Terms and conditions of use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Sitpro Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Sitpro Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Sitpro Ltd and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Customs Indemnity

FreightFile by Sitpro (“FreightFile”) and Sitpro Ltd (“the company”) act as an information exchange with relation to customs documentation, they are not a customs agent, and do not accept any liability for incorrect submission. It is entirely the responsibility of the shipper or user to ensure the information submitted to the agents via FreightFile, and the customs entries returned to them are correct, and any errors should be highlighted to the agent through the messaging system and rectified by the agent. There may be additional costs for this.

On instructing the agent (via FreightFile) to submit a customs entry, or community transit document you agree to indemnify the agent and FreightFile in respect of all and any liability which may be imposed upon them in respect of the customs entry, or community transit operation, and you undertake to make payment and reimburse any and all expenses related to duties, taxes, levies and other charges whatsoever for which you may become liable as a result of giving such an instruction.

Furthermore, you hereby authorise the instructed customs agent to act as your direct representative for the completion and submission of customs entries. You will remain the principal for all relevant customs issues under the current regulations.

By using FreightFile and their agents you confirm that you will inform the agent if the shipment is licensable or restricted, as referred to in Customs Information Paper (08)02. It is understood that if not notified otherwise the agent will consider any commodities falling under such prohibition and restriction measures to be innocent and declare to customs accordingly. There may be additional costs incurred if licences are required, and this should be discussed with the agent.

By using FreightFile you authorise the company to pass the informations entered into FreightFile to their customs agents, and for those agents to complete the entries on your behalf. FreightFile and the company do not act as agents, and will not accept any liability for any losses resulting from the use of the system, any additional charges for additional work, or alterations that the agent does on your behalf is entirely the responsibility of the user to pay for.

The company charges a commission on all entries made through FreightFile, and these are included in the credit card charges made at time of payment. If the user is working on a credit basis with an agent the agent is primarily responsible for paying the commission to FreightFile, if the agent ceases trading and payment has not been made to them, the commission still remains payable by the user to the company provided the clearance instructions have been followed.

It is the responsibility of the user to seek authorisation from an appropriate person within their company to use Freightfile and abide by these terms and conditions if they are acting on behalf of an organisation. The organisation will be held accountable for the above terms as the user is acting on their behalf.

Additional Charges

We endeavour to make it clear where additional charges apply at the earliest opportunity, however these costs will apply regardless of whether the customer has been informed or not at the time of the customs operation. Please see our pricing page: https://www.freightfile.co.uk/pricing for the latest additional charges.

Work done beyond the processes requested will be chargeable for staff or management time. This will apply for any customs procedure that requires additional work from us beyond the completion of the requested process. Extra work is subject to a minimum 1/2 hour charge.

Cancellation of a customs process or clearance will be charged at 100% of the initial cost where the process has been completed or progressed significantly. Only in the event that no work has been done will this be reduced.

One simple change to the original request is permitted within the price initially paid (e.g. vehicle reg. change, changes to weight). Significant changes will be treated as a cancellation and re-booking and will attract the full cost again for the re-booking.

Non-closure of a transit procedure is very time consuming for our staff to manage, and puts us at greater financial risk. Where a transit procedure is not discharged within 10 days of departure there will be a non-closure fee due. Where the transit procedure remains undischarged for a period over 20 days a further charge will be billed, and an additional charge for every 30 day period thereafter that the transit procedure remains undischarged. This charge will be applicable for all shipments where the commercial value is up to £100,000.00; any higher-value shipments will be billed at a rate of 0.1% of the shipment value if undischarged after 15 days, followed by a further 0.1% of the shipment value for every 30 day period thereafter that it remains undischarged. Shortages will be billed at the hourly rate for ‘extra work’ due to the variable nature of fixing shortage issues.

Any T1 liabilities that we are obliged to pay will be sought from the customer that instructed us without delay or credit in full on the day of the demand from HMRC or any other customs authority. There will be an additional charge on top of the amount due. Interest at 8% above the Bank of England base rate will be chargeable immediately from the date of the demand from a customs authority.

Intellectual property and acceptable use

All Content included on the Website, unless uploaded by Users, is the property of Sitpro Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
You may, for your own personal, non-commercial use only, do the following:
1. retrieve, display and view the Content on a computer screen
2. download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)
3. print one copy of the Content.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Sitpro Ltd.
You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Sitpro Ltd for all claims resulting from Content you supply.

Prohibited use

You may not use the Website for any of the following purposes:

in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Password and security

When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Sitpro Ltd or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: Privacy.

Availability of the Website and disclaimers

Any online facilities, tools, services or information that Sitpro Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Sitpro Ltd is under no obligation to update information on the Website.
Whilst Sitpro Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Sitpro Ltd accepts no liability for any disruption or non-availability of the Website.
Sitpro Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Sitpro Ltd accepts no liability for any of the following:
1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
2. loss or corruption of any data, database or software;
3. any special, indirect or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Sitpro Ltd details

Sitpro Ltd is a company incorporated in England and Wales with registered number 11881174 whose registered address is 6 Royal Mews, Gadbrook Park, Rudheath, CW9 7UD, UK and it operates the website www.freightfile.co.uk.
You can contact Sitpro Ltd by email on support@freightfile.co.uk.
Sitpro Ltd is registered for VAT: GB358755745.