Konexit Fleet Ltd - Terms and Conditions

These Terms and Conditions (the “Terms”) govern the provision of telematics 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. Contract Formation & Priority

The Contract shall come into effect on the Commencement Date, being the date of the first use of the Services, the date of first payment, or the date of signature of these Terms, whichever occurs first. In the event of a conflict, the following order of precedence shall apply: (a) Sales Order Confirmation; (b) Charges Schedule; (c) these Terms.

2. Supplier Responsibilities

Konexit Fleet Ltd shall provide the Services with due care and skill, grant access to data reports via its portal, and issue secure login credentials for access to the Services.

3. Customer Obligations

You shall follow installation and operating instructions, ensure login details remain confidential, and use SIMs solely in connection with Konexit Fleet Ltd hardware and Services for transmitting vehicle location and usage data.

4. Installation

Konexit Fleet Ltd or its authorised agents may carry out hardware installations. You must confirm functionality within 14 days of installation or delivery and promptly notify us of any issues.

5. Data Access & Availability

Telematics data availability depends on mobile network and GPS coverage, and Konexit Fleet Ltd cannot be held responsible for disruptions beyond its control.

6. Hardware Ownership & Replacement

Unless purchased outright, hardware shall remain the property of Konexit Fleet Ltd. Defective hardware reported within 14 days may, at our discretion, be repaired or replaced.

6A. Customer Self-Installation & Return-to-Base Warranty

6A.1
Where the Customer elects to install hardware themselves 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 a period of twelve (12) months from the original date of purchase.

6A.2
Under the return-to-base warranty, Konexit Fleet Ltd shall, at its discretion, repair or replace any hardware proven to be defective due to manufacturing faults, provided that the hardware has been installed, used and maintained in accordance with Konexit Fleet Ltd’s instructions.

6A.3
The return-to-base 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.

6A.4
The Customer shall be responsible for all postage, packaging and delivery costs associated with returning hardware to Konexit Fleet Ltd under the return-to-base warranty. Konexit Fleet Ltd shall bear the cost of returning repaired or replacement hardware to the Customer unless otherwise agreed.

6A.5
Hardware returned without prior authorisation or outside the warranty period may be rejected or returned to the Customer at the Customer’s expense.

7. Charges & Payment

Invoices are due within 14 days unless otherwise agreed. Konexit Fleet Ltd may increase prices annually with not less than 28 days’ notice. Interest on late payments may be charged at 4% per annum above the Bank of England base rate.

8. Intellectual Property & Data Use

Konexit Fleet Ltd retains all intellectual property rights in its Services and associated materials. You retain ownership of data provided by you. Konexit Fleet Ltd may use anonymised data for analysis and service improvement.

9. Confidentiality & Data Protection

Both parties agree to maintain confidentiality for three years after contract termination. Personal Data shall be processed in compliance with UK data protection law. Konexit Fleet Ltd acts as a Data Processor and shall implement appropriate technical and organisational measures to protect data.

10. Term & Termination

Contracts shall run for the Initial Term and automatically renew unless terminated by giving at least 28 days’ notice prior to renewal. Konexit Fleet Ltd may terminate the Contract early if you fail to pay sums due or breach these Terms.

10A. Contract Duration, Volumes and Minimum Commitment

10A.1
Where the Customer enters into a contracted agreement for a fixed term (the “Initial Term”), the Contract shall run for the full agreed Initial Term and may not be terminated for convenience by the Customer prior to the expiry of that Initial Term.

10A.2
The agreed quantity and type of Services, including but not limited to the number of telematics units, dash cameras, SIMs, licences or related hardware (the “Agreed Volume”), shall be set out in the applicable Sales Order Confirmation or Charges Schedule and shall form part of the Contract.

10A.3
The Customer commits to the Agreed Volume for the full duration of the Initial Term and any renewal term. The Customer acknowledges that the pricing is based on this minimum commitment.

10A.4
The full charges relating to the Agreed Volume shall be payable for the entire duration of the Initial Term and any renewal term, regardless of whether the Customer:

  • reduces fleet size,

  • ceases to use all or part of the Services, or

  • removes, disconnects, or stops using any telematics devices or dash cameras.

10A.5
Early termination of the Contract by the Customer, or reduction of the Agreed Volume during the Initial Term, shall not release the Customer from its obligation to pay all remaining charges due for the balance of the Initial Term.

10A.6
Any agreed changes to the Agreed Volume or contract duration must be confirmed in writing by Konexit Fleet Ltd and shall not take effect unless expressly agreed by both parties.

11. Limitation of Liability

Konexit Fleet Ltd shall not be liable for indirect or consequential losses.

12. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

13. Charges for Missed Appointments and Non-Returned Devices

13.1
Where an installation appointment has been scheduled with Konexit Fleet Ltd or its authorised agents, the Customer must provide not less than the minimum notice period specified on our website to cancel or reschedule the appointment.

13.2
Missed installation appointments, or cancellations made outside of the required notice period (“Late Cancellations”), shall be charged at the applicable rates as highlighted at the following link:

https://konexit.co.uk/index.php/telematics-charges/

13.3
Such charges reflect the costs incurred by Konexit Fleet Ltd, including engineer time, travel, and administrative expenses, and shall be payable in accordance with Clause 7 (Charges & Payment).

13.4
Konexit Fleet Ltd reserves the right to update the applicable charges from time to time by updating the information at the above link.