Konexit Fleet Ltd – Terms and Conditions

These Terms and Conditions (the “Terms”) govern the provision of telematics, vehicle tracking, mobile application, and related services by Konexit Fleet Ltd (Company Registration No. 15687403), with its trading address at Dol y Felin, Penegoes, SY20 8UN (“Konexit Fleet Ltd”, “we”, “us” or “our”) to the customer (“Customer”, “you” or “your”).

1. Definitions and Interpretation

1.1 In these Terms, unless the context otherwise requires, the following words shall have the following meanings:

  • “Agreed Volume” means the quantity and type of Services, hardware, licences, SIMs, or devices agreed in the applicable Sales Order Confirmation or Charges Schedule.

  • “Billing Cycle” means the recurring billing period agreed with the Customer (monthly unless otherwise stated).

  • “Charges Schedule” means the pricing schedule issued by Konexit Fleet Ltd from time to time.

  • “Commencement Date” means the date on which the Contract comes into effect in accordance with Clause 2.

  • “Contract” means the agreement between the parties formed in accordance with these Terms.

  • “Customer Self-Installation” has the meaning given in Clause 7A.1.

  • “Initial Term” means the fixed minimum contractual term agreed with the Customer, where applicable.

  • “Pay As You Go” means Services provided on a rolling subscription basis without a fixed minimum term.

  • “Sales Order Confirmation” means the written confirmation issued by Konexit Fleet Ltd setting out the agreed Services.

  • “Services” means the telematics, vehicle tracking, mobile application, data reporting, and related services provided by Konexit Fleet Ltd.

1.2 Headings are for convenience only and shall not affect interpretation.

2. Contract Formation & Priority

2.1 The Contract shall come into effect on the Commencement Date, being the earliest of:
(a) the date of first use of the Services;
(b) the date of first payment; or
(c) the date of acceptance or signature of these Terms.

2.2 In the event of any conflict or inconsistency, the following order of precedence shall apply:
(a) Sales Order Confirmation;
(b) Charges Schedule;
(c) these Terms.

3. Supplier Responsibilities

3.1 Konexit Fleet Ltd shall provide the Services with reasonable care and skill.

3.2 Konexit Fleet Ltd shall provide access to telematics data and reports via its online portal and issue secure login credentials to enable access to the Services.

4. Customer Obligations

4.1 The Customer shall comply with all installation, operating, and usage instructions provided by Konexit Fleet Ltd.

4.2 The Customer shall ensure that login credentials remain confidential and secure.

4.3 SIM cards supplied as part of the Services must be used solely in connection with Konexit Fleet Ltd hardware and for the purpose of transmitting telematics data.

4.4 The Customer is solely responsible for maintaining its own backups and records of any data, reports, exports or information obtained through the Services. Konexit Fleet Ltd shall not be responsible for the retention, preservation or recovery of Customer data.

5. Installation

5.1 Hardware installation may be carried out by Konexit Fleet Ltd or its authorised agents.

5.2 The Customer must confirm hardware functionality within fourteen (14) days of installation or delivery and notify Konexit Fleet Ltd promptly of any faults or issues.

6. Data Access, Availability and Telematics Limitations

6.1 Telematics data availability depends on GPS signal reception, mobile network coverage, third-party infrastructure, environmental conditions, and correct installation and use of hardware. Konexit Fleet Ltd does not guarantee uninterrupted, real-time, complete, or error-free data.

6.2 All location data, vehicle status information, alerts, and reports are indicative only and should not be relied upon as definitive or precise records.

6.3 The Services are not intended for use in safety-critical, emergency, or life-preserving situations and must not be relied upon as a sole means of theft recovery, emergency response, driver safety monitoring, or regulatory compliance.

6.4 Konexit Fleet Ltd shall not be responsible for failures or delays caused by factors outside its reasonable control, including failures of mobile networks, GPS systems, hosting providers, hardware manufacturers, or third-party service providers.

7. Hardware Ownership & Rental Devices

7.1 Unless purchased outright, all hardware shall remain the property of Konexit Fleet Ltd.

7.2 Defective hardware reported within fourteen (14) days of delivery or installation may, at Konexit Fleet Ltd’s discretion, be repaired or replaced.

7.3 Rental Devices
Where any tracking device, dashcam device, or related equipment (“Device”) is supplied under a rental agreement, such Device shall remain the sole property of Konexit Fleet Ltd at all times, including following termination of the rental agreement for any reason.

7.4 Return Obligations
Upon termination of the rental agreement, contract end, account stop, customer termination, or termination by Konexit Fleet Ltd, the Customer must return all Devices to Konexit Fleet Ltd:

(a) For rental agreements: within fourteen (14) days of the termination notice;
(b) For all other Devices: within thirty (30) days of termination or end of warranty.

7.5 Shipping and Risk
All Devices must be returned using a tracked and adequately insured delivery service. Risk of loss, theft, or damage remains with the Customer until Devices are safely received by Konexit Fleet Ltd. Konexit Fleet Ltd shall not be responsible for Devices lost, stolen, or damaged in transit.

7.6 Charges for Non-Return or Damage
If any Device is not returned within the applicable period, or is returned damaged beyond fair wear and tear, the Customer shall pay the following fees in addition to any administrative costs incurred in recovering the Device:

  • Tracking devices: £40 + VAT per Device

  • Dashcams: £135 + VAT per Device

Konexit Fleet Ltd reserves the right to take all steps necessary to recover its property, including collection or legal action.

7A. Customer Self-Installation & Return-to-Base Warranty

7A.1 Where the Customer elects to self-install hardware or uses a third-party installer not authorised by Konexit Fleet Ltd (“Customer Self-Installation”), the hardware shall be covered by a return-to-base warranty for twelve (12) months from the original date of purchase.

7A.2 The warranty does not cover faults or damage arising from incorrect installation, misuse, neglect, accidental damage, unauthorised modification, power supply issues, or fair wear and tear.

7A.3 The Customer is responsible for all costs associated with returning hardware. Konexit Fleet Ltd shall bear the cost of returning repaired or replacement hardware unless otherwise agreed.

7B. Authority to Use Telematics Services

7B.1 The Customer warrants that it owns the vehicles being tracked or has lawful authority to install telematics devices and use the Services.

7B.2 The Customer is solely responsible for compliance with all applicable laws relating to vehicle tracking, employee or driver monitoring, data protection, privacy, and employment law.

7B.3 Konexit Fleet Ltd shall have no liability arising from the Customer’s failure to obtain appropriate authority or comply with applicable laws.

8. Charges & Payment

8.1 Invoices are payable within fourteen (14) days of the invoice date unless otherwise agreed in writing.

8.2 Interest on overdue amounts may be charged at four percent (4%) per annum above the Bank of England base rate, accruing daily until payment is made in full.

8.3 The Customer shall reimburse Konexit Fleet Ltd for all reasonable costs incurred in recovering overdue amounts, including debt collection fees, legal costs, court fees, enforcement costs and solicitor costs on a full indemnity basis.

8.4 Konexit Fleet Ltd may suspend access to the Services immediately where any invoice remains unpaid after its due date. Suspension shall not relieve the Customer of its obligation to pay Charges and Charges shall continue to accrue during any period of suspension.

8.5 Konexit Fleet Ltd shall not be liable for any loss, damage, business interruption or other consequences arising from suspension of the Services due to Customer non-payment.

9. Intellectual Property & Data Use

9.1 All intellectual property rights in the Services remain the property of Konexit Fleet Ltd.

9.2 The Customer retains ownership of data provided by it.

9.3 Konexit Fleet Ltd may use anonymised and aggregated data for analysis and service improvement.

10. Confidentiality & Data Protection

10.1 Each party shall keep confidential all confidential information for three (3) years following termination.

10.2 Personal data shall be processed in accordance with UK data protection law.

10.3 Konexit Fleet Ltd acts as a data processor unless otherwise agreed.

11. Term, Renewal and Termination

11.1 The Contract shall commence on the Commencement Date and continue for the Initial Term where applicable, or otherwise on a rolling basis.

11.2 Contracts shall automatically renew unless terminated in accordance with these Terms.

 

11.3 Konexit Fleet Ltd may suspend or terminate the Services immediately for non-payment, material breach or any other breach of these Terms. Suspension shall not suspend billing and the Customer shall remain liable for all Charges during any period of suspension. Suspension or termination pursuant to this Clause shall not give rise to any claim for compensation, loss of business, loss of profits or other damages.

 

11A. Contract Duration, Volumes and Minimum Commitment

11A.1 Where a fixed Initial Term applies, the Contract shall run for the full Initial Term and may not be terminated for convenience.

11A.2 The Customer commits to the Agreed Volume for the full Initial Term and any renewal term.

11A.3 Charges remain payable regardless of reduced usage, fleet size reduction, or device removal.

11B. Cancellation and Notice

11B.1 Pay As You Go
A minimum notice period of two (2) billing cycles applies. Services and charges continue during notice.

11B.2 Fixed-Term and Lease
The full contractual term must be completed. A minimum of two (2) billing cycles’ notice must be given prior to the end of the term.

11B.3 Outstanding charges remain payable.

12. Limitation of Liability

 

12.1 Nothing in these Terms shall exclude or limit either party's liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any liability which cannot lawfully be excluded or limited under applicable law.

12.2 Subject to Clause 12.1, Konexit Fleet Ltd shall not be liable for any:

(a) loss of profit;

(b) loss of revenue;

(c) loss of business;

(d) loss of contracts;

(e) loss of goodwill;

(f) loss of anticipated savings;

(g) loss of opportunity;

(h) loss of data;

(i) loss arising from business interruption;

(j) loss of use; or

(k) indirect, consequential, incidental or special losses; and

(l) loss of customers,

whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.

12.3 The Customer acknowledges and agrees that:

(a) telematics data, GPS positioning, diagnostics, alerts, reports, vehicle status information and related data may be delayed, unavailable, incomplete or inaccurate;

(b) the Services rely upon third-party telecommunications networks, GPS systems, satellite infrastructure, internet connectivity, cloud services, hosting providers, software providers and other third-party systems outside the reasonable control of Konexit Fleet Ltd;

(c) the Services are provided as an operational aid only and are not intended to be relied upon as the sole means of theft recovery, vehicle security, fleet management, driver monitoring, emergency response, legal compliance or regulatory compliance.

(d) data stored within the Services, mobile applications, cloud infrastructure or customer accounts may be deleted, corrupted, lost, delayed, inaccessible or unavailable due to system failures, software defects, user actions, third-party failures, cyber incidents, maintenance activities or circumstances beyond the reasonable control of Konexit Fleet Ltd.

(f) loss, corruption, deletion, inaccessibility or unavailability of data stored within the Services, mobile application, customer portal or associated cloud infrastructure.

 

12.4 Konexit Fleet Ltd does not guarantee:

(a) uninterrupted availability of the Services;

(b) continuous transmission of telematics data;

(c) the accuracy or completeness of any data provided;

(d) the prevention of theft, damage, misuse or unauthorised use of any vehicle or asset; or

(e) the recovery, location, tracking or protection of any stolen vehicle, trailer, plant, machinery, equipment or other asset.

 

12.5 Konexit Fleet Ltd shall not be liable for any loss arising from:

(a) inaccurate, delayed, incomplete or unavailable telematics data;

(b) theft, vandalism, criminal damage, vehicle crime or unauthorised use of any vehicle or asset;

(c) interruption, suspension or degradation of the Services caused by third-party telecommunications providers, mobile network operators, internet service providers, hosting providers, software vendors, cloud infrastructure providers, GPS systems or satellite services;

(d) Customer actions, omissions or decisions made in reliance upon the Services or any information supplied through the Services;

(e) suspension of the Services due to non-payment, breach of contract or any lawful exercise of Konexit Fleet Ltd's rights under these Terms.

12.6 Subject to Clause 12.1, the total aggregate liability of Konexit Fleet Ltd arising out of or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of:

(a) the total Charges paid by the Customer during the twelve (12) months immediately preceding the event giving rise to the claim; or

(b) £1,000.

12.7 All warranties, conditions and representations implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.

12.8 The Services are provided on an "as available" and "as provided" basis. Konexit Fleet Ltd does not warrant that the Services will be uninterrupted, error-free, continuously available or suitable for any particular purpose.

12.9 The Customer acknowledges that no telematics, tracking, monitoring or vehicle security system can guarantee the prevention of theft, loss, damage, misuse or criminal activity.

12.10 No claim may be brought against Konexit Fleet Ltd more than twelve (12) months after the Customer became aware, or ought reasonably to have become aware, of the circumstances giving rise to the claim.

12.11 The Customer shall notify Konexit Fleet Ltd in writing of any claim within thirty (30) days of becoming aware of the circumstances giving rise to the claim.

 

 

13. Governing Law & Jurisdiction

These Terms shall be governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

14. Charges for Missed Appointments and Non-Returned Devices

14.1 Missed or late-cancelled installation appointments may be charged in accordance with published rates at:
https://konexit.co.uk/index.php/telematics-charges/

14.2 Konexit Fleet Ltd may update such charges by updating the above link.

 

Price Changes

14A. Price Changes

14A.1 Konexit Fleet Ltd reserves the right to review and amend its Charges, Subscription Fees, Service Fees, Installation Fees and any other recurring or one-off charges at any time.

14A.2 Konexit Fleet Ltd may review and increase Charges annually on or after each anniversary of the Commencement Date.


14A.3 Konexit Fleet Ltd may also increase Charges at any time where:


(a) supplier, telecommunications, hosting, software licensing, insurance, labour, fuel, transport or operational costs increase;


(b) taxation, regulatory costs or statutory obligations increase;


(c) inflationary pressures occur, including increases in the Consumer Prices Index (CPI), Retail Prices Index (RPI) or any replacement index; or


(d) enhancements, additions or improvements are made to the Services.


14A.4 Unless otherwise agreed in writing, continued use of the Services following the effective date of a revised Charges Schedule shall constitute acceptance of the revised Charges.

14A.5 Any revised Charges Schedule published by Konexit Fleet Ltd or otherwise notified to the Customer shall replace all previous pricing arrangements from the effective date specified.

14A.6 Where the Customer is subject to a minimum contractual term, Konexit Fleet Ltd may increase Charges during that term where supplier, network, licensing or regulatory costs materially increase and such increase is reasonably necessary to maintain provision of the Services.

 

15. Force Majeure

 

15.1 Konexit Fleet Ltd shall not be liable for any delay, interruption or failure to perform its obligations where such delay, interruption or failure results from circumstances beyond its reasonable control.

 

15.2 Such circumstances include, without limitation:

 

(a) acts of God;

 

(b) flood, fire, storm or natural disaster;

 

(c) war, terrorism, civil unrest or riot;

 

(d) industrial disputes or labour shortages;

 

(e) failure of telecommunications networks, internet services, GPS systems, satellite services or mobile network operators;

 

(f) failure of utility services;

 

(g) cyber-attacks, ransomware incidents or malicious third-party acts;

 

(h) acts or omissions of suppliers, subcontractors or service providers;

 

(i) changes in law or governmental action.

 

15.3 During any Force Majeure Event, Konexit Fleet Ltd's obligations shall be suspended for the duration of the event.