To whom is the service targeted?

Service is targeted to any of the following actors:

  • "Carriers". These participants must register themselves as such for managing their own data and documents to comply with the legal requirenments in other Countries where they post drivers; they are the end target of the service. They can designate in any Country the representative of SERVICIOS BAGEM or any other one.
  • "Agents". These participants must register themselves as such for registering and managing data and documents of their carrier clients. They can assign "usernames" and "passwords" to their carrier clients for sharing the work with them. They and their clients can use a sub-domain on the server with customized logo and image designed by themselves.
  • "Representatives". Their role is to be carrier representatives as liason with the competent Authorities in the relevant Country where they reside and drivers are posted. They must be previously registered on the server for being afterwards designated by carriers and agents as their representatives in the relevant Country.
  • "Providers of payment cards and OBU's for payment of motorway tolls for carriers". These can offer easy access to the service to their clients through their own website, landing into a customized page on the server through a sub-domain with their own logo and image. Thus, they can prevent their clients to have an account funded with us for payment of fees.

    SERVICIOS BAGEM is open to discuss how to provide the service according to particular interests of these Companies. A standard way of providing the service is that these Companies, unlike agents, aren't involved in registration, nor managing, nor accessing their client data and documents but they provide an identity code of the client which will be used as "username", which can be later used for collecting the fees through these Companies.

  • "Hauler associations, cooperatives,...". These entities may want to provide to their members any combination of the foregoing roles. SERVICIOS BAGEM is open to discuss how to provide the service according to particular interests of these entities.

Any person or entity can combine one or more of the foregoing roles.

On what basis and how we charge our fees?

Beyond the special offer period, we will charge our fees according to registered drivers with valid documents linked to them. Fees are calculated on a daily basis at a rate of 1,37 cents of euro (without VAT) per driver and Country. Nevertheless, we limit our fees only up to the first 50 drivers per "carrier" and Country. Below this limit of 50 the equivalent cost of a driver with valid documents during a year would be €5 per Country. Above this limit of 50 drivers the cost is null.

"Carriers" directly registered with us have their own account with us in which we will charge our fees. This account can be funded through a Bank gateway using credit cards or Bank transfers.

"Agents" can have their own accounts and be invoiced by us. They will get the appropriated financial statements to allow them to invoice properly their clients. Anyway, we are open to reach agreements with intermediaries on how to collect our fees, in order to avoid the need that their clients have an account funded with us.

About agents

"Agents" shall register themselves as such and afterwards they can register their clients (carriers with posted drivers) assigning to each of them a "username" and "password".

"Username" is unique as it identifies the user. "Passwords" are secret codes which prevent impersonations. Both can be changed at any time by the "carrier" himself or by his "agent". The "carrier" shall change the "password" immediately after having received it from his "agent".

"Carriers" have only access to their own data and documents. "Agents" have access to their client's data and documents.

The "username" and "password" of an "agent" or a "carrier" can be used simultaneously by different users, and also the "agent" and the "carrier" can assign new ones to employees or collaborators, or remove them. A user, through these last ones, can fill in data and upload documents to the server within the same boundaries that corresponding "agent" or "carrier", except to create and assign new "usernames" and "passwords" to other persons.

SERVICIOS BAGEM can provide "agents" with a sub-domain on the server to allow them to customize their landing page for clients with their own logo and image. Thus their clients can access the server either through a link on the website of the "agent" or directly to the sub-domain on the server, landing into a page with the image of the "agent". However, at the bottom of the page it will be shown that the service is powered by "SERVICIOS BAGEM" and Cif,SL has developed the software.

SERVICIOS BAGEM will invoice his fees to the "agent" and will not have any contact with the clients of the latter.

About providers of means of payments for carriers, associations, cooperatives,...

(As this service can be provided under different forms we suggest to contact us to discuss it)

Providers of payment cards and means of payment (OBU) of motorway tolls, associations and cooperatives (hereinafter referred to as the "entities") can integrate this service into their website through which clients by a link will land in a web page of a sub-domain on the server with the logo, image and design provided by the relevant entity.

When clients log in through the entity's website, they can be identified on the server by internal codes provided by the entity, what would allow it to collect our fees to clients. Thus, it will avoid clients the need to have an account funded with us for the payment of our fees.

Under the standard procedure, unlike "agents", entities will neither register their clients nor have access to their data and documents. User registration, uploading documents and the entering of data will be performed directly by the clients.

Clients first time they log in shall register at the sub-domain on the server, but without having to enter a "username", as long as they will be identified through the ID code provided by the the entity. On the contrary, they must have a secret "password" for security reasons to avoid impersonations.

About representatives

Directive 2014/67/EU concerning the posting of workers sets forth the obligation to designate either one or two different kinds of representatives (paragraphs e) and f) of point 1 of article 9):

  • A first kind of representative who must be resident in the host Country where workers are posted, is committed to liaise with the competent authorities in the host Country. His main duty is to send and receive documents and/or notices, when required.
  • A second kind of representative, who doesn't need to be resident in the host Country, can be required for representing posted workers in collective bargaining in the host Country during the period of posting.

Neither of them are required to have specific qualifications.

The first kind of representative is compulsory in every Country, but not always the second one. For instance, in France the latter isn't required for haulers that only perform international transport services.

The second kind of representative is not provided by SERVICIOS BAGEM as he can be any person of client's staff who can reside anywhere. He only must be available, if the case, for entering into collective bargaining as representative of posted workers during the posting periods.

In spite of SERVICIOS BAGEM can provide the representative of the first kind, either the "carrier" or the "agent" can instead appoint their own representative in any Country. Moreover, an "agent" may register himself not only for managing documentation of his carrier clients, but also for being their representative in one or more Countries. He must only register and appoint himself as their default representative in the relevant Countries.

It must be underscored that the designated representative will have access to data and documents of the customer which are linked to the Country where he acts as representative, obviously for the purpose of being the "liason" between client and Authorities, even after being ceased or having resigned during the subsequent term set forth in the relevant country.

First, representatives must register themselves on the server

Any person or entity who wants to be representative of "carriers" must first register himself for such role on the server in the relevant Country in order to be identified on the server. Thus, afterwards he can link himself with his clients to perform such role. Besides, he must choose a "username" and secret "password".

He shall inform his client (carrier or agent) of his "username" on the server. The client must enter it on the server selecting the relevant Country and will get a code which must be sent back to his representative. This latter in his turn must enter this code on the server in order to link his "username" to the one of his client as representative.

By doing so, he will have available the list of the represented "carriers", classified if the case by "agents", as well as their data and documentation. If he is dismissed or resigns he will still have available the data and documents during the subsequent term set forth in the relevant country.

Designation by the client of the representative of SERVICIOS BAGEM

The designation of the representative is an explicit action of the "carrier", or the "agent" on behalf of his clients.

If the client chooses for a specific Country to designate the representative of SERVICIOS BAGEM, once logged in, he must select it at the appropriate box of the relevant Country. Then a written document of the representation will be digitally signed by SERVICIOS BAGEM on behalf of the "carrier" and signed too by the representative as acceptance of the representation. The signed document will be emailed to client who can also download it from the website at any time.

The designation must have a starting date and optionally an ending date which can be let open. When a new representative is designated for a specific Country, the old representative if any will be automatically ceased.

Designation by the "carrier" or "agent" of his own representative

If the "carrier" or "agent" chooses to designate his own representative, once logged in he must click on the appropriate button of the Country, enter the username of the representative (who must be already registered) and the server will provide him a once use code which he must send it to the representative. This code allows the representative to link himself with the client for this role. If after 7 days the code has not been entered it will be automatically canceled.

An "agent", acting as such, may appoint a representative to be assigned by default to his clients, unless expressly another representative is designated for a specific client. Also the "carrier" can change the representative designated by his "agent".

The representative can be dismissed by the "carrier" or his "agent" or he can resign, but he will still have the data and documents available during the subsequent term set forth in the relevant Country.

The written designation and acceptance of the representation shall be uploaded to server by the representative and a copy of which will be emailed to client who can also download it from the website at any time.

The designation must have a starting date and optionally an ending date which can be let open. When a new representative is designated in a specific Country, the old representative will be automatically ceased.

In France the written representation shall contain: the full name, date and place of birth if he is an individual, email and postal addresses, the name and the telephone number of the representative. The written document shall show the acceptance by the representative, the effective date and duration of the designation.

Representatives, agents and carriers shall have their own agreements with each other

Electronic contracting applies only to "carriers" and "agents" that register themselves directly with us, what implies having to accept the contracting terms and conditions shown at the registering process.

In any other case in which registration process doesn't require having to accept contractual term and conditions, we will not have any direct contractual relationship with the registered person or entity, but only with the "agent" or intermediary who registers them. For such cases the foregoing rules are merely server operating rules. In no of such cases, acting according them means that the parties have reached any electronic contractual agreement either with us or between other parties. So that representatives, agents, carriers, and other intermediaries must have their own agreements and commitments with each other.

In such cases, in which SERVICIOS BAGEM has no direct contractual relationship with users, it will be deemed that SERVICIOS BAGEM is only the server provider, without any further obligation than the such. Therefore, SERVICIOS BAGEM shall be kept outside of any dispute arisen from anybody else's agreements.