Terms & Conditions

1. Explanation of certain words

1.1 In this Agreement:

"Charges" means the charges for Services payable to The KenBuster Company by the Customer in accordance with clause 7.1.

"Commencement Date" means the date upon which Services are first provided to the Customer pursuant to this Agreement.

"Customer" means the customer of The KenBuster Company whose details appear on the customer contract.

"Device" means the KenBuster device.

"Disconnection Notice” means a notice to disconnect one or more SIM Cards from the Services given pursuant to clause 6.1.

"Equipment" means the items supplied by The KenBuster Company to the Customer under this Agreement.

"Line Rental Charges" means the non-usage dependent part of the Charges, payable on a monthly basis per SIM Card.

"Minimum Period" means the minimum number of months each SIM Card provided under this Agreement must remain connected to the  Services, which unless agreed otherwise in writing shall be 12 months.

"Minimum Term" means the term of 12 months from the Commencement Date or such other period as is referred to in the Charges Schedule.

"Network Operator" means the network operator who operates the network or networks to which the SIM Cards are connected.

"On-Line Account Management Service" means the secure service available to certain The KenBuster Company D customers on specified terms and conditions via The KenBuster Company website to access, download, store and make use of online account information.

"Order" means a request by the Customer for Equipment or Services or a change or variation in respect of the same (but not a disconnection).

"Price List" means the notes, descriptions of, criteria for use of, and the list of prices and tariffs which are charged to customers for Equipment and Services. The KenBuster Company Price List is available at www.kenbuster.co.uk/web/fees.htm

"Replacement List Price" means the Charges applicable to Equipment which is not supplied in conjunction with a new SIM Card and which Charges shall be available from The KenBuster Company upon request from the Customer.

"SIM Card" means the subscriber identity module supplied by the Network Operator (and which shall at all times remain the property of the Network Operator), which is allocated to the Customer by The KenBuster Company, and which contains the Number.

"SMS" means the short message service, which enables text messages to be sent to, and received from Devices.

"Termination Fee" means the standard The KenBuster Company Price List Line Rental Charges (as stated in The KenBuster Company Price List at the date of disconnection which are applicable to the tariff to which the SIM Card was connected prior to disconnection) for the period from the date of disconnection of a SIM Card to the end of the Minimum Period in respect of that SIM Card.

"Termination Notice" means the written notice to terminate this Agreement.

"The KenBuster Company Limited" means The KenBuster Company Limited of MoBank, Bridge House, 1C 63-65 North Wharf Road, London, W2 1LA

"Service Connection" means connection to the GPRS network, procured from The KenBuster Company.

2. Orders 

2.1 The KenBuster Company agrees subject to acceptance by The KenBuster Company of an Order, to supply to the Customer the Services and Equipment requested in that Order under the Terms and Conditions listed herein, and at the Charges specified in The KenBuster Company Price List, and The KenBuster Company undertakes to use all reasonable endeavors to fulfill any Order as soon as reasonably practicable and if possible by the requested dates for delivery/commencement. No liability shall arise, however, from any such failure.

3. Equipment 

3.1 The KenBuster Company warrants that each item of Equipment will conform in all material respects to the manufacturer’s specification for a period of 12 months from the date on which each item of Equipment is dispatched to the Customer by The KenBuster Company (the "Warranty Period").

3.2 If, within the Warranty Period, the Customer notifies The KenBuster Company of any defect or fault in the Equipment in consequence of which it fails to conform in all material respects The KenBuster Company shall, at The KenBuster Company’s option, do one of the following: repair the faulty Equipment; or replace the faulty Equipment with the same or an equivalent item of Equipment which may be a new or refurbished item; or refund the Charges in respect of the defective or faulty Equipment. In the event that Equipment is provided to replace Equipment which has failed during its Warranty Period, the replacement Equipment will be provided with its own Warranty Period which shall last for the greater of:
a) 3 months from the date on which the replacement Equipment is dispatched to the Customer; or
b) the outstanding period of the original Warranty Period. 

3.3 The obligations set out in clause 3.2 shall not apply in the event that any defect or fault does not result from: fair wear and tear; or the Customer, or anyone acting with the authority of the Customer, has amended, altered or damaged the Equipment, or used it for a purpose or in a context, other than in accordance with The KenBuster Company’s instructions and advice.

3.4 Acceptance of the Equipment by the Customer shall take place when the Customer takes delivery or possession of the Equipment. Risk in the Equipment will pass to the Customer upon delivery and the Customer will be liable for any loss or damage of the same as and from the time when the Equipment is delivered to the delivery location specified in the Order unless the damage is caused by the negligence of The KenBuster Company.

3.5 Where Equipment is provided to the Customer then notwithstanding delivery and acceptance of the Equipment, title in the Equipment shall not pass to the Customer.

3.6 Following any upgrade of Equipment or disconnection of Equipment from the Services, The KenBuster Company shall reserve the right to request the safe return of such Equipment from the Customer to The KenBuster Company at the Customer’s expense.

4. Agreement of Details and Agreement for the provision of Connection and Services

4.1 The KenBuster Company agrees to provide, during the Agreement Term, the Services of:
(a) Making payment to Transport for London (“TFL”), using the customer’s credit or debit card payment details registered with The KenBuster Company, when the Customer’s registered Device determines the Customers vehicle  has entered the congestion charging zone during chargeable hours;
(b) Sending daily SMS/Email notifications, to inform the Customer of actions taken by The KenBuster Company;
(c) Making payment to TFL, using the customer’s credit or debit card payment details registered with The KenBuster Company, when informed by the Customer via SMS/Email when a payment is required; instruction must be recieved within 24 hours of daily SMS/Email notificaiton sent by the KenBuster Company. For avaoidance of doubt, this is 18.30hrs, T+1. Where T is the day of travel, and 1 is a working day;
(d) the display of payment history on the On-Line Account Management website.

4.2 For the avoidance of doubt, during the Agreement Term, the KenBuster Company will not:
(a) accept any liability or make any payments for any fine or surcharge imposed by TFL;
(b) make any payments to TFL in circumstances where the Customer’s has provided incorrect payment details and/or has insufficient funds for such a payment to be made
(c) make payments in circumstances as set out in clause 4.5 below.

4.3 The KenBuster Company reserves the right, at its absolute discretion, to refuse to accept an order placed by a Customer. No order shall be accepted for any person below the age of 17 or in the event of failure to provide the KenBuster Company with:
(a) a valid address
(b) valid and authorized payment details
(c) details for the supply of SMS/email notifications.

4.4 The On-Line Account Management website is the property of The KenBuster Company.

4.5 Since certain elements of the Services are dependent on the Customer having suitable infrastructure available and/or using the Device appropriately, in the event that the Customer is unable to provide suitable infrastructure, or fails to use the Device appropriately, then:
(a) Some of the Services may not function correctly ("the Affected Services");
(b) The KenBuster Company reserves the right not to provide the Customer with the Affected Services; and
(c) The KenBuster Company shall have no liability for the Customer’s inability to receive the Affected Services.

4.6 During the Minimum Period, the Customer shall not be permitted to transfer to a tariff which they were not originally connected to under this Agreement to another tariff except where The KenBuster Company at The KenBuster Company 's absolute discretion agrees to do so and confirms such a change in writing to the Customer. The Customer agrees to pay any additional charges to transfer to a different tariff, to be notified by The KenBuster Company. No refunds will be paid to the Customer for any changes in tariff.

5. Service Standards

5.1 The KenBuster Company warrants that it will perform its obligations in this Agreement with the reasonable skill and care of a competent telecommunications service provider and warrants that the Services will conform in all material respects to the description of the same in The KenBuster Company Price List.

5.2 The KenBuster Company may, where reasonable, from time to time and without notice suspend the  Services and at its discretion disconnect a Device in any of the following circumstances without prejudice to its rights hereunder, provided that it shall use reasonable endeavors to restore the Services as soon as reasonably practicable:
(a) During any technical failure, modification or maintenance of the telecommunications systems by which the Services are provided; and/or
(b) if the Customer fails to comply with the terms of this Agreement after being given written notice of its failure (including but not limited to failure to pay any sums due hereunder) until such failure to comply is remedied; and/or
(c) if the Customer allows to be done anything which in The KenBuster Company’s reasonable opinion may have the effect of jeopardizing the operation of the  Services, or the  Services are being used in a manner prejudicial to the interest of the Customer and/or The KenBuster Company; and/or
(d) Because of an emergency or upon instruction by emergency services or any government or appropriate authority (including the Network Operator) or for the Customer's own security.

5.3 The KenBuster Company can at its discretion suspend and disconnect its Service if The KenBuster Company has reasonable cause to suspect fraudulent use of the Device, or if identified as being stolen.

5.4 During any period of suspension arising from the circumstances detailed in clauses 5.3.2 to 5.3.4 inclusive, or clause 5.4, the Customer shall remain liable for all Charges levied in accordance with this Agreement.


6. Disconnection of Service

6.1 A Disconnection Notice may be given by the Customer in at any time.

6.2 Within 30 days from receipt of a Disconnection Notice The KenBuster Company will disconnect the relevant Device from the Services. In the event that the Customer gives a Disconnection Notice to take effect (and resulting in disconnections) prior to the expiry of the Minimum Period for the particular Service concerned, the Customer will pay to The KenBuster Company any applicable Termination Fee.


7. Basis of Charges

7.1 The prices and tariffs payable by the Customer to The KenBuster Company for Equipment and Connection are as set out in The KenBuster Company Price List. The KenBuster Company may, at its absolute discretion, amend the prices and tariffs set out in the Price List, upon notification to all Customers in accordance with clause 19 below.


8. Billing Arrangements

8.1 For customers of the Equipment and Services, The KenBuster Company shall at the beginning of each calendar month on the date agreed, obtain from the customer the agreed monthly charge from the customers given credit or debit payment details.

8.2 Without prejudice to any other rights of The KenBuster Company in the event of the Customer failing to pay any sums due to The KenBuster Company on time or at all notwithstanding notification of the overdue debt to the Customer The KenBuster Company shall be entitled to:
(a) charge interest (both before and after any judgment) on amounts overdue from the Customer under this Agreement from the due date until the payment is actually made at the rate of 2% per annum over the base rate of HSBC Bank plc for the time being during the relevant period; and
(b) Suspend the provision of the  Services, the performance of customer services and/or disconnect Equipment from the Services until such time as all payments due including all interest accrued has been paid and satisfied in full.


9. Obligations of the Customer

9.1 The Customer undertakes with The KenBuster Company that throughout the Service Period it will use its reasonable endeavours to:(a) provide The KenBuster Company with such information as The KenBuster Company reasonably requests in connection with this Agreement; and
(b) not use the Device and/or other Equipment and/or the Services for any purpose other than that for which it was designed or intended; and
(c) notify The KenBuster Company immediately (and to confirm in writing) on becoming aware that any Device or SIM Card has been lost or stolen or that any person is making improper or illegal use of the Device, SIM Card or the Services. The Customer will be responsible for any Charges incurred as a result of unauthorised use of any Device, or SIM Card, or the information contained within a SIM Card, until The KenBuster Company has received a request from the Customer to suspend the Services to that Device or SIM Card.

9.2 The Customer undertakes with The KenBuster Company that throughout the Service Period it will and will take all reasonable steps to ensure that its employees will:
(a) pay the standard charges levied by The KenBuster Company from time to time applicable to repair work on Equipment which is outside (in scope or time) the warranty provided under this Agreement; and
(b) use the Equipment in same or reasonable instruction of The KenBuster Company and not to copy, reverse engineer, alter or modify the Device in any way.
(c) not use the Services in a manner which is inconsistent with a reasonable customer’s good faith use of the Services;
(d) not use the Services fraudulently or in connection with a criminal offence.

9.3 The Customer agrees that it will procure the SIM Cards, Equipment and Services solely for their own use and agrees not sell, resell or otherwise act as any form of distributor in respect of the SIM Card, the Equipment, or the Services.

9.4 In the event that a Device and/or other Equipment or Software is damaged, destroyed, lost or stolen then the Customer agrees to pay the applicable replacement or repair charges as set out from time to time in The KenBuster Company Price List and shall be liable to the KenBuster Company in respect of any charges, losses or expenses associated with such damage, destruction, loss or theft.

9.5 In the event that the Customer is subject to a claim in respect of any alleged infringement of any trademark, patent, registered design or copyright arising from its normal use or possession of the Equipment then The KenBuster Company will indemnify the Customer in relation to such claim provided that the Customer promptly notifies The KenBuster Company of such claim, makes no admission in respect of such claim, allows The KenBuster Company to conduct all negotiations and proceedings (providing The KenBuster Company with all reasonable assistance) and allows The KenBuster Company at The KenBuster Company’s own discretion and expense to modify or replace the Equipment so as to avoid any continuing infringement. This indemnity does not apply to any infringements caused by the Customer’s own breach of the terms of this Agreement or the operation or use of the Equipment or Software in conjunction with other equipment and software not supplied by The KenBuster Company pursuant to this Agreement in which event the Customer shall indemnify The KenBuster Company in respect of any claims, proceedings and expenses arising from any such infringement by the Customer.


10. Duration and Termination

10.1 This Agreement shall commence on the Commencement Date and shall continue for the Minimum Term and thereafter throughout the  Service Period until the same is brought to an end by means of a:

Termination Notice
10.2 A Termination Notice may be given by either party and the Agreement terminated forthwith if:
(a) the other party is in material breach, and the breach is capable of remedy and the party in breach shall have failed to remedy the breach within thirty (30) days of written notice specifying the breach and requiring its remedy, or the breach is not capable of remedy; or(b) bankruptcy or insolvency proceedings are brought against the other party, or if an arrangement with creditors is made, or a receiver or administrator is appointed over any of the other party’s assets, or the other party goes into liquidation.

10.3 A Termination Notice may be given to The KenBuster Company under the circumstances set out in Clause 19.2 at any time by the Customer and the Agreement terminated 30 days thereafter, if The KenBuster Company increases its prices or tariffs in respect of Airtime or Equipment to the Customer’s material disadvantage or substantially varies these terms to the Customer’s material disadvantage other than where such increases in prices or tariffs or change to these terms arises as a consequence of a change in prices, tariffs, terms or otherwise made or requested by third party manufacturers or suppliers, or a regulatory body.

10.4 In addition to a party's right to terminate in accordance with clauses 10.2 and 10.3, at any time during the Service Period:
(a) the Customer may serve on The KenBuster Company a Termination Notice on a minimum of 30 days notice and the Customer shall be liable for any applicable Termination Fee; or
(b) The KenBuster Company may serve on the Customer a Termination Notice on a minimum of 30 days notice and the Customer shall not be liable for any applicable Termination Fee.
10.5 Upon the expiry of any Termination Notice or otherwise upon the termination of this Agreement The KenBuster Company will disconnect all Devices, SIM Cards, (and any other Equipment) from the Services and the Customer will pay to The KenBuster Company any applicable Termination Fee.


11. Ownership

11.1 Title to, and all intellectual property rights in the Software, associated documents and all parts thereof will be and remain vested in and be the absolute property of the owner of the copyright in the Software or associated documents as appropriate, which owner shall be entitled to enforce any of the terms of this Agreement relating to the Customer’s use of that Software, associated documents and all parts thereof, directly against the Customer.

11.2 Except as expressly provided in this Agreement, nothing in this Agreement will be deemed to or require The KenBuster Company to transfer, assign or license any intellectual property rights to the Customer.

11.3 The Customer will not be entitled to use in the course of trade or otherwise in relation to any goods or services of the Customer any registered or unregistered trademark, logotype or abbreviation of the name of The KenBuster Company or any part of The KenBuster Company so that any person might reasonably import a connection between those goods or services and The KenBuster Company or any part of The KenBuster Company. The Customer also agrees not to infringe any copyright, or registered or unregistered Trademark rights belonging to any third party in respect of any Device and/or other Equipment.

11.4 All information or materials supplied to The KenBuster Company by the Customer in connection with the Agreement, together with the copyright therein, will remain the property of the Customer and will, if the Customer so requires, be returned to the Customer on termination of the Agreement.

11.5 Any Software supplied is provided on the terms of a non-exclusive, non-transferable licence and such Software is to be used for the sole purpose of operating the Equipment in order to be able to obtain the Services.


12. Confidentiality

12.1 The parties will each keep confidential any proprietary information and/or any information obtained from the other in connection with this Agreement (including for the avoidance of doubt details of the Customer’s journey history) which is reasonably identified by either party as confidential or which is obviously confidential in nature and neither will divulge the same to any third party except such of its employees contractors and agents as may need to know the same for the purposes of the implementation of this Agreement and who agree to be bound by the provisions of this clause without the consent in writing of the other.

12.2 The obligations aforesaid shall not apply to any material or information which is in the public domain (other than as a result of a breach of this Agreement); or, already known to the receiving party; or, lawfully received from a third party and/or ordered to be disclosed by any court or other tribunal or regulatory authority of competent jurisdiction.


13. Limitation of Liability

13.1 Neither party shall be liable to the other in respect of any matter arising out of or in connection with this Agreement in contract or tort or otherwise for any loss (whether direct or indirect) of profit, business, revenue, anticipated savings, goodwill or any loss or corruption of data, or any indirect or consequential loss or damage whatsoever.

13.2 Nothing in this Agreement shall exclude or restrict the liability of either party for:
(a) claims in respect of the indemnities set out in this Agreement;
(b) for breach of any implied term as to title or quiet enjoyment arising out of section 12 Sale of Goods Act 1979; or
(c) fraud or fraudulent misrepresentation.

13.3 Nothing in this Agreement shall exclude or restrict the liability of either party in respect of any liability which cannot be excluded or restricted by law.

13.4 The express terms of this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.


14. Matters Beyond the Parties Reasonable Control

14.1 Neither party to this Agreement shall be deemed in default or liable to the other party for any matter whatsoever for any delays in performance or from failure to perform or comply with the terms of this Agreement due to any cause beyond that party’s reasonable control including, without limitation, acts of God, acts of Government, other competent regulatory authority, or action undertaken by TFL,  any telecommunications network operators, war or national emergency, riots, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes and other industrial disputes (in each case, whether or not relating to that party’s workforce).


15. Assignment

15.1 The Customer shall not assign or transfer the benefit of this Agreement to any third party without the prior written consent of The KenBuster Company such consent not to be unreasonably withheld or delayed.

15.2 The KenBuster Company may assign or transfer the benefit of this Agreement to any third party and may subcontract the performance of all or part of the same.


16. Entire Agreement

16.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, proposals, understandings and agreements whether written or oral relating to the subject matter of this Agreement.

16.2 Each of the parties acknowledges and agrees that in entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this clause shall, however, operate to limit or exclude any liability for fraudulent misrepresentation.


17. Invalidity

17.1 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. In any such circumstances the parties shall negotiate in good faith in order to agree the terms of a mutual satisfactory provision, achieving as nearly as possible the same commercial effect, to be substituted for the provision which is found to be invalid, illegal or unenforceable.


18. Waiver

18.1 The failure or delay by either party to this Agreement to exercise or enforce any right, power or remedy under this Agreement shall not be deemed to operate as a waiver of any such right, power or remedy; nor shall any single or partial exercise by any party operate so as to bar the exercise or enforcement thereof or of any right, power or remedy on any later occasion.


19. Changes to These Terms

19.1 It is the policy of The KenBuster Company to continually review the charges it makes and the terms upon which it contracts with customers in order to maintain a competitive advantage over other providers of services similar to the Services and The KenBuster Company accordingly reserves the right to vary its prices and tariffs as set out in The KenBuster Company Price List and these Terms from time to time.

19.2 In the event that The KenBuster Company changes its prices and tariffs within The KenBuster Company Price List such variations or changes will be published at http://www.kenbuster.co.uk/web/fees.htm at least 28 days before any such changes take place and come into effect, and in the event that The KenBuster Company changes the terms of this Agreement The KenBuster Company will provide the Customer with 28 days notice of such change or, in either case, as much notice as is reasonably practicable where such change arises as a consequence of changes imposed by third party manufacturers or suppliers, or a regulatory body.


20. Use and Disclosure of Information

20.1 The KenBuster Company operates in accordance with the Data Protection Act 1998 as updated or amended from time to time. The Customer agrees that its details or those of its users may be used by The KenBuster Company for marketing purposes and to inform the Customer and its users from time to time about other Services or associated technologies. If the Customer does not want their details to be used in this way then the Customer should contact The KenBuster Company Data Controller.


22. No Partnership

22.1 Nothing in this Agreement shall create, or be deemed to create, a partnership between the parties.


23. Notices

23.1 Any notice or other communication required or permitted under this Agreement to be given in writing to the address of the recipient stipulated on the invoice or as notified from time to time and will be deemed to have been given or made when delivered personally if properly addressed and posted by first class mail in England within two business days of posting and/or if sent by facsimile upon being sent or if sent by e-mail or other electronic means upon such communication being acknowledged as having been received.


24. No Third Party Rights

24.1 Save as provided by the terms of this Agreement a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from by that Act.


25. Operative Law

25.1 This Agreement shall be considered as a contract made in England and according to English Law and subject to the exclusive jurisdiction of the English courts to which both parties hereby submit.


26. Website

Disclaimer
26.1 The KenBuster Company does not endorse, guarantee or provide any warranty as to the accuracy, suitability, completeness, reliability or continuous supply of any information or content supplied on the website www.kenbuster.co.uk.

26.2 The Customer acknowledges and accepts that The KenBuster Company has no control over the content supplied by third parties accessed via The KenBuster Company website. The KenBuster Company accepts no liability in respect of (a) any products or services which are located via the website and/or (b) any agreement, contract, sale or purchase of products and services from third parties made through the website, (c) the value and/or integrity of such third-party products and services. The KenBuster Company accepts no responsibility for any loss of profits, loss of data or consequential losses arising from the Customer’s use of, or inability to use or access the service, or following a failure, suspension or withdrawal of all or part of the service at any time. No additional charge will be levied against the Customer for the use of The KenBuster website www.kenbuster.co.uk.

26.3 Any information displayed on The KenBuster Company website represents an opportunity for persons to assess the goods and services of The KenBuster Company. No offer for the sale of goods, services or equipment is made by The KenBuster Company by viewing the content of the website or links therefrom.

Pricing details
26.4 All goods and services displayed on The KenBuster Company website www.kenbuster.co.uk are subject to availability. Where certain goods or services are no longer available, or where certain prices have changed, The KenBuster Company undertakes to update the relevant information contained on this website from time to time and as soon as practicable.