CS Terms-World Credit Organization

4.1 CS terms

CS Terms is a free credit service, people can use CS Terms without paying copyright fees. Applicable standard: "ICE8000 International Credit Standard System Dispute Resolution Mechanism and Credit Supervision Clause (CS Clause) Agreed Standard" (https://www.ice8000.org/acnhwgc/18.htm).

4.1.1 The concept of CS terms

CREDIBILITY-SUPERVISING clauses, referred to as CS clauses, refer to clauses that stipulate credit supervision rights, obligations, and dispute resolution mechanisms. As a condition for purchase, sale, investment, cooperation, and service, people can agree on CS terms with each other in contracts or other forms to avoid the risk of dishonesty and accumulate their own integrity records.

The CS clause was formally proposed by the World Credit Organization [WCO] in 2004. The proposal of the CS clause is praised as: "The new era is moving towards glorious innovation".

CS clause is the main component of ICE8000 international credit standard system. Mastering CS terms is the key to understanding and using the ICE8000 international credit standard system.

4.1.2 Legal Basis of CS Terms

The legal basis of the CS clause is the principle of free agreement in civil law. The principle of free agreement is also known as the principle of freedom of contract and the principle of autonomy of will. Almost all market economy countries in the world apply this legal principle.

Article 4 of my country's "General Principles of Civil Law" stipulates: Civil activities should follow the principles of voluntariness, fairness, compensation for equal value, and good faith. The principle of voluntariness is the principle of free agreement.

Article 4 of my country's "Contract Law" stipulates: "The parties enjoy the right to voluntarily conclude a contract in accordance with the law, and no unit or individual may illegally interfere."

The principle of free agreement in civil law comes from the principle of freedom in constitutionalism and the spirit of freedom in modern rule of law. According to constitutionalism and modern rule of law thought: Human rights are natural, man is born free, and man has the supreme right to freedom. State power comes from the people, and it is the people who transfer part of their rights to the state organs in the form of a contract (constitution). Therefore, on the premise of not compromising the rights of others, everyone has full freedom. He can decide what to do, decide what kind of contract he will make with whom, and bear the corresponding results alone.

Under the internationally accepted legal principles, we can see the principle of free agreement everywhere:

1. Common arbitration clauses in international trade contracts, the parties are free to agree on the arbitration method or arbitration institution for contract disputes;

Second, the common jurisdictional court agreement clause in international trade contracts, the parties are free to agree on where the contract disputes should be submitted to the court for litigation;

Third, the common applicable law clauses in international trade contracts, the parties are free to agree on which country's laws will be used as the applicable law for transactions and dispute resolution.

4.1.3 General CS terms and special CS terms

According to the agreed content of CS clauses, it can be divided into general CS clauses and special CS clauses.

1. General CS terms

General CS clauses refer to the dispute resolution mechanism and credit supervision clauses that stipulate the three obligations of internal complaints, suggestions and praise in the form of contracts. General CS clauses, focus on prevention: the party to the contract abuses the right to freedom of speech or abuses the right to sue, makes false credit evaluations on the other party or initiates unnecessary lawsuits.

The content of the general CS clause is:

This contract is signed and executed in accordance with the principles of good faith, moral bottom line, and social responsibility bottom line. If one party believes that the other party has broken promises and breaches the contract, it is obliged to file an internal complaint in accordance with the "Internal Complaint Standards of the ICE8000 International Credit Standard System"; one party believes that the other party is honest If one party has suggestions for the other party, it is obliged to make suggestions in accordance with the "Formal Suggestion Standards of ICE8000 International Credit Standard System".

2. Special CS terms

Dispute resolution mechanism and credit monitoring clauses other than general CS clauses can be called special CS clauses as long as the clause clearly stipulates that the ICE8000 standard should be used as the standard for dispute resolution and credit monitoring.

It should be pointed out that because in the ICE8000 system, there is a mutual reference relationship between various standards, so agreeing any ICE8000 standard as an integral part of its contract can lead to the legal application of all relevant ICE8000 standards, They can all achieve the result of using the ICE8000 system to protect their legitimate rights and interests. The content of the above agreement can also be regarded as a special CS clause.

4.1.4 Agree on the CS terms of the ICE8000 dispute settlement mechanism

The CS terms that stipulate the ICE8000 dispute settlement mechanism are also special CS terms.

1. The dispute settlement mechanism of the ICE8000 international credit standard system includes the following measures:

(1) In accordance with the "ICE8000 International Credit Standard System Quick Credit Evaluation Standard", resolve disputes by publishing quick credit evaluation information.

(2) According to the "Internal Complaint Standards of ICE8000 International Credit Standard System", resolve disputes through internal complaints;

(3) According to the "ICE8000 International Credit Standard System Credit Early Warning Standard", resolve disputes through credit early warning;

(4) According to the "ICE8000 International Credit Standard System Public Complaint Standard", resolve disputes through public complaints;

(5) According to the "Internal Exposure Standards of ICE8000 International Credit Standard System", resolve disputes through internal exposure;

(6) According to the "ICE8000 International Credit Standard System Public Exposure Standard", resolve disputes through public exposure;

(7) According to the "ICE8000 International Credit Standard System Joint Exposure (Issuance of Credit Wanted Order) Standard", resolve disputes through joint exposure;

(8) In accordance with the "ICE8000 International Credit Standard System Credit Supervision Standard", entrust credit institutions to resolve disputes;

(9) In accordance with the "ICE8000 International Credit Standard System Credit Commercial Debt Collection Standard", entrust credit institutions to resolve disputes;

(10) Apply for mediation by the World Credit Organization [WCO] in accordance with the "ICE8000 International Credit Standard System International Credit Dispute Mediation Standards";

(11) Apply for arbitration by the World Credit Organization [WCO] in accordance with the "ICE8000 International Credit Standard System International Credit Dispute Arbitration Standard";

(12) Apply for trial by the World Credit Organization [WCO] in accordance with the "ICE8000 International Credit Standard System International Credit Dispute Trial Standards".

Second, the agreed sentence of the dispute settlement mechanism of the ICE8000 international credit standard system is one of the following, and any unambiguous sentence with the same meaning as the following sentence is a valid agreement:

(1) This contract is signed and implemented in accordance with the principle of good faith, moral bottom line, and social responsibility bottom line. Unfinished matters or disputes arising during the implementation shall be resolved through friendly negotiation between the two parties. If the negotiation fails, the dispute shall be settled according to the ICE8000 international credit standard system mechanism processing.

(2) This contract is signed and implemented in accordance with the principles of good faith, moral bottom line, and social responsibility bottom line. Unfinished matters or disputes arising during the implementation shall be resolved through friendly negotiation between the two parties. If the negotiation fails, it shall be handled in accordance with the ICE8000 international credit standard system.

(3) This contract is signed and implemented in accordance with the principles of good faith, moral bottom line, and social responsibility bottom line. Unfinished matters or disputes arising during the implementation shall be resolved through friendly negotiation between the two parties. If the negotiation fails, it shall be handled according to ICE8000.

(4) Disputes over this contract shall be handled in accordance with the ICE8000 international credit standard system dispute resolution mechanism.

(5) Disputes over this contract shall be handled in accordance with the ICE8000 international credit standard system.

(6) Disputes over this contract shall be handled in accordance with ICE8000.

3. The benefits and significance of agreeing on the dispute settlement mechanism of the ICE8000 international credit standard system

If the parties agree to use the ICE8000 international credit standard system to resolve their disputes, the parties are obliged to adopt at least three ICE8000 dispute resolution measures to resolve the relevant disputes, and also have the right to adopt all the measures of the ICE8000 dispute resolution mechanism to resolve the relevant disputes.

4.1.5 Agreed method of CS terms

1. Contract law

After negotiation between the parties, the CS clause is written into the contract as the content of the contract, or as a subcontract of the main contract.

For example: Company A buys 100,000 yuan of electrical appliances from Company B on credit. If both parties want all the terms of the contract to be under the supervision of the ICE8000 system, they will agree on general CS terms, that is, specify one item in the contract: "This The contract is signed and executed in accordance with the principle of good faith, the bottom line of morality, and the bottom line of social responsibility. If one party believes that the other party has breached the contract, it is obliged to make an internal complaint in accordance with the "Internal Complaint Standard of ICE8000 International Credit Standard System"; if one party believes that the other party is honest, it is obliged to Commend in accordance with the "ICE8000 International Credit Standard System Formal Commendation Standard"; if one party has suggestions for the other party, it is obliged to make suggestions in accordance with the "ICE8000 International Credit Standard System Formal Suggestion Standards." In this way, no matter whether the party violates any clause of the contract , including negligence in contracting (referring to faults that occurred during the process of signing the contract), the ICE8000 system can be used to handle the disputes between the two parties.

If Party A and Party B only want the quality dispute of electrical appliances to be included in the supervision of the ICE8000 system, they only agree on a special CS clause for quality, that is, to list a clause in the contract: "Company B's electrical appliances do not meet the indicated quality standards Company A is obliged to make a public complaint in accordance with the "ICE8000 International Credit Standard System Public Complaint Standard"; if Company B's electrical appliances meet the marked quality standards or Company A has suggestions for Company B, Company A is obliged to follow the "ICE8000 International Credit Standard System Public Complaint Standard". Standard System Formal Commendation Standard" or "ICE8000 International Credit Standard System Formal Suggestion Standard" to give praise or suggestion."

If Party A and Party B only want to bring the dispute over the account into the supervision of the ICE8000 system, they only need to agree on a special CS clause for the account, that is, to list a clause in the contract: "If Company A fails to pay as agreed , Company B is obliged to make a public complaint in accordance with the "ICE8000 International Credit Standard System Public Complaint Standard"; if Company A pays in time, Company B is obliged to follow the "ICE8000 International Credit Standard System Official Commendation Standard" or "ICE8000 International Credit Standard System Official Commendation Standard". Suggested Standards" for commendation or suggestion."

Second, commitment agreement method

The parties unilaterally agree on the CS terms in the form of commitment, such as: I promise to abide by the legal rules and regulations of the unit, otherwise, I am willing to bear the credit responsibility of public complaints according to the "ICE8000 International Credit Standard System Public Complaint Standard".

The law of commitment agreement can only give others rights, but not obligations, otherwise, the agreement is invalid, such as:

I promise to abide by the legal rules and regulations of the unit, otherwise, the unit is obliged to make a public complaint against me in accordance with the "ICE8000 International Credit Standard System Public Complaint Standard". This CS clause is an invalid CS clause because it unilaterally increases the obligations of others.

Third, the default agreement

Acquiescence agreement is a method of agreement based on assumptions. If the assumptions are met, the CS clause will come into effect by default by the parties.

For example, the confidentiality statement on the cover of some confidential documents:

Reading this document is deemed to have acquiesced to the following clauses: the reader shall keep this document confidential, otherwise, he shall bear the credit responsibility for public complaints according to the "ICE8000 International Credit Standard System Public Complaint Standard". The assumption of this CS clause is to "read the content". As long as you open the cover and read the content, the CS clause is considered to be effective by default.

4.1.6 Conflicts between categories and effects of CS clauses

According to the agreed form and method of CS clauses, it can be divided into default CS clauses and contract CS clauses.

1. Contract CS clause

Contract CS clauses refer to the CS clauses clearly agreed by both parties in the contract, which can be general CS clauses or special CS clauses.

2. Default CS terms

The default CS clause refers to the CS clause stipulated in the ICE8000 international credit standard system standard. This kind of default CS clause exists in almost every standard, and the content of the chapter "Liability for Breach of Contract and Investigation Method" in the standard is almost all CS clauses.

3. Conflict of validity of CS terms

1. In case of conflicts between the CS clauses agreed at the same time, the CS clauses agreed in the written contract shall prevail.

For the same matter, there are different CS clauses at the same time. If there is no conflict in the content of the CS clauses, there is no conflict of validity, and they are each valid.

For the same matter, if different CS clauses exist at the same time, and the content of the two conflicts, there will be a conflict of validity between the two. In the event of a conflict of validity, the CS clauses of the contract are more effective than the default CS clauses of the ICE8000 international credit standard system. Once they exist or the parties present the CS clauses of the contract, the default CS clauses are naturally invalid.

2. In the event of conflicts between the content of the CS terms agreed at different times, the latest agreed CS terms shall prevail.

For the same matter, there are different CS clauses at different times. If there is no conflict in the content of the CS clauses, there is no conflict of validity, and they are each valid.

For the same matter, there are different CS clauses at different times. If the content of the CS clauses conflicts, there will be a conflict of validity between the two. In the event of a conflict of validity, the new CS clause is more effective than the old CS clause.

4.1.7 The role of CS terms

Generally speaking, agreeing on CS clauses has the following effects on an organization. The following discussion assumes that the CS clause is a general CS clause.

1. The CS clause can prevent customers from using the Internet to disseminate credit information that is not conducive to the organization.

History has entered the Internet age, people's freedom of speech has been further protected, and it has also provided people with convenient conditions for abusing freedom of speech. In the Internet age, everyone is a reporter, everyone is a media, and everyone has the ability to disseminate information that only newspapers, magazines, radio stations and other media previously had. In the Internet age, it is difficult for a country's laws to control information, and information can flow to countries with looser laws. In the internet age, the transnational nature of information flows makes it difficult to hold defamers legally accountable. In the Internet age, some people use the characteristics of Internet information to protect their legitimate rights and interests or engage in just causes; there are also people who abuse the characteristics of Internet information to maliciously slander others, engage in unfair competition and other illegal activities.

(1) Customers use the Internet to spread credit information that is not conducive to the organization, generally divided into the following three situations

1. Customers have subjective misunderstandings about the organization and mistakenly believe that the organization has dishonest behavior;

2. There are objective mistakes in the organization, and there are objective dishonesty behaviors;

3. Instigated by the organization's competitors or out of other malicious motives, the customer fabricates facts to defame the organization.

(2) The preventive effect of the CS clause on the above situation

1. According to the general CS terms, if a dispute occurs, the parties are obliged to file an internal complaint in accordance with the "ICE8000 Internal Complaint Standard". Newspapers, Internet and other media make complaints or make any other forms of complaints or exposure. This kind of agreement makes the dissemination of credit information by the parties only in accordance with the ICE8000 standard.

2. According to the provisions of "ICE8000 Internal Complaint Standards", the respondent has 7 days for reconciliation of objections. During the 7-day objection reconciliation period, the respondent can eliminate subjective misunderstandings to the client, or correct his own objective mistakes to seek the client’s understanding, and can also raise objections to defamatory acts. Once a valid objection is raised, the internal complaint information will not be valid. The merits of the dispute can only be determined by further dispute resolution procedures. These agreements ensure that the organization has the opportunity to correct mistakes, eliminate subjective misunderstandings, and deny defamatory speeches.

3. According to the provisions of the CS clause, if the respondent believes that the complainant is a false complaint, he has the right to raise an objection, and also has the right to counterclaim and pursue the complainant's responsibility for dishonesty. This kind of program design can ensure that the defamer will not only fail to achieve the purpose of defamation, but will also face legal liability and credit liability for defamation.

Second, the CS clause can prevent customers from complaining or litigation to administrative agencies, news media, and judicial agencies, and at the same time prevent such abuses.

Administrative agencies, judicial agencies, and news media in various countries are paying more and more attention to consumer complaints and the protection of consumer rights. Complaints or lawsuits from customers to administrative agencies, news media, and judicial agencies will increase the cost of crisis public relations of the organization, increase the workload of the organization's management, and increase the chances of the organization being punished by administrative punishment and exposed by the media.

(1) Complaints or lawsuits by customers to administrative agencies, news media, and judicial agencies are generally divided into the following two situations:

1. Customers protect their legitimate rights and interests. Because the organization has not established a proper error correction mechanism for finding and solving problems, customers cannot protect their legitimate rights and interests through the organization's own error correction mechanism in a timely manner, and eventually have to complain or litigate to administrative agencies, news media, and judicial agencies.

2. Instigated by the organization's competitors or out of other malicious motives, the client makes indiscriminate lawsuits to administrative agencies, news media, and judicial agencies, which makes the organization fall into administrative investigations and litigation cases.

(2) The preventive effect of the CS clause on the above situation

1. According to the general CS clauses, if a dispute occurs, the parties concerned should first file an internal complaint in accordance with the "ICE8000 Internal Complaint Standard". Make complaints to newspapers, the Internet and other media or make any other forms of complaints or exposure.

2. According to the "ICE8000 Internal Complaint Standards", the respondent has 7 days to settle the objection. During the 7-day objection reconciliation period, the organization can eliminate the customer's subjective misunderstanding or correct the organization's objective mistakes, and strive for the customer's understanding. Thereby, customers are prevented from complaining or litigation to administrative agencies, news media, and judicial agencies.

3. According to the terms and conditions of CS, if the client does not abide by the terms and conditions of CS and engages in abusive litigation, the organization will resort to the dispute resolution mechanism of the ICE8000 system to hold the client accountable for the abusive litigation. At the same time, the organization can notify relevant departments or make it public to the public. The customer will not only fail to achieve the purpose of indiscriminate litigation, but will also bear severe liability for dishonesty.

Third, the CS clause can prevent contract risks, ensure the correct performance of the contract, and quickly resolve contract disputes

(1) Contract risks mainly include

1. One party to the contract is subjectively dishonest;

2. One party to the contract promises not to be cautious;

3. One party to the contract does not perform the contract correctly;

4. Contract disputes are difficult to resolve quickly.

(2) Prevention of contract risks by CS clause

1. The CS clause is a method to test whether the other party is subjectively honest.

If the other party is trying to deceive others, they will consider the consequences of being exposed, and may voluntarily give up signing the contract with you. The author tried to contact some "cyber crooks" to buy mobile phones and laptops. When it came to adding CS terms, the other party was not enthusiastic about the author, and stopped negotiating with the author for reasons such as lack of stock.

2. The CS clause is a method to prompt the other party to make a prudent commitment.

The parties to the contract often make many false promises to the other party in order to successfully sign the contract or obtain a favorable contract price, or make some promises that they are not sure to fulfill. Agreeing on CS terms, the other party will take the initiative to withdraw some false promises in fear of being complained in the future, squeezing out the "moisture" in the contract.

3. The CS clause can punish the dishonest person and force the other party to perform the contract correctly.

In many developing countries around the world, especially in countries with planned economic transition, the social credit system is not yet perfect, and it is difficult for people to use the form of credit records to punish dishonest people. Perfection, can give its social punishment.

The other party may fail to perform the contract due to objective reasons, but he will be frightened of being exposed and actively remedy to obtain his own understanding.

4. The CS clause is a quick way to resolve contract disputes.

The above content is excerpted from "Introduction to ICE8000 Credit Knowledge" (written by Fang Bangjian, free to use, but please indicate the source)