal Administrator. The administrator can erase the information registered by the user on the Blacklist-trans portal at any time. The right of publishing the information on the Blacklist-trans portal, regarding the promotions or publicity, exclusively belongs to the Administrator. The Access to blacklist-trans.com portal is offered exclusively to its users. Any other method of access to these services is considered illegal

The new conditions are applicable from the time they were made public by their inclusion in the blacklist-trans.com portal. Administrator reserves the right to restrict partially or totaly User’s access, in the case the members may jeopardize the portal activity through the use of the portal’s information. The administrator reserves its unilateral right to change at any time the provisions of the present contract. The changes that appear are published on the page of the, Blacklist- trans portal at the section „Terms and conditions”. The users have permanent access to the content of the present contract. The registration and use of the Blacklist-trans portal involves the User’s unconditional approval of the provisions of the present contract.
The present contract is governed by the Romanian law. Any litigation between the parties will be amicably solved, and if this is not possible, by the International Court of Commercial Arbitrage attached to the Chamber of Commerce and Industry of Romania.