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 6A.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.

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 & Replacement

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.

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 unless otherwise agreed in writing.

8.2
Konexit Fleet Ltd may increase prices annually by giving not less than twenty-eight (28) days’ notice.

8.3
Interest on overdue amounts may be charged at four percent (4%) per annum above the Bank of England base rate.

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 or material breach. Suspension does not suspend billing.

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
Konexit Fleet Ltd shall not be liable for indirect or consequential losses, loss of profits, data, or business opportunity.

12.2
Konexit Fleet Ltd shall not be liable for losses arising from inaccurate telematics data, theft, misuse, service interruptions, or decisions based on the Services.

12.3
Nothing in these Terms limits liability that cannot lawfully be excluded.

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.