Terms of Service

§1. General provisions

These Terms of Service (the “Terms”) govern the supply of services by closemrn.com (operated by [Company name — placeholder], [registered office — placeholder], VAT ID [placeholder]) (the “Service Provider”) through the website at https://closemrn.com.

By creating an account, submitting an order or otherwise using the Service, the Client confirms that it has read, understood and accepted these Terms and the Privacy Policy available at /en/privacy.

§2. Scope of the Services and legal character

The Service Provider delivers to the Client a port data coordination service in European Port Community Systems (“PCS”), in particular ZAPP / BHT / WHT (DAKOSY, Germany), Portbase (Netherlands) and APCS (Belgium). The service includes, in particular:

• entering into the PCS the logistics and port data supplied by the Client (MRN number, container number, booking reference, port of exit, vessel and terminal data) for the purpose of linking the physical container to the Client’s existing export declaration;
• monitoring the container’s status in terminal systems (EUROGATE, HHLA, NTB and others) and notifying the Client of status changes;
• receiving and forwarding to the Client the exit confirmation message CC599C / IE599 in the form in which it has been generated by the customs authority of the Member State of exit.

The Service Provider performs all acts under this section in its own name and on its own account, as a registered end-user of each PCS, under its own access agreements with the PCS operators. The Service Provider is not a customs representative of the Client within the meaning of Article 5(6) and Article 18 of Regulation (EU) No 952/2013 (Union Customs Code). The Client does not grant the Service Provider any customs power of attorney; acceptance of these Terms shall not constitute such a power of attorney and may not be so construed.

The Client remains the sole declarant of the export customs declaration within the meaning of Article 5(15) of the Union Customs Code and the sole exporter within the meaning of Article 1(19) of Delegated Regulation (EU) 2015/2446. The Client bears sole and unlimited responsibility for:

• the lodging and correctness of the export customs declaration, including tariff classification, customs value, country of origin, weights and description of goods (Article 15(2) of the Union Customs Code);
• the accuracy, completeness and currency of the data supplied to the Service Provider;
• payment of any customs debt and other public-law charges arising from the export transaction (Articles 77 and 84 of the Union Customs Code);
• compliance of the underlying commercial transaction with international restrictive measures (in particular Council Regulations (EU) 269/2014 and 833/2014 as amended) and with dual-use export control legislation (Regulation (EU) 2021/821);
• holding and correctly using its own EORI number where required.

Authorisation to use data. To the extent required by the rules of the relevant PCS, the Client hereby grants the Service Provider a contractual authorisation to enter into the PCS the Client’s data and the data of third parties supplied to the Service Provider in connection with the order (booking references, container numbers, MRN numbers, vessel and terminal data), solely to the extent necessary to perform the service under this section. This authorisation is not a customs power of attorney within the meaning of Article 18 of the Union Customs Code; it is purely a contractual permission to make technical use of the data.

The Service Provider does not supply, and the Client shall not expect from the Service Provider: (a) customs, tax or legal advice (including tariff classification, duty rates, origin preferences, special procedures, VAT exemptions, free trade agreements); (b) representation before any customs, tax or judicial authority; (c) the lodging of any customs declarations (export, import, transit) or their amendments; (d) the performance of any obligations incumbent on the exporter under Union customs law. Any questions in these areas shall be addressed by the Client to a licensed customs broker or tax advisor of its choice.

§3. Eligibility and B2B scope

Use of the Service requires: (a) registration of an account in the portal; (b) provision of the data necessary to perform the order (MRN, exporter details, container number, port of exit); (c) acceptance of these Terms and of the Privacy Policy.

The Client represents and warrants that:

• it is an economic operator acting in the course of its trade, business or profession and enters into this agreement in direct connection with such activity;
• it holds a valid EU VAT identification number and, to the extent required, an EORI number;
• it is entitled to dispose of the data transmitted to the Service Provider and to grant the authorisation referred to in §2, including in respect of third parties whose data are included in the order;
• it is not subject to any international restrictive measures or sanctions imposed by the European Union, the United Nations, the United States of America or the United Kingdom.

This agreement is concluded solely in a business-to-business context. Conclusion with a consumer within the meaning of Article 2 of Directive 2011/83/EU is excluded; the provisions of that directive shall not apply.

§4. Performance and timing

The Service Provider performs port notifications on the basis of the data supplied by the Client. The average processing time is approximately 32 minutes. The Service Provider undertakes to take action within 2 hours of confirming receipt of the order, subject to the availability of the relevant PCS and port systems.

The Service is available seven days a week, in accordance with the current offering published on the website.

§5. Liability

The Service Provider is not liable for the consequences of the Client supplying incorrect or incomplete data.

The Service Provider is not liable for delays resulting from the operation of Port Community Systems, customs authorities or any other third parties beyond the Service Provider’s control.

§5a. Limitation of liability

The Service Provider is liable solely for the proper performance of the technical and administrative acts described in §2, subject to professional due diligence.

The Service Provider shall in particular not be liable for:

• any customs debt, excise duty, import VAT or any other public-law charges arising from the export transaction — sole liability rests with the Client as declarant and exporter (Articles 77 and 84 of the Union Customs Code);
• consequences of the Client providing inaccurate, incomplete, outdated or unverified data, including consequences of incorrect tariff classification, customs value or MRN;
• delays or errors resulting from acts or omissions of the Port Community Systems, customs authorities, port terminals, carriers, freight forwarders or any other third party;
• the refusal by a customs office to generate or transmit the CC599C / IE599 message, where such refusal results from circumstances beyond the Service Provider’s control;
• indirect damages, lost profits, loss of business, loss of reputation, contractual penalties imposed on the Client by its counterparties, or the costs of administrative or judicial proceedings related to the export transaction;
• the consequences of the Client’s breach of sanctions or export control legislation.

Caps. The Service Provider’s aggregate liability per order, regardless of the legal basis of the claim, shall be capped at ten times the net fee charged for that order. The Service Provider’s aggregate liability across all clients and all orders in any rolling twelve-month period shall not exceed EUR 25,000. These caps do not apply to damage caused by the Service Provider’s wilful misconduct or gross negligence.

Notice of claim. The Client shall notify the Service Provider in writing (email is permitted) of any claim within 14 days of becoming aware of the event giving rise to it, failing which the right to pursue the claim shall be forfeited.

§6. Prices and payment

Current prices are published on the website under the Pricing section. Payments are settled on the basis of VAT invoices issued for completed orders or within the scope of a monthly package.

§7. Complaints

Complaints regarding the Services should be sent to support@closemrn.com.

The Service Provider reviews complaints within 14 business days of receipt.

§8. Electronic contract formation

These Terms are presented to the Client before the conclusion of the agreement. By clicking “I accept” and submitting the registration form, the Client concludes a contract by electronic means. The Client may correct input errors before submission. Upon registration, the Service Provider sends a confirmation email containing the text of the Terms in the version accepted. The language of the contract is English.

Article 25(1) of Regulation (EU) No 910/2014 (eIDAS) applies to electronic acceptance; such acceptance has full legal effect as between the parties.

§9. Governing law and disputes

These Terms are governed by Polish law. Matters not regulated herein are governed by the applicable provisions of Union law and Polish law.

Any disputes arising out of or in connection with these Terms shall be submitted to the court having territorial jurisdiction over the registered seat of the Service Provider. The Service Provider does not participate in alternative dispute resolution procedures under Directive 2013/11/EU, as the Service is provided on a business-to-business basis only.

§10. Final provisions

These Terms enter into force on 12 April 2026.

The Service Provider reserves the right to amend these Terms, giving Clients at least 14 days’ prior notice by email. Continued use of the Service after the effective date of an amendment constitutes acceptance of the amended Terms.