Terms of Service

These terms govern the use of ENSconnect (the "Service"), provided by ENS Connect Limited, company number 17454162, 128 City Road, London EC1V 2NX, United Kingdom ("ENS Connect", "we"). By requesting an API key or using the Service, the customer ("Customer", "you") accepts these terms. The Service is offered to businesses only.

1. The Service

ENSconnect is a software service through which ENS Connect lodges, on the Customer's behalf and on its instructions, (a) entry summary declarations (ENS) with HM Revenue & Customs under the Safety and Security GB regime and with the EU Import Control System 2 (ICS2); (b) goods movement references (GMR) with the HMRC Goods Vehicle Movement Service; and (c) logistics envelopes (ELO) with the French customs SI Brexit system. The Service relays the responses of the customs authorities to the Customer through the API, webhooks and the dashboard.

2. Operating model and authorisation

ENS Connect submits declarations under its own registrations and enrolments with the customs authorities, as a service provider acting for the Customer. The Customer appoints ENS Connect to lodge such declarations on its behalf and warrants that it has the authority of the carrier and of any other party named in the declaration to do so. The Customer remains the party responsible under customs law for the movement and for the content of each declaration. ENS Connect does not provide customs brokerage advice and does not decide which declarations are required.

3. Customer obligations

• Provide complete, accurate and timely data for every declaration, and review it before submission where the Service flags it for review.
• Act on customs responses relayed by the Service, in particular do-not-load, inspection and rejection messages, and keep the vehicle from proceeding where the response requires it.
• Keep API keys confidential, use one key per integration, and tell us immediately if a key may have been compromised.
• Use the Service only for lawful purposes and only for the Customer's own operations or those of its clients under a written mandate; no resale of the Service without our written consent.
• Keep its own records of declarations as required by customs law; the Service is not the Customer's archive.

4. Our obligations

• Transmit accepted requests to the relevant customs authority promptly, in the format and through the channel required by that authority.
• Relay every response received from the authority without alteration of its substance, alongside a plain-language explanation where we provide one.
• Operate the Service with reasonable skill and care, maintain the security measures described in the Privacy Policy, and keep our software compliant with the technical requirements of the authorities.
• Give at least 30 days' notice of changes to the API that are not backwards compatible, except where a change imposed by an authority leaves less time.

5. Availability

We aim for continuous availability but do not guarantee it. The Service depends on the systems of HMRC, the European Commission, the French customs administration and our infrastructure providers, whose outages are outside our control. Planned maintenance is announced in advance where possible. The Customer must keep a fallback procedure for lodging declarations if the Service or an authority's system is unavailable.

6. Fees

Unless a separate written agreement says otherwise: a fee of EUR 3 is charged for each ENS declaration accepted by the customs authority (a declaration that received a movement reference number). Rejected declarations, amendments, GMRs and ELOs are not charged. Fees are invoiced monthly in arrears, payable within 14 days, plus VAT where applicable. We may suspend the Service after written notice if an invoice is more than 30 days overdue.

7. Test environment

Test API keys connect to the sandbox environments of the authorities. Nothing lodged with a test key has legal effect and no fee is charged for it.

8. Data protection

Personal data is handled as set out in our Privacy Policy. For declaration data the Customer is the controller and ENS Connect the processor; a data processing agreement forming part of these terms is available on request.

9. Liability

• ENS Connect is not liable for any customs decision, control, delay, penalty, fine, seizure, demurrage or vehicle detention that results from data supplied by the Customer, from the Customer's failure to act on a customs response, or from the unavailability of an authority's system.
• ENS Connect is not liable for indirect or consequential loss, loss of profit or business interruption.
• Our total liability to the Customer in any twelve-month period is limited to the fees paid by the Customer for the Service in that period.
• Nothing in these terms limits liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.

10. Intellectual property

The Service, its software, documentation and API design remain the property of ENS Connect and its licensors. The Customer receives a non-exclusive, non-transferable right to use the Service for the term of the agreement. The Customer retains all rights in its own data.

11. Term, suspension and termination

The agreement runs from the issue of the first API key until either party ends it with 30 days' written notice. We may suspend or end access immediately if the Customer breaches clause 3, if a customs authority requires it, or if continued use would put our registrations with an authority at risk. On termination we return or delete Customer data as described in the Privacy Policy, subject to record-keeping obligations.

12. Changes to these terms

We may update these terms by publishing the new version at this address and notifying the Customer by email at least 30 days before it takes effect. Continued use after that date is acceptance of the new terms.

13. Governing law

These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, without prejudice to mandatory provisions of the law of the Customer's country of establishment.

14. Contact

ENS Connect Limited, 128 City Road, London EC1V 2NX, United Kingdom · contact@ensconnect.co.uk