The formula for calculating points of User's account in the Reliability rating

Your right to post opinions and claims

Rules of placing opinions

Rules for filing and appealing Claims

Rules for filing and processing complaints against users

 

 

The formula for calculating points of User's account in the Reliability rating

 

User's account points in Reliability rating are calculated as the sum total of all points of the following criteria:

 

Opinions*

Positive opinions for the last 24 months and negative for the last 36 months are included in the calculation, the maximum value is 10 points. International transportations are accounted with an upward coefficient (x1.5), regardless of whether the opinion is positive or negative.

   
Claims Minus 0.25 points of the Reliability rating for each unresolved claim (regardless of the date of its creation).
   
Profile is verified

The profile is verified upon receipt of the payment from the business account of the firm or upon receipt of notarized copies of the documents. The maximum value: 2.0 points.

   
Date of registration on the site

Complete years with "Lardi-Trans",
(0-1) - 0.0 points,
(1-2) - 0.2 points,
(2-3) - 0.4 points,
(3-4) - 0.6 points,
(4-5) - 0.8 points,
(5-6) - 1 point,
(6-7) - 1.2 points,
(7-8) - 1.4 points,
(8-9) - 1.6 points,
(9-10) 1.8 - points,
≥10 - 2 points.

   
Is a partner

For every adding of the firm into "My partners" list by another firm +0.01 points. Maximum value: 1 point (100 partners).

   

How many years
the name has not been changed

Complete years:
(0-2) - 0.0 points,
(2-3) - 0.2 points,
(3-4) - 0.3 points,
(4-5) - 0.4 points,
(5-6) - 0.5 points,
(6-7) - 0.6 points,
(7-8) - 0.7 points,
(8-9) - 0.8 points,
(9-10) - 0.9 points,
≥10 - 1 point
   
Total  16,5

 

When multiple User accounts have the same score they are ranked by special formula using Wilson confidence interval to account for both the proportion of positive opinions as well as total number of opinions received.

 

 

Your right to post opinions and claims

 

You are given the opportunity to post opinions and claims to other Firms (corresponding accounts) upon meeting the following conditions:

1. using a paid package of Services; and

2. one of the following:

  1. the validity of the status of successful Profile verification; or
  2. the validity of the reliability Rating score of no less than 4.

 

 

Rules of placing opinions

 

1. Posting of opinions is a post-moderated service, in other words, moderators check opinions (including those by the request of opinion recipient) after posting an opinion to the public access. From the very beginning we rely on your honesty and propriety.

 

2. The recipient of the first priority of an opinion, objections, proofs etc. is not the administration of Lardi-Trans but the transport community. Opinion should relate to the direct relationship between the author and the user who is the subject of posting the opinion, it should not be based on false information or information that has become known to the author of opinion from unknown sources or sources that can not be verified.

 

3. Moderators of Lardi-Trans do not assess opinions from the perspective of "veracity" (moderators do not have opportunities and authority to go into details of relations between parties except those that are provided by the website and forum Lardi-Trans). At the same time, Lardi-Trans welcomes the public statements by both author and recipient of an opinion with indicating whether specific circumstances are true or not and providing evidence and arguments.

 

4. Responsibility for the content of any opinion bears the user who posted it and who, in accordance with the current legislation of Ukraine, is the author of the relevant information message (opinion).

 

5. Person that spreads information can be asked to prove its authenticity and veracity, in the case of challenging the opinion in court according to Ukrainian laws. As well, value judgments cannot be proved or refuted, as they represent the personal point of view of the author of an opinion; only the actual circumstances can be true or not. Finally, parties should bear in mind that Lardi-Trans is not a judicial institution and is not empowered to adjudicate the dispute between users.

 

6. On the basis, that it is principally impossible to check the authenticity and validity of information about opinions, primarily moderators assess opinions by the criteria of honesty, integrity, compliance with the requirements of current legislation of Ukraine and the presence or absence of violations of the current legislation of Ukraine, compliance with the requirements of the User Agreement and Rules of placing opinionsLardi-Trans.

 

7. An opinion is subject to deletion if:

7.1 the moderator has reasonable grounds to believe that the author of the opinion posted it in bad faith;

7.2 the opinion contains insults and threats, profanity and/or veiled profanity (in particular, but not exclusively, words (phrases) of profanity, individual letters in which are replaced with other symbols), the propaganda of racial, national and religious enmity, and any other statements that violate the current legislation of Ukraine;

7.3 the decision of the court of Ukraine on the falsity of the information posted on the Lardi-Trans website and/or on its refutation came into force.

 

8. Opinions on a user will be deleted in its entirety if there are changes in the user’s profile, such as change of tax identification code for an individual entrepreneur or code of "The unified state register of enterprises and organizations of Ukraine” for legal entity that indicates a change in the economic entity.

 

9. Initially we rely on honesty and integrity of the author of an opinion. Moderators may question the honesty of the author of an opinion in such cases:

  1. for negative opinions — on the initiative of the opinion recipient except for the cases if there are insults in an opinion. Offensive remarks in the opinion (including further comments from the author) are the absolute grounds for removing the opinion regardless of the subject matter;
  2. for positive opinions — on the initiative of Moderators and/or of any User.

 

10. Considering the question of unfairness of an opinion when there are some doubts or challenge about the reliability of the information provided, the moderator has the right to require the author to provide all the necessary copies of documents that confirm the relations between the author and the recipient of an opinion, to make judgments of fairness and integrity on the basis of these documents, if the author of an opinion has not attached documents initially. It is not obligatory for the author of an opinion to provide the documents if relevant relations between parties are supported by the data related to the registration of the corresponding offer on the Website and its acceptance by the second party.

 

11. While assessing bad faith of the author of an opinion the moderator may take into account, in particular but not exclusively, the following factors:

  1. if there is clearly and objectively established inaccuracy of the information (facts) in the opinion;
  2. lack of evidence of relations between the author and the recipient of the opinion;
  3. if by corresponding request the author of the opinion has not provided any documents which indicate some relations between the author and the recipient of an opinion;
  4. if the opinion recipient declares the inauthenticity of signatures/seals on the documents provided by the author of an opinion and if the moderator of Lardi-Trans has sufficient grounds to believe the fairness of such statements;
  5. if the author posts more than one opinion about one transportation;
  6. if there are insults in the opinion;
  7. history of relations between parties and their relations with other Users of Lardi-Trans.

 

12. The misuse of the right to post opinions can lead to its deprivation. Systematic unfairness while posting opinions is the ground for disabling the possibility to post opinions. Including but not limited it applies to the mass posting and/or referring to other Users with propositions of posting unfair opinions. Period of deprivation of the right to post opinions is determined for each case particularly, taking into account all the circumstances at the discretion of Lardi-Trans.

 

13. Lardi-Trans is not a judicial authority and not an expert institution. In controversial situations, judgement of the moderator in the assessment of good (bad) faith is not the subject to appeal. It is done not for the purposes of dispute resolution and not to be used as evidence but for the purpose of tackling the issue of displaying the opinion on Lardi-Trans.

 

14. After the moderator makes a decision the administration of Lardi-Trans can selectively reconsider its decisions and later on discuss the appropriateness of an opinion at its discretion solely, except for the cases when some newly discovered circumstances (such as court decision etc.) emerge. Parties of the opinion have unlimited right to provide further public statements.

 

15. While posting a negative opinion, in all the cases Lardi-Trans provides the opinion recipient with the possibility of public response in accordance with Ukrainian laws. For this purpose, there is the function of comments to refute negative information by providing specific facts on the subject matter. Comments are moderated, insults and non-constructive "flame" can be removed.

 

16. The author has a fundamental right to call the opinion back.

 

17. If the author of an opinion deletes his negative opinion within 14 calendar days from the date it was posted, then such an opinion does not affect the statistics of removed opinions in the reliability passport of the recipient of the opinion.

 

18. Lardi-Trans always welcomes friendly settlement of disputes as well as always enforces decisions of courts of corresponding jurisdiction.

 

 

Rules for filing and appealing Claims

 

1. These Rules for filing and appealing claims on the transport information server Lardi-Trans (hereinafter referred to as the “Website” or “Lardi-Trans”) were developed based on the requirements of Ukrainian legislation and customary business practices.

1.1 However, the Website does not replace a court or other body authorized to adjudicate disputes in accordance with the current legislation of Ukraine, but is only an information online platform that, among other things, contributes to the pre-trial settlement of already arisen or potentially possible disputes between users of the Website.

 

2. Relating to Lardi-Trans: a claim is a written request of a registered user of the Website addressed to another business entity, which contains a financial claim due to a breach of the laws of Ukraine or a contractual obligation.

 

3. Relating to Lardi-Trans: a claim can only be financial (that is, any other violation of property or non-property rights must be expressed in monetary terms before filing a claim), and a remedy of the breach is either payment of full/partial amount of the claim or mutual settlement without payment.

 

4. Relating to Lardi-Trans: the parties to the Claim are the Claimant (a registered Lardi-Trans user who filed the Claim; the author of the Claim) and the Offender (a registered Lardi-Trans user to whom the Claim is addressed; the recipient of the Claim).

 

5. Mandatory elements of the Claim are:

5.1. a description of the circumstances and nature of the Claim with a justification for the amount of the Claim (comments of the author of the Claim);

5.2. electronic copies of documents confirming the existence of contractual relations and their breach (a contract, bill of lading, waybill, certificate, extract, etc.);

5.3. the exact amount of the Claim;

5.4. scanned copies of documents confirming the demands of the Claimant set forth in the Claim.

 

6. The purpose of placing a Claim is to inform Lardi-Trans users about the existence of a dispute between specific users of the Website and to provide maximum assistance to users in resolving such a dispute out of court.

 

7. After the Claim is placed, it can only be removed by the Lardi-Trans website

 

8. The procedure for filing and appealing Claims established by these Rules is mandatory for all individuals and business entities who have chosen to resolve disputed relationships by filing and/or appealing the Claim on the Lardi-Trans website.

 

9. Responsibility for the completeness and accuracy of documentation and/or information (the veracity of information) lies solely with the Claimant who posted it.

9.1 If the Claimant places a Claim, the stated facts in which were subsequently not confirmed or turned out to be erroneous, false, unsubstantiated, distorting the real state of affairs (hereinafter - the "Improper Claim"), Lardi-Trans issues a warning to such Claimant and puts under control all his/her subsequent Claims posted on the Website.

9.2 In the event of a repeated posting of an Improper Claim, Lardi-Trans blocks the possibility of such a Claimant to post a Claim on the Website for a period of 1 (one) month from the date of revealing facts that indicate that this Claim belongs to the category of Improper Claims.

9.3 If the Claimant posts an Improper Claim on the Website for the third time, Lardi-Trans blocks the possibility of such Claimant to post Claims on the Website for a period of 12 (twelve) months from the date of revealing facts that indicate that this Claim belongs to the category of Improper Claims.

 

10. Lardi-Trans reserves the right to remove the Claim or refuse to post the Claim if there is any doubt about the reliability, accuracy and objectivity of the Claim and/or the documents attached to the Claim. Lardi-Trans does not verify whether the Claim is consistent with reality, and also does not verify the presence or absence of fault in the actions of the author and recipient of the Claim, since it does not have a real opportunity to carry out such verification.

 

11. Lardi-Trans may place on the Website a Claim at the request of the Claimant, if it meets the following criteria:

11.1. there are required documents that confirm the fact that services were (were not) provided, that is grounds for the Claim;

11.2. the legal person or the individual indicated in the documents corresponds to the author of the Claim and the registered user of Lardi-Trans;

11.3. the documents contain all the required and mandatory details and information;

11.4. verification of the text of the Claim for compliance with the Rules for filling and appealing the Claims on the Website.

 

12. Lardi-Trans does not take into account:

12.1. correspondence using any instant messengers;

12.2. screenshots from the cell phone (text messages, calls, contact details or any other messages and information);

12.3. photos, as well as audio and video recordings, if they are not an integral part of the documents provided;

12.4. payment orders or payment documents which were not marked by the bank as executed;

12.5. documents with unreadable text or poorly distinguishable text, prints and graphic elements;

12.6. documents in *.doc, *.txt, *.xls and other similar formats that can be edited with standard office programs and their analogues.

 

13. Brief description of possible Claims and the required documents to them:

13.1 Possible Claims against the carrier:

Nature of the claim Required documents attached to the claim
Loading/unloading delay - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier;
- the bill of lading, CMR note or other document confirming the fact of transportation of the cargo by the carrier
or Court decision
Loss, damage or shortage of goods - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier
- the bill of lading, CMR note or other document confirming the fact of transportation of the cargo by the carrier
- a document confirming the loss, damage or shortage of goods
- a document confirming the value of the commodities
- a document proving the payment of the amount of damage to the cargo as a result of transportation
or Court decision
Cargo theft - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier
- the bill of lading, CMR note or other document confirming transportation of the cargo by the carrier
- a document confirming the cargo theft investigations or an official letter from law enforcement agencies confirming that the cargo theft has been reported
- a document confirming the value of the cargo
or Court decision
Service failure - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier
- a document confirming the fact of service failure
or Court decision
Recovery of material and moral damages, court costs Court decision
Prepayment - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier
- a document confirming the transfer of prepayment
or Court decision
Missent payment - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier
- a document confirming payment, including a missent one
or Court decision
Unpaid dispatcher services - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier
- a document confirming the payment of funds to the carrier, including payment for the services of a dispatcher
or Court decision

 

13.2 Possible claims against the consignee

Nature of the claim Required documents attached to the claim
Service failure - the contract, the paid freight bill or other document confirming the contractual relationship with the consignee
- a document confirming the fact of service failure
or Court decision
Downtime (loading/ unloading) - the contract, the paid freight bill or other document confirming the contractual relationship with the consignee
- the bill of lading, CMR note or other document confirming transportation of the cargo
- a document confirming the fact of downtime
or Court decision
Failure to pay for transportation services - the contract, the paid freight bill or other document confirming the contractual relationship with the consignee
- work completion certificate (signed by all parties) or the bill of lading or CMR note or other document confirming the proper performance of cargo transportation
or Court decision
Recovery of material and moral damages, court costs - Court decision

 

14. In the course of verification of the text of the Claim and the documents attached to the Claim, Lardi-Trans has the right:

14.1. to request the elimination of non-compliance of the Claim with these Rules;

14.2. to request any other documents related to the text and content of the Claim. Failure to provide such documents at the request of Lardi-Trans may be grounds for refusing to post the Claim;

14.3. to request clarification from the author of the Claim;

14.4. to refuse to post the Claim if there is any doubt about the reliability, accuracy and objectivity of the Claim and/or documents attached to the Claim;

14.5. to remove the Claim in cases provided for by these Rules or the legislation of Ukraine.

 

15. The grounds for refusing to post a Claim or removing it from the Website:

15.1. the author’s refusal to post the Claim;

15.2. the absence of any mandatory element of the Claim provided for by these Rules, and the failure to add this element of the Claim by the author within one day from the date of the request of Lardi-Trans;

15.3. failure to submit documents to the Claim, which were requested by Lardi-Trans, within three days from the date of the request of Lardi-Trans;

15.4. if the text contains insults and threats, profanity and/or veiled profanity (in particular, but not exclusively, swear words (phrases), represented wholly or partially, using typographic symbols and/or other characters), propaganda of racial, national and religious hatred, as well as any other statements that violate the current legislation of Ukraine;

15.5. the Claimant’s failure to provide documents confirming his/her demands set forth in the Claim within two days;

15.6. receipt from the Offender of documentary counter-arguments (complaints) that refute the statements of the Claimant set forth in the Claim;

15.7. if Lardi-Trans has any doubts about the reliability, accuracy and objectivity of the Claim and/or the documents attached to the Claim;

15.8. in other cases, provided for by these Rules or current legislation of Ukraine.

16. The grounds for removing the Claim:

16.1. by request of the author of the Claim;

16.2. to sustain an appeal of the recipient of the Claim.

17. In the event that the Claim is recognized by the recipient or in the case of payment of the amount of the Claim, such Claim is not subject to removal, but its status changes.

 

18. The Offender (the recipient of the Claim) has the right to appeal the Claim.

 

19. An appeal against a Claim may be filed only once.

 

20. Consideration of repeated appeals is possible at the discretion of Lardi-Trans if the new exceptional circumstances emerge.

 

21. Mandatory elements of an appeal against a Claim:

21.1. a description of the circumstances and nature of the appeal;

21.2. electronic copies of documents that confirm the appeal against the Claim, or an explanation of the reasons for their absence.

 

22. The appeal against the Claim is entertained within five days.

 

23. In the course of the appeal processing, Lardi-Trans has the right:

23.1. to request the elimination of non-compliance of the appeal against the Claim with these Rules;

23.2. to request from the author and/or recipient of the Claim any other documents related to the text and content of the Claim and the appeal against the Claim. Failure to provide such documents at the request of Lardi-Trans may be grounds for refusing to sustain the appeal or for removing the Claim;

23.3. to request clarification from the author and/or Claimant and recipient of the Claim;

23.4. to refuse to sustain the appeal or to remove the Claim if there is any doubt about the reliability, accuracy and objectivity of the Claim and/or documents attached to the Claim;

23.5. to remove the Claim in cases provided for by these Rules or the legislation of Ukraine.

 

24. Lardi-Trans conclusions made during the processing of Claims and appeals against Claims cannot be used as evidence in court and do not have a pre-established legal force.

 

25. If there is a counter financial claim due to a breach of the laws of Ukraine or a contractual obligation, the recipient of the Claim has the right to post a counter-claim which is accepted and posted if the counter-claim targets the same relationship between the author and the recipient of the Claim.

 

26. Some statements made by users of the Website may be of an evaluative nature, for which Lardi-Trans is not responsible.

 

27. These Rules apply to all registered users of Lardi-Trans who are the authors or recipients of the Claim.

 

28. Lardi-Trans reserves the right to change these Rules at any time. Effective are the Rules that are available on the Lardi-Trans website.

 

 

Rules for filing and processing complaints against users

 

1. The registered users of the website Lardi-Trans have the opportunity to file a complaint against any other user of Lardi-Trans.

 

2. The reason for filing a complaint may be: fake registration, non-compliance with the status of "Freight owner", inauthentic registration information, re-registration, violation of the rules of posting information on the website.

 

3. Submission of a complaint against a user entails the verification of the authenticity of the user's data posted on the website Lardi-Trans and, at the discretion of the site administration, the verification of registration documents.

 

4. Complaints against a user due to absence of payment for transportation, fraud, misconduct and for other reasons are not subjects for filing a complaint, since users address such issues by submitting a negative opinion on a user on the website Lardi-Trans.

 

5. The decision of the administrator about the complaint is final and is not subject to review. The website administrator can reject any complaints without justifying the reason.

 

6. Filing of more than 10 complaints per day can be considered by the administration of the website Lardi-Trans as a violation of the rules of the User Agreement and may lead to blockage of the ability to file complaints for a certain period or permanently.

 

7. It is not allowed to file complaints with dishonest intentions or with the aim of harming a user of the website Lardi-Trans. In the case of establishing the fact of filing complaints with dishonest intentions or with the aim of harming a user of the website Lardi-Trans, the ability to file complaints can also be blocked for a certain period or permanently.

 

Date of last update: 2021-08-18