Terms and Conditions

  1. Definitions and Interpretation

1.1 In These Terms

Additional Charges means the charges set out in the Charges Schedule;

Affiliates means with respect to any party, any other entity controlling, controlled by or under common control with such party. The terms “control”, “controlling” and “controlled”, as used in this definition shall mean the legal, beneficial or equitable ownership, directly or indirectly, of more than 50% of the issued share capital or more than 50% of the voting rights, or the power, directly or indirectly, to appoint a member of the board of directors or similar governing body of such entity;

Agreement means these Terms and Conditions of Supply;

Confidential Information means information of commercial, proprietary or other value disclosed by one Party to the other Party which is identified as confidential or might reasonably be considered to be confidential and that has not come into the public domain or been independently developed;

Charges Schedule means the charges set out at https://www.kinesisfleet.com/charges/

Commencement Date The earlier of (a) the customer using the service or (b) seven (7) days from the date the Supplier dispatched the Hardware;

Contractmeans a contract between the Parties for the sale of Products, or provision of the right for the Customer to use for the duration of a Services Contract the Products and licence (as applicable) of Products and/ or licence (as applicable) any of the Products provided by the Supplier and/or for the Services entered into between the Customer and Supplier in accordance with clause 3;

Customer means the entity purchasing, acquiring the right to use and/or licence the Products provided by the Supplier and/or is the purchaser of Services, as applicable;

Data Reportsmeans visual and other representations of telematic data accessible through the Website;

Firmware means the Supplier’s proprietary tracking unit management and control software;

Fleet means the vehicles, assets or personas to be tracked or traced via the Services;

Force Majeure Event means an event, or a series of related events, that is outside the reasonable control of the Party affected (including power failures, industrial disputes, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

Hardware means vehicle telematics units and associated peripherals which may or may not include Firmware, SIM card and network airtime and Onboard Unit

Initial Term the first time period of a grant of a licence to use the Product and paid for by the Customer a