Connected Vehicle Solutions Ltd Terms and Conditions for the
Connected Vehicle Solutions Ltd Terms and Conditions for the Supply of Vehicle Telematics & Camera Solutions
Definitions
The following definitions apply to these terms and conditions:
“Vehicle Telematics” “the Service” or “Vehicle Tracking” “Dashcams” or MDVRS” is the GPRS data transmission and the hosted internet based web management facility to include the standard features, reporting and customer alerts
“Agreement” is the Connected Vehicle Solutions Ltd Agreement overleaf, of which these terms and conditions form part
“Customer” is the person(s) or corporate body named on the official sales order confirmation “Connected Vehicle Solutions Ltd” is the brand name for the Vehicle Telematics System offered by Connected Vehicle Solutions Ltd, company number 015503902, registered office, 12 Manvers House Pioneer Close, Wath-Upon-Dearne, Rotherham, England, S63 7JZ
“Equipment” the equipment used by the customer in connection with Connected Vehicle Solutions Ltd System.
1. Fleet Management Services
Connected Vehicle Solutions Ltd agrees to provide Vehicle Telematics and the Customer agrees, for itself, and on behalf of persons authorised by the Customer, to utilise the Vehicle Telematics System on these terms and conditions. Connected Vehicle Solutions Ltd may appoint third party organisations or individuals to promote the Vehicle Telematics System and to assist in the administration process of customers entering this agreement.
2. Liabilities
Connected Vehicle Solutions Ltd shall not be liable to the Customer (whether in tort, contract, negligence, under indemnity or otherwise) for any direct or indirect loss of revenues, profits, contracts, business, anticipated savings or other economic loss, or for any special, indirect or consequential losses. Connected Vehicle Solutions Ltd does not warrant that the Products are fit for any particular purpose, nor that that the Services will be without disruption, nor that any reports, data or information provided as part of the Services will be free from errors, omissions, inaccuracies or nonconformities, and Connected Vehicle Solutions Ltd shall have no liability or obligation to the Customer in this respect. Connected Vehicle Solutions Ltd makes no warranty for the security or integrity of any connection or transmission used in the provision of the Services. Connected Vehicle Solutions Ltd shall not be liable for and provides no warranty for any damage caused by the Customer or his representative or any unauthorised 3rd party through incorrect installation, use, modification or repair of the Products, nor for any accidental or
other damage
3. Provision of and use of the service
Installation of vehicle tracking units is acceptance of these terms and conditions in full.
Service is not fault free and it may be impaired by geographical, atmospheric or other conditions or circumstances beyond our control and you will be entitled to the quality of service generally provided by a competent vehicle tracking service provider.
If you require email updates, it is a requirement of this service that you provide us with a current email address and that you maintain this address and advise us promptly of any changes to it. It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving emails unless caused by our negligence.
4. Installations
Connected Vehicle Solutions Ltd’s approved installers will do their best to install the equipment within 2 weeks of your order being received. In the unlikely event of delay, Connected Vehicle Solutions Ltd will accept no liability for consequences or costs incurred by any such delay. If an installation or service call is booked and we are not given 48 hours’ notice to cancel a charge of £75.00 plus VAT will be applicable for each vehicle not available. Any
5. Charges for Service
We reserve the right to make a charge for our reasonable administration costs which we incur in the case of late payment or non-payment of charges. Without prejudice to the foregoing, if the Customer cancels a direct debit or fails to settle their bull by BACs without our written authorisation then an administration fee of £25.00 will be payable by the Customer. This direct debit will then be reinstalled to collect all invoice charges for any missing and future payments that become payable without notice. The Customer must keep a direct debit in place for the full term of the contract and until all final invoice charges for the contract have been collected. You are liable for all charges arising under this agreement whether incurred by you or anyone else using the Connected Vehicle Solutions Ltd system (with or without your knowledge). By signing any agreement for the provision of Connected Vehicle Solutions Ltd Vehicle Tracking system you agree to Connected Vehicle Solutions Ltd’s full terms and conditions.
6. Invoice Charges
For lease customers, outright purchase customers, all-inclusive customers, data only customers, rental customers and payg customers, all invoices must be paid within 14 days of the invoice date. We do not offer credit terms.
7. Length of Agreement (Lease/Rental/All- inclusive/Outright Purchase Data Only Contracts)
We agree subject to acceptance by us of an order, to supply you with the services and equipment specified in the signed agreement subject to the terms and conditions of this agreement, and payment of the charges. Any alternative terms appearing on or referred to in any other communication (whether oral, in writing or by electronic means) by you for the purpose of placing orders shall be ineffective. This agreement commences, following acceptance of your application by Connected Vehicle Solutions Ltd, on the day the first installation takes place. Written notice to terminate the contract agreement at the end of the agreement period must be received 1 month prior to the contract end date. Notice to terminate your contract agreement at the end of your contract must be in writing and delivered by hand or sent by registered post to us at 12 Manvers House Pioneer Close, Wath-Upon-Dearne, Rotherham, England, S63 7JZ The notification must contain full details of all the devices to be disconnected, account holder signature and date. If no written confirmation is received within 1 month of the original contract end date the contract agreement will automatically renew for a further 12 months.
unit that is removed will either be left on site or shipped back for reinstall at a later date at a cost of £25 + VAT.
All goods provided under your signed contract agreement remain the property of Connected Vehicle Solutions Ltd and must be kept in your possession at all times. These goods must be returned at the end of the contract in good working order otherwise we reserve the right to charge for them at the Connected Vehicle Solutions Ltd applicable rate. There will be an end of contract deinstallation charge at the Connected Vehicle Solutions Ltd applicable rate for each deinstall at the end of the contract which must be paid directly to Connected Vehicle Solutions Ltd prior to the de-installation being arranged if you require the services of our appointed engineers. Any unit that is removed will be left on site and must be returned to us at your own expense. You are free to remove the units yourself and return them and a decommissioning and testing charge will be applicable at the Connected Vehicle Solutions Ltd applicable rate. Any damaged or non-returned units, aerials or wiring will be charged at the Connected Vehicle Solutions Ltd applicable rate. Monthly charges will continue to be payable in full until the units have been returned.
7. Length of Agreement (PAYG)
We agree subject to acceptance by us of an order, to supply you with the services and equipment specified in the signed agreement subject to the terms and conditions of this agreement, and payment of the charges. Any alternative terms appearing on or referred to in any other communication (whether oral, in writing or by electronic means) by you for the purpose of placing orders shall be ineffective. This agreement commences, following acceptance of your application by Connected Vehicle Solutions Ltd, on the day the first installation takes place. Written notice to terminate the contract agreement at the end of the agreement period must be received 1 month prior to the contract end date. Notice to terminate your contract agreement at the end of your contract must be in writing and delivered by hand or sent by registered post to us at 12 Manvers House Pioneer Close, Wath-Upon-Dearne, Rotherham, England, S63 7JZ The notification must contain full details of all the devices to be disconnected, account holder signature and date. If no written confirmation is received within 1 month of the original contract end date the contract agreement will automatically renew for a further 6 months.
The sim card installed into the unit remains the property of Connected Vehicle Solutions Ltd and must be kept in your possession at all times. There will be a charge of £30.00 plus VAT following contract termination to disconnect each sim.
9. Equipment & Repair
The hardware equipment must be installed only by a qualified fitter approved by Connected Vehicle Solutions Ltd. Should the customer or a person appointed by the customer carry out the installation this will void any warranty on the vehicle tracking unit, Dashcam, MDVR. If within the first 30 days of the fault occurring, a service charge will be payable for our engineers to attend site.
Subject to these terms and conditions, if a fault occurs in the Equipment during the 24-month period following installation we will arrange a service call and either repair or replace the unit. Any visit and necessary repair outside of these timescales will be charged at the Connected Vehicle Solutions Ltd applicable rate. The right of repair does not apply if you or anyone else (with or without your knowledge) damages /tampers with the equipment. Your acceptance of the equipment shall take place once the system is installed into your vehicle. We do not monitor each device therefore if a unit is defective and is not reported the event that installation is carried out by the Customer or a person appointed by the Customer, Connected Vehicle Solutions Ltd shall not be liable for any loss or damage whatsoever, arising directly or indirectly, as a result of any negligence or failure to follow Connected Vehicle Solutions Ltd written instructions in installing the Products.
10. Your Responsibilities
You must use your tracking/ camera system, SIM card and the service in the way described in the User Guides or other instructions issued by an employee of Connected Vehicle Solutions Ltd. You do not have the authorisation to change the IP address programmed into the tracking / camera devices. In such an event the device will immediately be reprogrammed to the original IP address. Users will be liable for administration and service charges for time and labour incurred as a result of an unauthorised reprogramming.
11. Data Roaming
Vehicle tracking /camera’s are for the UK only. We do offer data roaming as an additional cost (please state which country the vehicle will be visiting. We also have the ability to switch off your vehicle tracking if you are travelling abroad which will ensure no extra charges are incurred. Please inform us prior to taking your vehicle out of the UK. If your vehicle does travel outside of the UK, Connected Vehicle Solutions Ltd will not be responsible for any additional data roaming charges incurred. Any data roaming charges will be the responsibility of the customer and must be paid immediately.
12. Information Provided
All information provided by the Connected Vehicle Solutions Ltd Vehicle Tracking system is for guidance only. Strength of GPS signal, geographical conditions and total loss of signal (bounced signals) will affect the information provided for mileage, position of vehicle, speed of vehicle (list not exhaustive) and therefore, this information should not be used to calculate wages or for disciplinary purposes. Again, all reports produced by the Connected Vehicle Solutions Ltd Vehicle Tracking / camera system are for guidance only.
13. Continuation of Agreement
This agreement and the obligation of the Customer to pay charges shall not be affected by (i) loss or theft of Equipment and or (ii) any damage, or repairs needed to, or maintenance of the Equipment. The customer agrees that they shall continue to pay all Connected Vehicle Solutions Ltd charges and connection charges and all future sums that would have been payable during the term of this agreement in relation to any lost, stolen or equipment damaged beyond repair.
14. Alterations and Extensions
The customer undertakes that neither they nor any other person shall carry out repairs to, adapt, test, make additions or attachments or otherwise alter the Equipment whilst this agreement is in force.
15. Terms of the Agreement
Nothing in this Agreement shall create or be deemed to create a partnership between parties. If any of the provisions of this agreement is or becomes invalid, illegal or unenforceable, the validity or enforceability of the remaining provisions shall not in any way be affected or impaired.
16. Master Agreement
By signing any Connected Vehicle Solutions Ltd agreement or making payment of a pro-forma invoice, you agree that this Agreement applies to all and any device(s) which connect to the Connected Vehicle Solutions Ltd system and that our full terms and conditions apply. You may provide a written instruction by Purchase Order, on your authorised company headed paper to add further devices. All such devices will be deemed to form part of this agreement and you will be bound by all the conditions of this agreement for such devices. Payment for any such further devices will be collected monthly by BACS / Direct Debit unless otherwise agreed. Once you connect or arrange to have a device connected onto the Connected Vehicle Solutions Ltd Vehicle Tracking System it will be deemed that you have expressively agreed to the device(s) forming part of these contract terms and to be bound by the full terms of this agreement.
17. Early Termination
Once the Connected Vehicle Solutions Ltd vehicle tracking system has been installed, you are agreeing to keep the system installed for the period of time specified in your contract. We do not offer an option for early termination and all charges that would be due for the full contract will still be payable.
18. Removal of Units
Connected Vehicle Solutions Ltd do not accept any responsibility for any damage/holes left after the removal of ancillary items such as panic buttons, driver ID fobs, buzzers etc. The customer must be aware that, due to the nature of the products, it is imperative to cut into the dashboard to fit these items and that the removal of such items will leave evidence of the installation.
19. Contract Termination
If no written notice is received 1 month prior to the contract end date the contract will automatically renew at your current monthly charge rate for a further 12 months. If notice has been given and you wish to have the Connected Vehicle Solutions Ltd vehicle tracking / camera system removed at the end of your contract by our engineers an end of contract deinstallation fee at Connected Vehicle Solutions Ltd’s applicable rate will be payable in advance. Monthly charges will continue to be payable to cover any notice period and until the unit is returned to Connected Vehicle Solutions Ltd. Should you wish to remove the tracking unit yourself you will need to return the kit to Connected Vehicle Solutions Ltd in full working order. All self-removed kits will be tested and a decommissioning and testing fee will be charged per unit at Connected Vehicle Solutions Ltd’s applicable rate. Any damaged or missing aerials, wiring or units will be charged at the Connected Vehicle Solutions Ltd applicable rate.
You will need to agree either the continuation of your contract or the deinstallation and return of your vehicle tracking units prior to the end date of your current contract, if no written notice is received your contract will automatically continue at Connected Vehicle Solutions Ltd’s applicable rate for a further 12 months.
20. Non-payment
If you fail to make payment for 3 consecutive months, we will deem that the contract has been breached, and invoices will be raised for the remainder of the contract period. We will also deem that no goods provided on a rental or lease basis will be returned and you have chosen to keep them, an invoice will be raised at Connected Vehicle Solutions Ltd’s applicable rate for non-returned units.
We reserve the right to issue court proceedings should no payments for outstanding invoices be received.
21. Applicable charge rates (exclusive of VAT)
Deinstall
Reinstall
De/reinstall (same day/same site)
Installation cancellation fee
Service Calls
End of contract deinstall
Damaged/lost wiring
Damaged/Lost aerials
Lost/Sold/non-returned tracking unit
Lost/Sold/non-returned Dashcam unit
Lost/Sold/non-returned MDVR unit
End of contract decommissioning/testing charge Sim disconnection fee
Direct debit cancellation fee
22. Limitation of Liability
£149.99 £149.99 £149.99 £75.00 £149.99 £149.99 £55.00 £35.00 £195.00 £395.99 £599.99 £65.00 £30.00 £25.00
The Customers attention is specifically drawn to the provisions of this condition which limits the liability of Connected Vehicle Solutions Ltd.
23. Changes
These terms and conditions are subject to change at any time. Any changes will be posted on our website, www.connectedvehiclesolutions.co.uk
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