Welcome to Fleetworks, an online fleet management system designed for fleet operators to assist with the management of accidents claims, PCN’s, chargebacks and associated debt issues.
Please take the time to read these terms of use (“Customer Terms Of Use”) before accessing or using our services (“Service”) available at https://dash.fleetworks.co/ (“Website”).
The Website is operated by The Fleetworks Software Company Limited, a private limited company registered in England with number 12235444 whose registered office is at The Old Casino, 28 Fourth Avenue, Hove, East Sussex, BN3 2PJ, UK (“we” or “us” or “our”). These Customer Terms Of Use apply to all Customers who access and/or use the Service.If you do not agree to these Terms and Conditions you should contact the Supplier and discontinue any use of the Services.
By using the signing these Customer Terms Of Use you agree to be legally bound by these Customer Terms. They may be modified and posted on our Website from time to time. We will notify the nominated Account Holder User by email. In these Customer Terms, “you” refers to the entity you represent (“Customer”).
If you do not agree with these Customer Terms, Data Processing Agreement or Privacy Policy, you should not use the Service.
You connect to the Service using an Internet. You are responsible for obtaining access to the Internet and any equipment necessary to do this.
Signup
During the onboarding process you will assign an administrator (“Administrator” or “Account Holder”) and usually at least one other user (“User”) who would have day-to-day responsibility for the Fleetworks account. The Service is only for use by a single legal entity such as a company or a partnership. During the account set up process you must provide various details that are requested to complete the account profile. Failure to do so will result in delayed access or the denial of access to the site.
You may invite additional users to access your account by adding them as a User. By doing so you confirm that all Users are employees of the Customer or associated companies or agents such as an Insurance Broker. Users can be added and will be billed within the terms defined by the Tariff on the http://www.fleetworks.co.
Term
Use of your account shall commence after signup and when we have verified your account details. Access shall continue until terminated by either party in accordance with the provisions of these Customer Terms Of Use.
Relationship Between Customer, Users and Administrator
You are responsible for ensuring that all contact, email and name details used in connection with the Service are accurate and current during the term of this agreement. The Administrators control the day to day administration of the Customer account. The Administrators can cancel access to the Service and manage permissions. These actions may result in changes to the access, use, disclosure, modification or deletion of certain or all Customer Data.
Invited Users may access the Service and submit content or information (“Customer Data”) subject to the provisions of these Customer Terms Of Use. You shall ensure that all Users comply with these Customer Terms Of Use and you shall be liable for any breaches of the Customer Terms Of Use caused by any acts or omissions of Users as if the Customer had carried out such acts or omissions itself.
Users are not permitted to share their username and password with any other person nor with multiple users on a network.You are responsible for all activities that occur in your account. You will immediately notify us if you become aware of any unauthorised use of your account, passwords or any breach of security. Where a User misuses your Account you are responsible for taking any remedial action to protect your account. The Customer may request our help in providing audit activity to help ascertain any breaches. We shall act with reasonable care in providing audit assistance but shall have no liability for any loss or damage arising as a result of providing such audit assistance.We will only change the Administrator if requested to do so by the current Administrator or someone shown to be acting on behalf of the Customer if the Administrator is unable to make the change themselves. You agree to advise us immediately if any User or Administrator ceases to be employed by you.
Customer Data
You own all content and data you add to your account and you retain sole ownership of all rights, title and interest in, and to, your Customer Data. You have the sole responsibility for the legality, reliability, integrity, accuracy and quality of your Customer Data. You grant us the perpetual right to use Customer Data in an anonymized format. We have no responsibility for the way in which you choose to use your account to store or process your Customer Data. We will occasionally offer access to a third party integration. We will notify you about additional costs for using these connections by email to the Administrator. If we become aware of excessive requests to your account via the API we reserve the right to suspend access to the API. We shall attempt to email you prior to suspension. If Customer Data is being passed from, or to, the Service through an API, we will not be responsible for any use, disclosure, modification or deletion of Customer Data that is transmitted, or accessed by, third party products. We shall treat Personal Data as Confidential Information and shall only Process Personal Data on behalf of and in accordance with Customer’s documented instructions for the following purposes: (a) Processing in accordance with the Agreement ; (b) Processing initiated by Users in their use of the Services; and (c) Processing to comply with other documented reasonable instructions provided by Customer (e.g. via email) where such instructions are consistent with the terms of the Agreement.
Data Subject Request
Effective 25 May 2018, we shall, to the extent legally permitted, promptly notify the Customer if we receive a request from a Data Subject to exercise the Data Subject's right of access, right to rectification, restriction of Processing, erasure (“right to be forgotten”), data portability, object to the Processing, or its right not to be subject to an automated individual decision making (“Data Subject Request”).Considering the nature of the Processing, we shall assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to a Data Subject Request under Data Protection Laws and Regulations.
In addition, to the extent the Customer, in its use of the Services, does not have the ability to address a Data Subject Request, we shall upon your request provide commercially reasonable efforts to assist Customer in responding to such Data Subject Request, to the extent that we are legally permitted to do so and the response to such Data Subject Request is required under Data Protection Laws and Regulations.
To the extent legally permitted, you shall be responsible for any costs arising from us providing such assistance.FeesAll service prices are displayed on https://www.fleetworks.co and are subject to change with notice in advance by us. If an invoice is unpaid after 28 days then access to the Service will be withdrawn until the invoice is paid. In addition, any timed events scheduled by the Service will be stopped. If you fail to pay, access to the Service may be permanently withdrawn and you may suffer losses as a result. We do not accept any liability whatsoever for such losses. A user license shall incur a charge in any given month if it has been available for use at any point in the prior month, whether it has been utilised during the prior month. The charge in respect of a new user added part-way through a month shall only become billable in the following month.In general, and unless otherwise agreed in writing, access fees are due in advance and ancillary services will be billed monthly, in arrears. Any new features of the Service will be notified to the Account Holder by email. Use of those features after that email has been sent is deemed acceptance of any fee’s.We will occasionally arrange for a Customer account to be setup for a 28 day trial. If you sign up for a trial account and do not proceed to a fee paying account your account will be cancelled. All data will be deleted 14 days after your trial stops. There will be no refund or credit for partial weeks of Service. Fees are chargeable and shall be payable until an account is terminated or cancelled, even if you never use the Service.Trial accounts are not required to provide payment except for ancillary services.All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on use of the Service and such amounts shall be the responsibility of, and payable by, the Customer. If the Customer’s place of business is within the UK we will add UK VAT to our fees at the then current rate. If your place of business is in the EU (excluding the UK) and we are not obliged to charge you VAT (due to current applicable law), we will only exclude VAT from invoices if you provide us with a valid VAT registration number or other proof that you are using the Service for business purposes.Part of the Service includes the use of an online payment portal that allows the Customer to receive payments from their clients. Payments received will be subject to fee’s as described in the Tariff. If the Customer fails to make payment for the Service, we reserve the right of set off using any received funds against any outstanding invoices.
Suspension & Locking Access
Only the Customer can ask us to lock all access to your account for any reason.
We reserve the right to suspend access to your account if you fail to provide payment for the full amount of any outstanding fees and charges due or you fail to pay us any sums owed for the Service for any reason. We will provide the Administrator with prior notice by email of our intention to suspend your Customer account. If, within 28 days of suspending your Customer account, the amount of any outstanding fees and charges is not paid to us in full, your Customer account will be cancelled.
Termination & Cancellation
We may terminate these Customer Terms Of Use immediately by giving you written notice if you or a User commit any breach of these Customer Terms Of Use. We may terminate these Customer Terms Of Use for any other reason upon giving you 28 days written notice. Termination of these Customer Terms Of Use for any reason shall not affect the accrued rights of the parties arising under these Customer Terms Of Use and all rights which by their nature should survive the expiry or termination of these Customer Terms Of Use shall remain in full force and effect. Except for paying accounts, we reserve the right to cancel and delete your account if you have not accessed the Service for more than 3 consecutive months. We will provide prior notice by email to the Administrator before we do so. Each account will be considered as an independent and separate account for the purpose of calculating the inactive period. Any one user accessing the account will keep the account active. When an account is terminated or cancelled, the account and any content left behind in the account will be made inaccessible. For a period of 14 days after any account has been cancelled you may request that we restore your account. After this period, your account and all Customer Data contained within it will be permanently deleted and the agreement between us as set out in these Customer Terms Of Use will automatically terminate. Please be aware that partial data may reside in our backup and/or archive systems for a longer period of time.
Data Processing
Each party undertakes to comply with its obligations under relevant applicable data protection laws, principles and agreements. To the extent that personal data is processed by us on your behalf when you or Users use the Service, you acknowledge that we are a data processor and the you are a data controller. The terms of the Data Processing Agreement shall apply to all Customer Data that we process on your behalf.
Any information that you provide to us during signup or information provided when ordering the Service (such as the Customer’s email address) will be used by us in accordance with the terms of the Privacy Policy.If a third party alleges infringement of its data protection rights, we shall be obliged to take measures necessary to prevent the infringement of a third party’s rights from continuing.
Availability & SupportW
e will endeavour to make the Website and Service available to the Customer and Users 24 x 7, however we shall not be liable if for any reason the Website or Service is unavailable at any time or for any period.
We may suspend access to your account temporarily and without notice in the case of system failure, maintenance or repair or due to a Force Majeure Event (defined below).We will provide technical support to you by email only. Technical support will only be provided for bugs or errors that are reproducible by us. You agree to provide us with full and accurate details of all bugs and errors, on request. You acknowledge that we provide no warranty that all or any bugs or errors will be corrected.
Intellectual Property Rights
All intellectual property rights and title to the Service and materials on the Website, including without limitation photographs and graphical images (save to the extent they incorporate any Customer Data or third party owned item) shall remain owned by us and our licensors and no interest or ownership in the Service or Website is transferred to the Customer. Nothing in these Customer Terms Of Use shall be construed to mean, by inference or otherwise, that the Customer has any right to obtain source code for the software comprised within the Service or Website.No part of the Website or Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
When using the Service, Customers are encouraged to provide us with their feedback, suggestions or ideas for changes to the Service (“Feedback”). The Customer assigns to us all rights, title and interest in any Feedback. If for any reason such assignment is ineffective, the Customer shall grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such feedback without restriction.We may take and maintain technical precautions to protect the Service and Website from improper or unauthorised use, distribution or copying.
Acceptable Conduct
You are prohibited from posting or transmitting to or from the Website and/or the Service any material: (i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (ii) for which you have not obtained all necessary licences, consents and/or approvals; or (iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or (iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).You must not use the Website or the Service: (i) in any way that breaches any applicable local, national or international law or regulation; (ii) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; (iii) for the purpose of harming or attempting to harm minors in any way; or (iv) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above rules on acceptable conduct.
Disclaimer & Customer Warranties
The material on the Website and the Service is provided "as is", without any conditions, warranties or other terms of any kind. While we endeavour to ensure that the information provided on the Website and the information provided in connection with the Service is correct, we do not warrant the accuracy and completeness of such material. We may make changes to the material on the Website or to the Service, or to the products and prices described on the Website, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.We may share information about our future product plans with you from time to time. Please note that any public statement about our product plans is an expression of intent and should not be relied upon when purchasing the Service. Any decision to purchase the Service should be based on the functionality or features we have made available today and not on the future delivery of any functionality or features.
You warrant and represent that: (i) you have authority to enter into this agreement and to perform your obligations under these Customer Terms; (ii) the execution and performance of your obligations under these Customer Terms Of Use does not violate or conflict with the terms of any other agreement to which you are a party and is in accordance with any applicable laws; (iii) you shall respect all applicable laws and regulations, governmental orders and court orders, which relate to use of the Service, or Website, and these Customer Terms; and (iv) you rightfully own the necessary user rights, copyrights and ancillary copyrights and permits required for you to fulfil your obligations under these Customer Terms.Except as expressly stated in these Customer Terms, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose), are hereby excluded to the fullest extent permitted by law. No warranty is made regarding the results of usage of the Service or Website or that the functionality of the Service or Website will meet your requirements or that the Service or Website will operate uninterrupted or error free.
Limitation Of Liability
We do not exclude or limit our liability to you for fraud, death or personal injury caused by any negligent act, omission or wilful misconduct by us in connection with the provision of the Website or Service, or any liability which cannot be excluded or limited under applicable law.In no event shall we be liable to you whether arising under these Customer Terms Of Use or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any indirect or consequential loss or damage which shall include but not be limited to pure economic loss, losses incurred by any client of yours or other third party, loss of profits (whether categorised as direct or indirect loss), losses arising from business interruption, loss of business revenue, goodwill or anticipated savings, losses whether or not occurring in the normal course of business, wasted management or staff time, loss or corruption of data, or inability to use or the results of use of the Website or Service, any websites linked to the Website or the material on such websites. You acknowledge and agree our total liability to you (whether in contract, tort or otherwise) under or in connection with the provision of the Website or Service under these Customer Terms Of Use including any claim for indemnity or contribution shall not exceed one hundred (100) per cent of the total amount (excluding any VAT, duty, sales or similar taxes) paid by you to us during the preceding twelve (12) month period. The Customer shall defend, indemnify and hold us and our employees, sub-contractors or agents harmless from and against any costs, losses, liabilities and expenses, including reasonable legal costs arising from any claim relating to or resulting directly or indirectly from: (i) any claimed infringement by the Customer, User or third party of any intellectual property rights with respect to use of the Website or Service outside of the scope of these Customer Terms; or (ii) use by us of any Customer Data or Customer or User provided item; or (iii) any access to or use of the Website or Service by a User, Client or a third party in breach of these Customer Terms; or (iv) breaches of data protection law or regulations resulting from the us processing data on behalf of and in accordance with the instructions of the Customer or User.
Confidentiality
Each party may use the confidential information of the other party only for the purposes of these Customer Terms Of Use and must keep confidential all confidential information of the other party except to the extent (if any) the recipient of any confidential information is required by law to disclose the confidential information. Each party may disclose the confidential information of the other party to those of its employees and agents who have a need to know the confidential information for the purposes of these Customer Terms Of Use but only if the employee or agent executes a confidentiality undertaking in a form approved by the other party.
The obligations of confidentiality under these Customer Terms Of Use do not extend to information that: (i) was rightfully in the possession of the receiving party before the commencement of these Customer Terms; (ii) is or becomes public knowledge (otherwise than because of a breach of these Customer Terms; or (iii) is required by law to be disclosed.
EU Permitted Customers
If you are in the EU (or in the UK) you can only use the service if you are a business, as evidenced by a registered VAT number or other form of proof acceptable to us.
Assignment
You may not transfer, assign, charge or otherwise dispose of these Customer Terms Of Use or any of your rights or obligations arising hereunder, without our prior written consent.We may transfer, assign, charge, sub-contract or otherwise dispose of these Customer Terms Of Use, or any of our rights or obligations arising hereunder, at any time.
Relationship Between The Parties
The parties are independent contractors and nothing in these Customer Terms Of Use will be construed as creating an employer-employee relationship between us.
Communicating Between Us
We will communicate with you in English only.All notices from you must be given to us by email at admin@fleetworks.co or by recorded delivery to The Old Casino, 28 Fourth Avenue, Hove, East Sussex, BN3 2PJ, UK. Unless explicitly stated otherwise in these Customer Terms Of Use we shall give all notices to you by email to the email address of the Account Holder. Notices shall be deemed received and properly served 24 hours after an e-mail is sent, or for postal letters on receipt.
Changes
We maintain the right to change these Customer Terms, the Data Processing Agreement or Privacy Policy at any time, at our sole discretion upon giving you reasonable notice of any material change. Any changes will become effective on the date stated in such notice. If you or any User accesses or uses the Service after the date stated in any notice, this will constitute the Customer’s acceptance of any changes.If you do not accept the changes you should cancel your account before the date stated in the notice and stop using the Service.New features in the Service, including new tools and resources, will be subject to these Customer Terms.
Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations caused by events outside our reasonable control (a “Force Majeure Event”).A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to: (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (iv) impossibility of the use of public or private telecommunications networks; (v) the acts, decrees, legislation, regulations or restrictions of any government.Our performance of our obligations shall be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to an end or to find a solution by which our obligations under these Customer Terms Of Use may be performed despite the Force Majeure Event.
Miscellaneous
Should a provision of these Customer Terms Of Use be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.These Customer Terms Of Use, together with all documents referred to in them constitute the whole agreement and understanding between the parties and supersedes all prior agreements, representations, negotiations and discussions between the parties relating to the subject matter thereof.Nothing contained in these Customer Terms Of Use is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 or any other similar law in any jurisdiction.
Governing Law & JurisdictionThese Customer Terms Of Use shall be governed by the laws of England and Wales. The courts of England shall have exclusive jurisdiction for the settlement of all disputes arising under these Customer Terms.
Updated 18th February 2021