TERMS AND CONDITIONS

HOLDENTEK LTD

Company Number: 16991944

Email: info@holdentek.co.uk

Last Updated: 12.02.2026

1. Definitions

“Company”, “we”, “us”, “our” means [HOLDENTEK  Ltd].

“Customer”, “you”, “your” means the purchaser of the Device and/or Subscription Services.

“Device” means the telematics tracking hardware supplied by us.

“Services” means the telematics connectivity, SIM/data services, hosting, and access to the online tracking portal.

“Subscription” means the recurring payment required to maintain active Services.

2. Contract Formation

2.1 A contract is formed when you agree to purchase the Device and/or Subscription from us.

2.2 These Terms apply to all sales agreed in person, by phone, in writing, or electronically.

2.3 Any variation to these Terms must be agreed in writing by the Company.

3. The Device

3.1 Ownership of the Device passes to you once full payment has been received.

3.2 Risk passes to you upon delivery or installation.

3.3 You are responsible for ensuring correct installation unless installation is provided by us.

3.4 We are not liable for damage caused by incorrect installation, misuse, tampering, or unauthorised modification.

4. Subscription and Portal Access

4.1 The Device requires an active Subscription to operate.

4.2 Subscription includes:

SIM and mobile data connectivity

Access to the online tracking portal

Data hosting

4.3 We grant you a non-exclusive, non-transferable licence to access the portal for your internal business or personal use only.

4.4 You must not:

Share login credentials with unauthorised persons

Resell, sublicense, or distribute portal access

Attempt to reverse engineer or interfere with the system

5. Subscription Term and Payment

5.1 Subscription fees are payable [monthly/annually] in advance.

5.2 The minimum Subscription term is [Insert Term, e.g. 12 months].

5.3 Subscriptions automatically renew unless cancelled in accordance with Clause 11.

5.4 Failure to make payment may result in suspension or termination of Services and a £5 charge for each day over the payment due date for each device subscription.

5.5 We reserve the right to increase Subscription fees by providing at least 30 days’ written notice.

6. Suspension of Services

We may suspend Services if:

Payment is overdue

The Device is tampered with or misused

There is suspected fraud or unlawful activity

Required by law or by our network providers

Suspension does not remove your obligation to pay during any minimum term.

7. Tracking Data and Accuracy

7.1 The Services rely on GPS signals, mobile networks, and third-party infrastructure.

7.2 We do not guarantee uninterrupted, continuous, or error-free tracking.

7.3 We are not liable for:

GPS inaccuracies

Network outages

Signal loss

Delays in location reporting

Failure to recover stolen vehicles or assets

7.4 The system is a monitoring aid only and must not be relied upon as the sole theft prevention, security, or safety measure.

8. Customer Responsibilities

You agree to:

Keep login credentials secure

Ensure the Device remains properly powered and connected

Comply with all applicable laws when using tracking services

Obtain appropriate consent if tracking employees, drivers, or vehicles

We are not responsible for your compliance with employment, surveillance, or data protection laws.

9. Warranty

9.1 Devices are covered by a [12-month] limited warranty against manufacturing defects.

9.2 The warranty does not cover:

Accidental damage

Incorrect installation

Water damage (unless device is rated as waterproof)

Tampering or unauthorised modification

Normal wear and tear

9.3 Our obligation under warranty is limited to repair or replacement at our discretion.

This does not affect statutory rights under the Consumer Rights Act 2015.

10. Limitation of Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot legally be excluded.

Subject to this:

10.1 We shall not be liable for:

Indirect or consequential loss

Loss of profit

Loss of business

Loss of contracts

Loss of data

Theft or failure to prevent theft

10.2 Our total liability arising from any claim shall not exceed the total amount paid by you in the 12 months preceding the claim.

11. Termination

11.1 You may cancel your Subscription by giving [30 days] written notice after the minimum term has expired.

11.2 If you terminate during the minimum term, you may remain liable for the remaining Subscription fees.

11.3 We may terminate immediately for serious breach, non-payment, or misuse of Services.

11.4 Upon termination:

Portal access will be disabled

SIM/data services will cease

12. Consumer Cancellation Rights (If Applicable)

Where the sale is made off-premises, consumer customers may have cancellation rights under the Consumer Contracts Regulations 2013.

If applicable:

Consumers may have 14 days to cancel from the date of contract.

If Services begin within this period with the consumer’s consent, cancellation rights may be reduced or lost.

Nothing in these Terms affects statutory consumer rights.

13. Data Protection

We process personal data in accordance with UK GDPR and our Privacy Policy.

You are responsible for ensuring that your use of tracking Services complies with applicable data protection laws, including obtaining any required consents.

14. Force Majeure

We are not liable for failure or delay caused by events beyond our reasonable control, including but not limited to network failures, supply chain disruption, government action, natural disasters, or third-party service interruptions.

15. Governing Law

These Terms are governed by the laws of England and Wales.

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.