Terms & Conditions

1. Who We Are

These Terms & Conditions (“Terms”) govern the use of the services and client portal provided by B.E. Ready Services Ltd (“we”, “us”, “our”) to the customer identified in our records (“Customer”, “you”). By using our services or portal, you agree to these Terms.

2. Services

• Preparing and submitting customs declarations and related filings on your behalf or on your instructions.
• Providing access to our portal/software through which you may submit declarations directly, including (without limitation) ICS (Entry Summary Declarations) and ELO (Logistique Envelope).
• Ancillary consultancy and support in relation to customs processes.

We perform services with reasonable skill and care and in reliance on the information you supply.

3. Direct Representation with HMRC

In all dealings with HMRC for and on behalf of the Customer and/or the owner of the goods, we are deemed to be appointed and act as Direct Representative only. The Customer is the declarant and remains responsible for the accuracy and completeness of the information provided and any duties, taxes, penalties or liabilities arising from the declarations.

4. Your Responsibilities

• Accuracy: Provide complete, accurate and timely information and documents (including commodity codes, values, origin, transport details and any licences/permits). You are solely responsible for the correctness of data you introduce into the portal or send to us.
• Authority: Ensure you have authority from the owner/consignee/consignor to instruct us and to appoint us as Direct Representative.
• Deadlines: Observe all cut-offs we notify. We are not responsible for delays where data or documents are late, incomplete or incorrect.
• Compliance: Comply with all applicable customs, trade, sanctions and tax laws and retain records as required by law.
• Security: Keep portal credentials secure and notify us immediately of any suspected unauthorised access.

5. Pricing & Fees Schedule

Our fees are set out in the Pricing & Fees Schedule (the “Schedule”), which forms part of these Terms and is available in-portal under Pricing. The Schedule may be client-specific. We may update the Schedule from time to time; we will give reasonable notice of material changes. The version effective on the date of the service applies.

6. Additional Charges & Third-Party Costs

Fees in the Schedule cover standard scope only. Additional charges may apply where services are non-standard (e.g., urgent work, out-of-hours, corrections, exceptional complexity) or where third-party, governmental or carrier charges, taxes or disbursements apply. We will inform you of such charges in advance where reasonably practicable or as soon as we become aware.

7. Invoicing & Payment

• We invoice upon submission of declarations or as otherwise agreed.
• Invoices are payable within [14] days of the invoice date in the stated currency.
• We may suspend services or withhold submissions/results for overdue accounts.
• Interest accrues on overdue amounts at the statutory rate under the Late Payment of Commercial Debts regime (currently base rate + 2%) and we may recover reasonable costs of collection.
• You shall not set off or withhold payments except as required by law.

8. Declarations Submitted by You via the Portal

Where you submit ICS, ELO or other filings directly through the portal, you are responsible for the data entered and for verifying that the resulting declarations are correct before use. We provide the software “as is” and do not guarantee uninterrupted availability. Support is provided on a reasonable-endeavours basis.

9. Confidentiality & Data Protection

Each party must keep the other’s confidential information confidential and use it only to perform these Terms. We process personal data in accordance with our Privacy Policy.

Third-Party Services & Sub-processors

We may use third-party services to provide the portal and our services (for example: hosting and cloud infrastructure, email and notifications, logging/monitoring, analytics, document storage, identity and security, and integrations with government systems such as HMRC). These providers act as our processors and are engaged under written terms requiring appropriate confidentiality, security and data protection safeguards.

• Continuity & changes. We may add, replace or remove third-party providers from time to time. Where a change materially affects the services, we will use reasonable efforts to notify you in advance.
• Availability & performance. The portal’s availability may be affected by the availability of third-party services. We will use reasonable efforts to manage dependencies but are not responsible for outages or delays caused by third-party platforms outside our reasonable control.
• Data sharing. We may share Customer information with such providers only to the extent necessary to deliver the services. Personal data is processed in accordance with our Privacy Policy.
• International transfers. Where third-party providers are located outside the UK/EEA, we will implement appropriate transfer safeguards (e.g., UK IDTA/approved SCCs or equivalent mechanisms).

10. Intellectual Property & Licence

We retain all intellectual property in the portal and materials. We grant you a non-exclusive, non-transferable licence to use the portal for your internal business purposes while your account is active and in good standing. You must not reverse-engineer, copy or provide third-party access except as agreed in writing.

11. Warranties & Disclaimers

Except as expressly stated, we give no warranties regarding outcomes, approvals or timings from HMRC or other authorities. We are not responsible for errors, penalties, delays or rejections caused by inaccurate, incomplete or late information provided by you or your agents.

12. Liability

• We do not exclude liability for death or personal injury caused by negligence, fraud or any liability that cannot legally be limited.
• Subject to the above, our total aggregate liability arising out of or in connection with the services and these Terms is limited to the total fees paid by you to us in the 12 months preceding the event giving rise to the claim.
• We are not liable for indirect, consequential or special losses, loss of profits, business, goodwill or data.
• You agree to indemnify us against claims, penalties or losses arising from your breach of these Terms or the provision of inaccurate, incomplete or unlawful information/instructions.

13. Suspension & Termination

• Either party may terminate on 30 days’ written notice.
• We may suspend or terminate immediately for material breach (including non-payment), insolvency or unlawful use.
• Termination does not affect accrued rights or your obligation to pay fees and charges incurred.

14. Changes to Terms & Schedule

We may update these Terms and/or the Schedule. We will provide reasonable notice of material changes; your continued use of the services on or after the effective date constitutes acceptance. We may require you to accept updates within the portal before submitting new jobs.

15. Force Majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including system or network outages, strikes, war, government action or changes to customs systems.

16. Governing Law & Jurisdiction

These Terms are governed by the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction, except that we may seek injunctive relief in any competent court.

17. Miscellaneous

• Notices: Via the portal or by email to your registered address.
• Assignment: You may not assign without our consent; we may assign to an affiliate or in a reorganisation.
• Entire Agreement: These Terms and the Schedule form the entire agreement and supersede prior discussions.
• Severability: If any provision is invalid, the remainder remains effective.
• No Waiver: A failure to enforce is not a waiver.