Terms of use

1. PRELIMINARY PROVISIONS

1.1. The General Terms and Conditions of the Excellent SME Certificate (hereinafter: General Terms) govern the legal relations between the Chamber of Commerce and the Coface (hereinafter: CCI and Coface or only CCI) and the principal.

1.2. The applicable general terms and conditions are an integral part of any company evaluation to obtain the Excellent SME Certificate, which CCI and Coface concludes with the principal.

2. DEFINITIONS

2.1. In these General Terms definitions go as follows:

2.1.1. Micro, small and medium-sized enterprises are enterprises that are defined in accordance with Article 55 of the Companies Act (ZGD-1) or the equivalent law of specific country.

2.1.2. The Excellent SME certificate is a certificate for good standing companies awarded to micro, small, medium-sized businesses, including an on-line version of Excellent SME certificate, Excellent SME QR Code, printable version and credit rating report in electronic form.  

2.1.3. Excellent SME seal is a certificate of good standing published on the website of the client with the support of SafeSigned security technology from which each user can verify the validity of the Excellent SME Certificate for each client.  

2.1.4. The Excellent SME’s QR code is a two-dimensional bar code with the Excellent SME logo (.jpg format), with which each user is given access to the verified page of the Excellent SME Certificate, which shows the validity of the Excellent SME Certification for specific client.

2.1.5.  A credit rating report (not necessarily provided by each country) is a document in electronic form (.pdf format), the contents of which provide an overview of the basic information about the principal and his business based on the financial statements and additional information available for detailed analysis. The credit report is valid until the first change in the data that is part of the credit rating report (changes in the name, address, contact details of the principal, financial statements and business performance parameters) or 12 months from the issue of the Excellent SME Certificate.

2.1.6. A printable version of the certificate is a document in a A4 size (in .pdf format).

2.1.7. The contracting authority is a legal entity that concludes an agreement with the CCI and/or Coface to evaluate the company for obtaining the Excellent SME Certificate.

2.1.8. An order for evaluating a company for obtaining an Excellent SME certificate is an agreement by CCI and/or Coface and the principal in accordance with these general terms and conditions and by which the client orders the execution of procedures for obtaining the Excellent SME Certificate.

2.1.9. Evaluation is a verification process conducted by the credit report rating company which on the basis of the entire credit rating report, confirms or refuses the possibility of obtaining the Excellent SME Certificate.

2.1.10. Monitoring is an activity of the credit report company, by which it performs monitoring of the indicators for the company that was awarded the Excellent SME Certificate.

3. OBTAINING THE EXCELLENT SME CERTIFICATE

3.1. The Excellent SME certificate is issued on an invitation. The potential candidates are micro, small and medium-sized enterprises that have a credit rating of 6 or more and their turnover in the last year is higher than EUR 25,000.

3.2. For companies that are invited to respond, the selected credit rating company with the care of a good expert prepares the entire credit rating report. If the credit rating is 6 or better, the candidate will be informed of the positive evaluation. Otherwise, the procuring entity will be notified of an unsuccessful evaluation.

3.3. By ordering the evaluation of a company to obtain the Excellent SME certificate the client and CCI and/or Coface agree that the client orders the execution of procedures for obtaining the Excellent SME Certificate.

3.4 The Excellent SME Certificate shall be awarded to the Contracting Authority only in the event of a positive evaluation and compliance with the verification conditions (rating with a score of 6 and more).

3.5. Within 14 days of receiving the notification of the positive evaluation and the fulfillment of the verification conditions (credit rating of 6 and more), the Excellent SME Certificate is awarded to the principal on the e-mail address indicated on the order form.

3.6. From the issued date of the Excellent SME Certification the selected company for creating credit rating reports activates the yearly monitoring of the client.

4. PAYMENT FOR EXCELLENT SME CERTIFICATE

4.1. The amount of payment for the Order of Excellent SME Certificate is determined by the price list published on the website http://excellentsme.com, in the description of each issuer

4.2 The price of the Excellent SME Certificate is paid by the client on the basis of the published pro forma invoice by the GZ within 8 days to its business account.

4.3. If the evaluation of the client is negative, the client has no cost with the evaluation for the company for obtaining the Excellent SME Certificate. In this case, the client may order a prudential report at a reduced price of EUR 35.

5. TECHNICAL CONDITIONS

5.1. SafeSigned™ security technology enables secure and reliable certification of online certificates without the possibility of forging or copying. Technology helps protect websites from stealing corporate identity. SafeSigned™ technology through the Excellent SME seal provides a qualified link between the CCI and the client’s website in such a way that site visitors can check the authenticity of these links at any time and avoid potential attacks by copycats. The technology comprises of infrastructure (servers, software, domain names) that enable the CCI to monitor the issuing of certificates to specific recipients.

6. RULES OF USE OF THE EXCELLENT SME ONLINE SEAL AND THE EXCELLENT SME QR CODES

6.1. The recipients can use Excellent SME QR code only in printed material and in their e-mail. The client’s logo must be positioned according to the Excellent SME QR code so that there is no doubt about who is the recipient of the Excellent SME Certificate.

6.2. The client may only use the Excellent SME on-line seal on website(s), which he receives in the source code by e-mail when obtaining the Excellent SME Certificate. The publication of a different form or unauthorized publication on a website is deemed to be a breach of these general terms.

6.3. If any appearance of the Excellent SME certificate, according to CCI and/or Coface, is used in a manner that does not comply with these General Terms, the Excellent SME Certificate may be revoked. Excess of the use of the Excellent SME certificate will be transmitted to the market inspectorate upon prior notice of the principal and may be sanctioned by a penalty.

7. EXTENSION OR CANCILATION OF THE EXCELLENT SME CERTIFICATE

7.1. The Excellent SME certificate is automatically renewed for a period of one-year, provided that the principal again fulfills the conditions set out in point 3.2. of these General Terms and Conditions.

7.2. In the case where the selected company, on the basis of yearly monitoring, determines that the client’s credit rating has fallen below 6, the excerpt of the online seal of Excellent SME will be revoked. It is replaced by a technological seal which continues to provide the principal with the technological protection of his site. If during the duration of the Company Evaluation Procurement Contract for the Excellent SME Certificate, the client’s credit rating is improved to 6 or more, the Excellent SME’s seal is returned to the principal. 

7.3. In case that the Excellent SME Certificate client does not settle its obligations on the basis of the invoice within 8 days, the Excellent SME Seal  is revoked from the site. If during the lifetime of the Company Evaluation Procurement Order, the client fulfills its obligation to obtain the Excellent SME Certificate, the Excellent SME seal is returned to the client.

7.4. Withdrawal of the web seal of Excellent SME means the automatic removal of an online seal from the client’s website without the possibility of an objection.

8. RESPONSIBILITY, SECURYITY, PROCESSING AND USE OF DATA

8.1. For the availability, accuracy, up-to-date, completeness, correctness, timeliness and reliability of information that are used and displayed for a particular company or a business entity on the Excellent SME Certificate and verified page the Chamber of Commerce and Industry does not give any guarantees without restriction. In the event of any direct or indirect damage or loss arising from the use or reliance on the information provided on the Excellent SME Certificate, the Chamber of Commerce and Industry explicitly denies (as far as possible legally authorized) liability, either in full or in part. The GZS will not and can not guarantee or assume the users risk when using any data. Access to information displayed for a particular company or a business entity on the Excellent SME Certificate does not constitute a recommendation from the Chamber of Commerce and Industry to enter into a business relationship.

8.2. CCI and/or Coface explicitly declares that it is not responsible for the creation of a credit rating report and the monitoring performed by the selected company for the production of credit rating reports based on data derived from publicly available and trusted sources, so this information is not further verified and credit report company does not guarantee their accuracy. CCI and/or Coface are not liable for any defects or damages that are, directly or indirectly, originating from year-round monitoring.

8.3. CCI is not liable for any direct or indirect damage arising from technical activities (such as disruptions in server communication paths, servers failure, increased response time, etc.) in connection with the Excellent SME Seal.

8.4. CCI does not give users and the client any advice or confirmation of information derived from the Excellent SME Certificate.

8.5. The contracting authority agrees that its company will be published on the CCI reference list, the online directory of the recipients of the Excellent SME Certificate and other Excellent SME websites.

 

9. DURATION OF THE CONTRACT

9.1. An order for evaluating a company for obtaining the Excellent SME Certificate, by which the ordering authority orders the execution of procedures for obtaining the Excellent SME certificate, is concluded indefinitely.

9.2. By written notice, sent to the address: local CCI and Coface with the exclamation mark of Excellent SME or by e-mail sent to the address: local CCI and Coface, the contracting authority can resign from the order, not later than one (1) month before the expiration of the Excellent Certificate SMEs counted from the date of receiving the written notice of resignation.

9.3.  Your order will expire:

9.3.1. In case of negative evaluation as defined in point 3.2. these General Terms and Conditions.

9.3.2. In case the legal entity is terminated.

9.3.3. In case the Excellent SME Certificate is used in a manner that does not comply with Article 6 of these General Terms.

9.3.4. In case an enterprise ceases to be a micro, small and medium-sized enterprise (it overgrows the frames and becomes a large company or falls under these frames and becomes micro) in accordance with the definition in Section 2.1.1 of these General Terms.

10. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

10.1. To assess the Company Evaluation order for obtaining the Excellent SME Certificate and the General Terms and Conditions, and for issues not settled by the customer, the local Code of Obligation is used.

10.2. Any dispute arising out of or in connection with a legal relationship will be dealt with by the parties in agreement, if this is not possible, the parties have agreed a court of competent jurisdiction in the country of the ordered certificate.

11. VALIDITY OF GENERAL TERMS OF USE

11.1. The general terms of use apply from 01.10.2018.