Terms and Conditions

In this agreement:

2.1.Unless the context otherwise requires, a reference in this agreement to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

2.2.Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.3.Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.

2.4.References to a person include references to that person’s successors, legal representatives, permitted assigns and any person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.5.The headings to the paragraphs to this agreement do not affect the interpretation.

2.6.A reference in this agreement to an Act or Regulation includes new law of substantially the same intent as that Act or Regulation.

2.7.In the context of permission, ‘may not’ in connection with an action of yours, means ‘must not’.

2.8.In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.

2.9.This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3.1.This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

3.2.So far as the law allows, all implied conditions, warranties and terms are excluded from this agreement.

3.3.In entering into this contract, you have not relied on any representation, warranty, information or document or other term other than that given on our Website.

3.4.Subject to these terms and conditions, we grant you a non-transferable, non-exclusive, revocable, and limited licence to use our Service at the prices we charge from time to time.

3.5.In using our Service, you acknowledge that you understand exactly its nature and that you are satisfied it is suitable and satisfactory for your requirements.

3.6.The contract between us comes into existence when we provide you with access to an Account. At any point up until our acceptance, we may decline to provide our Service to you without giving any reason.

3.7.When we allow you to File a Declaration without specific charge to you or without reducing your Remaining Allowance, that Declaration is deemed to be:

3.7.1Filed free of charge; and

3.7.2separate to the Filing of any Declaration where a charge is made.

Accordingly, there is neither a contractual nor any other obligation on us in respect of the Filing of that Declaration. However, you remain obligated under these terms as far as they can be applied as if a charge had been made.

3.8.These terms apply whether you pay through our Platform or otherwise.

3.9.If you use our Platform in any way, including if you File a Declaration on behalf of another person then you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.10.Should these terms conflict with any other information we provide on our Website or elsewhere, then you agree that these terms prevail.

3.11.We may change these terms from time to time. The terms that apply to you are those published on our Website on the day the contract between us is made.

3.12.Our Platform is intended for use by businesses, traders, freight forwarders, customs intermediaries, importers, exporters, carriers and other persons involved in the movement of goods. Unless we expressly agree otherwise in writing, you warrant that you use our Service in the course of your business, trade or profession and not as a Consumer.

3.13.We provide software, document processing, data handling, customs workflow and Filing tools only. We do not provide customs brokerage services, customs representation, freight forwarding services, transport services, legal advice, tax advice, customs advice, regulatory advice or advice on whether any Declaration, ELO, Transit Movement, Guarantee or goods movement complies with Customs Laws.

3.14.You are solely responsible for deciding whether our Service is suitable for your requirements, for understanding the Customs Laws that apply to your goods and goods movement, and for taking advice from a suitably qualified adviser where required.

3.15.The use of a .eu domain name, EU-facing website, EU customer interface, ELO functionality, ICS2 functionality, NCTS functionality or other EU-related functionality does not change the identity of the contracting party, the governing law of this agreement, or the allocation of responsibility set out in this agreement.

4.1.Prices for our Pay-As-You-Go Services and for our Pricing Plans are clearly set out on our Website.

4.2.Prices may be changed by us at any time. However, the amount you pay will be that published on the day:

4.2.1that you File a Declaration, if you do not have a Subscription; or

4.2.2that we grant a Subscription.

4.3.Prices exclude value added tax (‘VAT’).

4.4.If we agree to provide, arrange or make available any additional facility, including any Guarantee-related facility, you must pay any fee, security, deposit or other charge that we specify before that facility is made available, unless we agree otherwise in writing.

4.5.If you use our Pay-As-You-Go Services then the date that you become liable to pay us for Filing the Declaration is when we confirm that the Filing has been Successful.

4.6.If you have a Subscription then you become liable to pay us for:

4.6.1one twelfth of the price of your Pricing Plan on the first day of each calendar month, regardless of whether you File any Declarations in the corresponding Period; and

4.6.2any Additional Declaration Charge as you incur it.

4.7.We require payment within 14 days of submitting an invoice to you to the email address provided by you and shown in your Account.

4.8.You agree that if you do not pay us within 7 days, then we may, at our discretion, charge your debit or credit card (if you have provided details of it to us in the past) automatically for the amount invoiced within the following week, so that you do not breach any term of this agreement.

4.9.You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.

4.10.Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than that on your invoice will be borne by you.

4.11.If we owe you money (for any reason), we will return the amount owed to you as soon as reasonably practicable but in any event no later than 30 days from the date when we accept that repayment is due.

4.12.You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your payment provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at £150 per hour in dealing with your breach. You agree that this provision is reasonable.

5.1.The Regulations give you 14 days ‘cooling off’ period within which you may cancel and ask for a full refund of your money. However, if you wish the service provider to start provision of the service immediately, the Regulations allow you to instruct them to do so provided that you acknowledge that in doing so you lose your right to the cooling off period.

5.2.By accepting these terms and conditions, you instruct us to provide our Service immediately and you acknowledge that you lose your right to the cooling off period.

6.1.Allowances relate specifically to types of Declarations your Pricing Plan includes. You have no Allowance for a type of Declaration that is not included in a Pricing Plan to which you have subscribed.

6.2.The following terms relate to any Subscription:

6.2.1The Pricing Plan Allowance for each Pricing Plan is displayed on our Website and expressed as a per annum figure.

6.2.2Your Remaining Allowance is reduced by one when you confirm that you wish to File a Declaration that you have prepared.

6.2.3If a Filing is not Successful, then we shall increase your Remaining Allowance by one.

7.1.A Subscription continues until cancellation by you or termination by us.

7.2.You may cancel a Subscription by giving us at least six months’ notice, and the Subscription shall end on the final day of a Period.

7.3.You agree to pay us the Additional Declaration Charge as at the date of the cancellation of your Subscription for each additional Declaration made in excess of the Pro-Rated Pricing Plan Allowance.

7.4.After cancellation of your Subscription, you may continue to use our Pay-As-You-Go Services or buy a new Subscription under a new contract.

7.5.If we change these terms, including prices, and/or make any material change to a Service while you have a Subscription to it then we shall give you at least 14 days of notice of the change before it comes into force.

7.6.If you tell us before the date of the change that you do not accept the new terms, then we shall treat your refusal as a request to cancel as set out in this section. Until your Subscription ends, we shall provide that Service to you on the same terms as before and the new terms shall not come into force for you.

7.7.If you continue to use the Service after the date of the change, then we may reasonably assume that through your continued use, you agree to be bound by the changed terms.

8.1.Any termination of this agreement by this paragraph will be without prejudice to any other rights or remedies to which a party may be entitled.

8.2.This agreement may be terminated:

8.2.1by you, requesting that we close your Account, subject to the terms of this agreement in respect of cancelling a Subscription;

8.2.2by us:

8.2.2.1at our complete discretion by giving you at least 14 days’ notice, and if you have a Subscription then this agreement shall terminate on the last day of a Period; or

8.2.2.2immediately if either you fail to pay any sum due within 30 days of the date of submission of an invoice or you materially breach any term of this agreement.

8.2.3by either party if a trustee receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).

8.3.On termination, your right to use our Service immediately ceases and we are under no obligation to continue to provide any part of it to you.

8.4.In the event of termination by us, you remain liable to us for use of our Service up to the date of termination.

8.5.In respect of a Subscription that is active on the date of termination:

8.5.1the effect of termination is to end the Subscription on the date of termination; and

8.5.2you remain liable to us for a sum equal to one twelfth of the price of your Pricing Plan for use of our Service in the Period immediately prior to termination, as well as the Additional Declaration Charge as at the date of the cancellation of your Subscription for each additional Declaration made in excess of the Pro-Rated Pricing Plan Allowance.

9.1.If it is necessary for us to interrupt the provision of our Services, we will give you reasonable notice where this is possible and when we think the delay is such as to justify telling you.

9.2.You acknowledge that the provision of our Services may also be interrupted for many reasons beyond our control.

9.3.You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the provision of our Services.

10.1.We are aware that in the course of providing our Services to you, both of us might have access to and be entrusted with information in respect of the business and operation of the other, all of which information is or may be confidential.

10.2.We both now undertake for ourselves and for every employee or sub-contractor whose services we may use both during and after completion the provision of our Services, that we will not divulge to any person whatever or otherwise make use of (and will use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information.

10.3.Each of us now undertakes to the other to make all relevant employees’ agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as will from time to time be necessary to ensure compliance by its employee’s agents and sub-contractors with these provisions.

11.1.You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself and your business. We need this information to provide you with our Services.

11.2.If you use our Services, you are responsible for maintaining the confidentiality of your security information (your username and password, and any other information used to secure access to our Platform) and for preventing any unauthorised person from accessing your Account.

11.3.You agree to accept responsibility for all activities that occur while anyone is signed into your Account. You should tell us immediately if you believe some person has, without your authority, accessed your Account or used our Services while signed in as you. You should also sign into your Account and change your password.

12.1.You are solely responsible for the accuracy, completeness, validity, authenticity, suitability and timing of all information, data and documents that you enter, upload, approve, submit or File through our Platform.

12.2.Before you File any Declaration, Safety and Security Declaration, ICS2 filing, ELO, Transit Declaration or other submission, you must check and approve all information that will be submitted, including as applicable:

12.2.1goods descriptions;

12.2.2commodity codes;

12.2.3values;

12.2.4weights and quantities;

12.2.5consignor and consignee details;

12.2.6importer, exporter, carrier, declarant and representative details;

12.2.7EORI numbers;

12.2.8vehicle, trailer, route, port and movement details;

12.2.9guarantee references and guarantee amounts;

12.2.10invoices, packing lists, transport documents and supporting documents;

12.2.11any ELO barcode, MRN or customs reference; and

12.2.12any other information required by a Customs Office.

12.3.You must not File or approve any Declaration, Safety and Security Declaration, ICS2 filing, ELO, Transit Declaration or other submission unless you have checked it and are satisfied that it is accurate, complete, timely and suitable for your requirements.

12.4.You are solely responsible for complying with all Customs Laws that apply to your goods, documents, declarations, transit movements, routes, guarantees, border crossings and use of our Service.

12.5.You are solely responsible for obtaining and maintaining all licences, authorisations, registrations, EORI numbers, approvals, guarantees, consents, records and professional advice required for your goods movement.

12.6.We are not responsible for any customs debt, duty, VAT, excise duty, penalty, fine, interest, storage charge, demurrage, delay, inspection, seizure, refusal, missed crossing, failed transit closure, failed discharge, guarantee call or other loss arising from:

12.6.1inaccurate, incomplete, late or unsuitable information provided by you;

12.6.2your failure to check any Declaration, Safety and Security Declaration, ICS2 filing, ELO, Transit Declaration or other submission before Filing;

12.6.3your failure to comply with Customs Laws;

12.6.4any decision, delay, rejection, inspection or action by a Customs Office;

12.6.5your use of an incorrect or insufficient Guarantee; or

12.6.6your failure to close or discharge a Transit Movement correctly.

13.1.Where our Platform allows you to prepare, generate, process or use an ELO, barcode or equivalent smart border process, the ELO or barcode is generated from information provided, uploaded, approved or selected by you.

13.2.You are solely responsible for ensuring that all customs, transit, safety and security, logistics, vehicle, trailer, goods, route and movement information included in or linked to an ELO is accurate, complete and suitable for the relevant crossing.

13.3.You must check the ELO, barcode and all underlying information before it is used for any border crossing, port process, carrier process or Customs Office process.

13.4.We are not liable for any rejected, delayed, incorrect, incomplete, duplicated, expired, invalid or unsuitable ELO or barcode, except to the extent caused directly by our fraud or wilful default.

13.5.We are not liable for any refused boarding, missed ferry, missed crossing, delay, inspection, customs hold, penalty, storage charge, demurrage, loss of goods, commercial loss or other loss arising from your use of, or reliance on, an ELO or barcode.

14.1.Where our Platform allows you to prepare, process, submit, receive or manage a Safety and Security Declaration, including an ENS through ICS2, S&S GB or any similar Customs Office system, the declaration is prepared from information provided, uploaded, approved or selected by you.

14.2.ENS and ICS2 functionality is pre-arrival safety and security functionality for goods entering or transiting through the relevant customs territory. It is not departure declaration functionality unless we expressly state otherwise in writing.

14.3.You are solely responsible for ensuring that each Safety and Security Declaration, ENS, ICS2 filing or related submission is accurate, complete, timely and suitable for the relevant goods movement, route, carrier, port, Customs Office and legal requirement.

14.4.You must check and approve all safety and security data before it is Filed, including party details, carrier details, route details, transport details, goods descriptions, package details, document references, MRNs, barcodes, status messages and any other information required by the relevant Customs Office.

14.5.We do not warrant that any Safety and Security Declaration, ENS, ICS2 filing, S&S GB filing or related submission will be accepted, processed, risk-assessed, released or treated as sufficient by any Customs Office, carrier, port authority or other third party.

14.6.We are not liable for any loss arising from an inaccurate, incomplete, late, rejected, duplicated, invalid, unsuitable or incorrectly used Safety and Security Declaration, ENS, ICS2 filing or S&S GB filing, except to the extent caused directly by our fraud or wilful default.

15.1.Where you use our Platform in connection with any Transit Declaration or Transit Movement, you remain solely responsible for the Transit Movement from start to finish.

15.2.Your responsibility includes:

15.2.1ensuring that the Transit Declaration is accurate and complete;

15.2.2selecting the correct offices of departure, transit and destination;

15.2.3providing the correct guarantee reference and guarantee amount;

15.2.4ensuring that the Guarantee is valid, sufficient and available;

15.2.5ensuring that the goods, documents and required information are presented at the correct Customs Office within the required time;

15.2.6monitoring the status of the Transit Movement;

15.2.7dealing with incidents, irregularities, amendments, cancellations and corrections;

15.2.8ensuring that the Transit Movement is discharged or closed correctly; and

15.2.9paying any customs debt, duty, VAT, excise duty, penalty, interest or charge arising in connection with the Transit Movement.

15.3.We do not warrant that any Transit Declaration or Transit Movement will be accepted, released, discharged or closed by any Customs Office.

15.4.We are not liable for any loss arising from a Transit Movement not being discharged or closed correctly, unless caused directly by our fraud or wilful default.

16.1.Where you use your own Guarantee, you are solely responsible for ensuring that the Guarantee is valid, sufficient, available, correctly referenced and accepted by the relevant Customs Office for the relevant Declaration or Transit Movement.

16.2.You must monitor your own Guarantee usage and ensure that you have sufficient Guarantee capacity for all open or proposed Transit Movements.

16.3.We may, at our discretion, allow selected customers to use a Guarantee provided or arranged by us, but only where we have expressly agreed this in writing before the relevant Declaration or Transit Movement is Filed.

16.4.You must not use, attempt to use, reference or rely on any Guarantee provided or arranged by us unless we have expressly authorised that use in writing.

16.5.Where we allow you to use a Guarantee provided or arranged by us:

16.5.1you remain solely responsible for the relevant goods, Declaration, Transit Movement, information, documents and compliance with Customs Laws;

16.5.2you must provide all information, documents, evidence and assistance reasonably required by us to monitor, manage, discharge or close the relevant Transit Movement;

16.5.3you must notify us immediately of any incident, delay, irregularity, non-arrival, customs query, customs demand, guarantee query or other matter that may affect the Guarantee;

16.5.4we may require prepayment, security, deposit, additional information or other protection before allowing use of the Guarantee;

16.5.5we may refuse, suspend or withdraw access to the Guarantee at any time; and

16.5.6you must not do anything that may cause the Guarantee to be called, reduced, suspended, withdrawn or otherwise affected.

16.6.You must indemnify us on demand against all customs debt, duty, VAT, excise duty, import charges, export charges, penalties, fines, interest, guarantee calls, security calls, professional adviser costs, management time, bank charges, administrative costs and other liabilities, losses, costs or expenses arising from or in connection with:

16.6.1your use of any Guarantee provided or arranged by us;

16.6.2any Declaration or Transit Movement for which our Guarantee is used or referenced;

16.6.3any failure to discharge or close a Transit Movement correctly;

16.6.4any inaccurate, incomplete, late or unsuitable information provided by you;

16.6.5any act, omission or default by you, your customer, carrier, driver, agent, representative or subcontractor; or

16.6.6any breach by you of this agreement or Customs Laws.

16.7.Any amount payable by you under this section is payable immediately on demand and may, to the extent permitted by law and applicable payment rules, be charged to any payment method we hold for you, set off against any amount we owe you, or recovered as a debt.

17.1.Our Platform may include Intelligent Document Processing, artificial intelligence, machine learning, optical character recognition, automation or similar functionality.

17.2.IDP and other automated functionality are provided to assist you only. They do not replace your own review, judgment, knowledge, professional advice or compliance checks.

17.3.You acknowledge that IDP and other automated functionality may be inaccurate, incomplete, unsuitable, delayed or unable to identify missing, inconsistent, unclear, misleading or incorrect information.

17.4.You must check all information extracted, generated, suggested, populated or processed by IDP or other automated functionality before using it, approving it or Filing it.

17.5.We are not liable for any loss arising from your reliance on IDP or other automated functionality without checking the relevant information before use or Filing.

17.6.You must not treat any IDP output, automated output, suggestion, warning, absence of warning, field population, validation message or other platform output as legal, customs, tax, regulatory or professional advice.

18.1.We will defend our rights in all our Intellectual Property, including the rights in our Services, and our copyright in the Content whether provided by us or by any other party.

18.2.You may not use our name, logos or trademarks or any other Content in any way.

18.3.You agree that at all times that you will:

18.3.1not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it;

18.3.2notify us of any suspected infringement of our Intellectual Property; and

18.3.3without our express permission, not to:

18.3.3.1copy or replicate it for use by any other person in any way not intended by us;

18.3.3.2make any change to it or any part of it;

18.3.3.3publish or store it on any website or cloud storage service, or otherwise allow any other person access to it;

18.3.3.4create derivative works from it;

18.3.3.5use it in any way in which it is not intended to be used; and

18.3.3.6not to use it except directly in our interest.

19.1.You agree to indemnify us against all costs, claims, liabilities, losses and expenses arising directly or indirectly from:

19.1.1your failure to comply with the law of any country, including Customs Laws;

19.1.2your breach of this agreement;

19.1.3any inaccurate, incomplete, late, unsuitable or misleading information, data or document provided, uploaded, approved or Filed by you;

19.1.4your failure to check any Declaration, Safety and Security Declaration, ICS2 filing, ELO, Transit Declaration, Uploaded Document, IDP output or other submission before Filing or use;

19.1.5any act, neglect or default of yours or by any agent, employee, licensee, customer, carrier, driver, representative or subcontractor of yours;

19.1.6any customs debt, duty, VAT, excise duty, import charge, export charge, penalty, fine, interest, storage charge, demurrage, guarantee call or other amount arising from or in connection with your use of our Service;

19.1.7any failure to discharge, close, cancel, amend or correct a Transit Movement;

19.1.8any use or attempted use of a Guarantee, whether your Guarantee or any Guarantee provided or arranged by us;

19.1.9a contractual claim arising from your use of our Services; and

19.1.10a breach of the intellectual property rights of any person.

19.2.You agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £150 per hour without further proof.

20.1.This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999), as well as to us.

20.2.To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to any Service we sell or make available to you. This does not affect your statutory rights as a Consumer, nor does it affect your contract cancellation rights.

20.3.If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

20.4.We use our reasonable endeavours to confirm the accuracy of any information we place on our Website. We make no warranties, whether express or implied in relation to its accuracy or completeness.

20.5.We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Website.

20.6.This website may contain links to other websites over which we have no control of the nature, the content and the availability.

20.7.At your request, we may use software to translate text written by you in English into other languages, or to translate, extract, read, structure, populate or process data from documents or information provided by you. You agree that we shall not be liable to you in any way for the accuracy, completeness or suitability of any translation, extraction, suggestion, populated field or automated output, nor the result of submitting any Filing in a language other than English or using any information generated or processed by IDP or other automated functionality. We recommend that you verify any translation, extraction and automated output independently before Filing a Declaration or using it for any customs, transit, ELO or border purpose.

20.8.You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying goods or services via such a website.

20.9.The inclusion of any links on this website does not necessarily imply a recommendation or endorse the views expressed on those to which we link.

20.10.Our Platform and our Services are provided ‘as is’ and ‘as available’ without any representation made. We make no warranty as to their usefulness to you, their satisfactory quality, their fitness for any purpose, the availability of any function, the compatibility with your devices or software, privacy of any transmission, or security of use.

20.11.We aim to maintain access to our Platform, but from time to time it may be necessary for us to suspend all or part of our Services for repairs, maintenance or other good reasons. We may do so without telling you first.

20.12.You acknowledge that access to our Platform may also be interrupted for many reasons beyond our control.

20.13.Accordingly, we make no warranty that your use of our Platform will be uninterrupted or timely.

20.14.You acknowledge that, as with any software product, the Platform may have bugs and errors that affect its performance and capability. While we shall try to correct any bugs or errors that come to our attention as quickly as possible, we make no warranty that we will correct bugs and errors within a specific timeframe.

20.15.We will not be responsible or liable to you for any loss, foreseeable or not, arising from any interruption of the availability of our Services or our Platform.

20.16.We shall not be liable to you in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) for any loss or expense arising out of or in connection with your use of our Services or our Platform, which is a special, indirect or consequential loss, or an economic loss or other loss of turnover, profits, contracts, business or goodwill.

This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

21.1.The information that forms a Declaration, Safety and Security Declaration, ICS2 filing, ELO, Transit Declaration or other submission is available to you to review on the Platform before Filing or use.

21.2.We are not liable in any way for any situation that arises as a result of data, documents or information that you enter, upload, approve, use or File, including where a Filing is not Successful, where a Customs Office rejects or delays a submission, where an ELO or barcode is invalid or unsuitable, or where a Transit Movement is not discharged or closed correctly.

21.3.Our limitation of liability for the data you File includes your choice of the most appropriate Customs Office, customs procedure, declaration type, guarantee reference, guarantee amount, transit route, offices of departure and destination, goods description, commodity code, value, weight, EORI number, party details and supporting documents.

21.4.You acknowledge that we may not include all information that you enter into the Platform within a Declaration, Safety and Security Declaration, ICS2 filing, ELO, Transit Declaration or other submission.

21.5.We make no representation that within a particular time period a Customs Office will act in any way on a Declaration, Safety and Security Declaration, ICS2 filing, ELO, Transit Declaration or other submission, confirm that a Filing is Successful, issue a barcode or MRN, release goods, discharge a Transit Movement, close a transit procedure, accept a Guarantee, or refrain from raising any query, duty, VAT, excise duty, penalty, fine, interest or charge.

21.6.We provide training on how to use our Platform. We also provide customer support. You warrant that before Filing or using a Declaration, Safety and Security Declaration, ICS2 filing, ELO, Transit Declaration or other submission, you understand how to use our Platform and all the consequences of Filing or using that Declaration, Safety and Security Declaration, ICS2 filing, ELO, Transit Declaration or other submission.

21.7.With the exceptions laid out by the Data Protection Act 2018, the UK GDPR, the EU GDPR where applicable, and any subsequent law of a similar nature, we shall not be liable to you for the consequences of a data breach of our Platform by a third party, provided that we have taken reasonable care to protect your data.

21.8.We assume no responsibility for the deletion or failure to store data of any sort and you accept that we cannot be liable to you for any such deletion or failure to deliver to you such data.

21.9.We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.

21.10.Except where otherwise set out, our total liability to you, however it arises, shall not exceed the amount you have paid us for our Services in the immediately preceding three month period. This applies whether your case is based on contract, tort or any other basis in law. This cap does not limit any indemnity, reimbursement or payment obligation owed by you to us under this agreement.

21.11.No term of our agreement with you shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees, or any other liability which cannot lawfully be excluded or limited.

22.1.If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

22.2.The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

22.3.Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

22.4.No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

22.5.Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service or by email. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post, or when an email message confirming receipt is sent if sent by email.

22.6.In the event of a dispute, you agree to undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

22.7.No party to this agreement shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond their reasonable control, including any labour dispute between a party and their employees.

22.8.This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

22.9.The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England or Wales. This does not prevent the mandatory application of Customs Laws or other mandatory laws that apply to your goods, Declaration, ELO, Transit Movement, Guarantee, border crossing or use of our Service.