Terms and Conditions of Sale for Keatech ApS, CVR No. 38447378
Keatech ApS
CVR No.: 38447378
Address: Sprogøvej 2, DK-9800 Hjørring
Telephone: +45 7196 9662
Email: info@keatech.com
Website: www.keatech.com
1. Subject of the Agreement
These Terms and Conditions of Sale ensure that the Customer is informed of their rights and obligations when using Keatech's services. By agreeing to the Terms and Conditions, the Customer undertakes to comply with them.
1.1. Validity
The following Terms and Conditions of Sale apply to all of Keatech's deliveries as well as product rentals and services unless the Terms and Conditions have been specifically dispensed with by explicit written agreement between the Customer and Keatech. They are hereinafter collectively referred to as the "Parties".
1.2. Acceptance of the Conditions
The Customer (hereinafter "Customer") has received an (electronic) copy of these Terms and Conditions of Sale (hereinafter "Conditions") and has agreed to the Conditions as part of the Agreement entered into by the Parties. By using the Keatech website (www.keatech.com), signing up for a free trial, or logging in to the Keatech Live service ("Keatech Live"), the Customer confirms that they have read, understood, and agreed to the Conditions.
1.3. Using the Service
Access to Keatech Live is contingent on the Customer agreeing to and complying with these Conditions. Keatech urges the Customer to read the Conditions carefully before doing anything on the website.
2. Contact Information
For questions or further information, the Customer may contact Keatech using the following methods:
• Address: Sprogøvej 2, DK-9800 Hjørring
• Telephone: +45 7196 9662
• Email: info@keatech.com
3. Revisions to the Conditions
Keatech reserves the right to revise the Conditions at any time. Revisions will be communicated to the Customer via email or on the Keatech website. Continued use of the Service following such revisions will be construed as acceptance of the revised Conditions.
4. Product and Service
4.1. Subscription
Keatech supplies and leases products, such as GPS hardware ("GPS"), as well as services, such as the software application Keatech Live, on a subscription basis. Keatech Live is a platform where the Customer can track their vehicles, machines, and tools. The GPS and the associated Keatech Live together make up the "Subscription".
5. Quote, Confirmation, and Agreement
Keatech and the Customer usually have a no-obligation meeting during which the Parties discuss what Keatech can offer, what the installation of a GPS involves, the features of Keatech Live, as well as the Conditions of the Subscription, among other things. The Customer may also obtain quotes from Keatech for the installation of GPS devices.
The Customer and Keatech are considered to have concluded an Agreement when the Customer has accepted a written quote from Keatech, specifying the Conditions of the Subscription. This can be done via email, telephone, or orally. Afterwards, Keatech will confirm the Agreement. These Terms and Conditions of Sale are an integral part of the Agreement.
Should the Customer wish to terminate or amend the Agreement, the Customer will contact Keatech by telephone or email at support@keatech.com.
6. Free Trial of Keatech GPS
Keatech offers a free 30-day trial of the Subscription. The trial includes one GPS device, unlimited access to Keatech Live in a browser-based version as well as an app version, integration in case management system, and free support. The 30-day trial period starts on the day when the Customer receives the GPS device.
The GPS device to be used by the Customer during the trial period is shipped free of charge to the Customer. Thus, the subscription can be tested free of charge for 30 days.
During the trial period, the Customer will be contacted 2–5 days before the free trial period expires, and the Customer will be asked to decide whether they wish to continue using the service as a paying subscriber.
Should the Customer wish to continue as a paying subscriber, an invoice for the Subscription will be sent. More details are included in Section 7 'Subscription'.
Should the Customer not wish to continue as a paying subscriber, the GPS must be returned within 10 days. More details are included in Section 8 'GPS Ownership'.
7. Subscription
The subscription is taken out on a continuing basis, meaning that Subscription is billed continuously every quarter in advance pursuant to Section 9 'Prices, Billing and Payment', unless otherwise agreed. At the end of every billing period, the Customer's Subscription will automatically be renewed under the same conditions unless the Customer cancels the Subscription pursuant to Section 11 'Cancellation'.
In accordance with Section 20 'Revising the Conditions', Keatech can change the Subscription price. Any price change becomes effective at the end of the then billing cycle.
Keatech will give the Customer reasonable advance notice of any change in Subscription price as well as allow the Customer to cancel the Subscription before any proposed change comes into force. If the Customer continues to use the Subscription after the price change, this will be construed as acceptance of the change to the Subscription. Any prepaid Subscription will not be refunded if cancelled.
8. GPS Ownership
The Customer does not assume ownership of a GPS unit belonging to types GB130, GB100, GV57, and GV75. Rather, these are rental devices and are included in the Subscription, unless otherwise agreed. Keatech retains ownership of these GPS devices for the full duration of the Subscription.
The GPS device must be returned in good condition when the Subscription is cancelled. When returning GPS devices, the Customer is responsible for paying the associated costs. The Customer also has the option to return GPS devices to our office in Hjørring.
If a GPS unit is not returned to Keatech within 10 days of the cancellation date at the end of the trial period, or if a GPS is lost, the Customer is automatically billed a Subscription pursuant to Section 7 'Subscription'. Alternatively, the Customer may pay DKK 500 excluding VAT for each non-returned GPS device.
A GPS belonging to types GL520, GL530, and GL505 as well as Livetags are owned by the Customer, since these are purchased when concluding the Agreement pursuant to Section 9 'Prices, Billing and Payment'.
9. Prices, Billing, and Payment
9.1. Prices
Keatech posts information about general prices and the specifications of GPS devices and Keatech Live on www.keatech.com. Keatech's prices are exclusive of VAT, other charges, fees, etc. Keatech reserves the right to adjust prices with advance notice.
The Customer's quote/order confirmation from Keatech contains information about the Customer's total price based on the selected Subscription.
9.2. Billing
The Customer will be billed when the Subscription is ordered (at the time that the GPS device is shipped by Keatech) and then every quarter in advance. The payment deadline will be 8 days from the time of the billing notice.
9.3. Payment
Payment can be made via EAN, supplier service, payment slip, or credit card (Visa/Dankort), including automated payment.
If payment is delayed or missed, Keatech reserves the right to charge interest and a dunning fee with the late notice in accordance with applicable law, and it may also pursue its claim by other means.
The Customer agrees that invoices and late notices sent via email to the email address provided by the Customer will be considered delivered once sent by Keatech.
If the Customer does not comply with the payment deadline, Keatech reserves the right to suspend the Subscription until payment has been made. The Customer is not permitted to withhold any part of the payment as security for the fulfilment of any counterclaims relating to other services, and such a retention of money will be considered a significant breach of the Agreement by the Parties.
10. Shipments
The Customer is responsible for paying shipping fees of DKK 100 for each package shipped from Keatech's warehouse in Hjørring. Alternatively, the Customer is welcome to collect the equipment from our address and thus avoid shipping fees.
11. Cancellation
Keatech has no minimum contract period for our products, and the Customer may cancel the Subscription at any time. Cancellation of the Subscription must be done by contacting our support via telephone or email at support@keatech.com.
When cancelling the Subscription, the Customer must return the GPS devices to Keatech (with the exception of types GL520, GL530 and Livetags) pursuant to Section 8 'GPS Ownership'. The Customer is responsible for returning the GPS devices in good condition, and they must pay for the cost of shipping themselves. The Subscription is considered cancelled when the GPS devices have been received at our warehouse.
Please note that a prepaid Subscription is non-refundable.
12. Warranty
Keatech provides a lifetime warranty on the GPS devices GB130, GB100, GV57, and GV75 as well as a warranty lasting up to 24 months on the GPS devices GL520, GL530, and Livetags pursuant to Section 8 'GPS Ownership'.
The warranty requires that the device be active together with a valid Subscription and that payment is made on time by the Customer. In case of warranty claims, Keatech will send a replacement GPS to the Customer free of charge. To make a warranty claim, the Customer must contact Keatech via telephone or email at support@keatech.com.
The warranty claims will only be honoured if the GPS device has been stored correctly and used in accordance with Keatech's specifications for standard use. The warranty does not cover flaws or defects arising as a result of inadequate maintenance, incorrect installation performed by the Customer, modifications made without Keatech's written consent, or inadequate repairs made by the Customer.
Keatech's liability is limited to a maximum of DKK 1,000 for a faulty GPS device. Under no circumstances will liability include direct or indirect losses, such as loss of operation, loss of time, or loss of profits that may arise as a result of defects of the GPS device.
13. Liability and Force Majeure
Under the general rules of Danish law, Keatech remains liable to the Customer for the Subscription under the limitations included in quotes, order confirmations, and Conditions, including what is set out in Section 5.
Keatech does not accept any liability for how the Customer chooses to use Keatech Live.
Keatech shall not be held liable for any indirect losses and consequential damages, including loss of operation, loss of time, loss of profits, loss of data, loss of goodwill, loss of reputation, etc.
Keatech is exempt from any liability for failure to fulfil its obligations if Keatech can prove that this is due to circumstances outside of Keatech's control, such as, but not limited to, war, warlike situations, fire, strike, lockout, export or import bans, or embargo.
Furthermore, Keatech disclaims any responsibility for issues and losses arising due to circumstances beyond Keatech's control. This includes, but is not limited to, power cuts, Internet connection issues, inadequate supply of materials from subcontractors, including outages of Keatech's Internet access provider, card provider, etc., disruptions of and changes to Internet connections, production shutdowns, shortages of energy or transport options, malicious damage to the system (physical as well as inflicted by computer viruses and hacking), or abuse of personal information.
Keatech cannot be held responsible for the lack of availability and glitches or impaired features of Keatech Live, including technical glitches or outages. Keatech reserves the right to change Keatech Live at any time, which may impact the availability of features and content.
In case of a force majeure situation, Keatech may extend the delivery time accordingly or cancel the Agreement. In this case, the Customer may not claim compensation for either direct or indirect losses, including loss of operation, etc. As soon as the obstacle has been overcome, each Party must resume carrying out the Agreement unless Keatech has already cancelled this Agreement. If an obstacle lasts more than 3 months, the Customer may also cancel the Agreement.
14. Intellectual Property and Intellectual Property Rights
Keatech Live and its content, features, and functionality are and remain the exclusive property of Keatech. Keatech Live is protected by copyright, trademark, and other laws in Denmark. Use of Keatech's trademarks and visual business identity in connection with any product or any service is not permitted without the prior written consent of Keatech.
15. Confidentiality
Keatech considers trust and confidentiality to be crucial to a good working relationship. All information received from the Customer or about the Customer is treated confidentially and in compliance with duty of the confidentiality as well as the general provisions of Danish law regarding the processing of personal data pursuant to Section 16 'GDPR and Personal Data'.
Keatech may disclose confidential information to sub-processors only when this is necessary in order to provide the Subscription. Keatech may not disclose confidential information to third parties, unless the information is publicly available, received from a third party without obligations of confidentiality, or Keatech is obligated to disclose the information pursuant to law or by order of an authority or a court.
16. GDPR and Personal Data
Keatech will collect, process, and store general personal information about the Customer and the Customer's employees, customers, business partners, suppliers, etc., that is required to fulfil the Agreement to provide the Subscription and provide professional services. It may also do so in order to bill and recover balances in Keatech's favour.
Keatech collects personal information from the Customer, data subject, and/or third party. This includes the name, address, telephone number, and email as well as similar information about contacts at the Customer, the data subject, etc.
Keatech does not disclose personal information to unauthorised persons, only to (sub)contractors when required to provide the Subscription, or to third parties or public authorities if Keatech is legally obligated to do this.
The Customer may object to and limit the processing of their information, including by revoking their consent, at any time. The Customer can gain access to and obtain information collected by Keatech or request the correction or deletion of data by contacting us by telephone or emailing us at info@keatech.com. However, this may result in Keatech being unable to provide the Subscription, and this will be considered a cancellation of the Subscription pursuant to Section 11 'Cancellation'.
The Customer can read more about their rights in the Danish Data Protection Agency Guide on the Data Subject Rights at www.datatilsynet.dk. The Customer has a right to complain to the Danish Data Protection Agency if the Customer is dissatisfied with the way Keatech processes their personal information. The contact information for the Danish Data Protection Agency can be found at www.datatilsynet.dk.
17. Information Storage
Information received from the Customer and GPS data are stored only when required by law or necessary to provide the Subscription, including for the sake of future documentation requirements. The storage period will typically be a maximum of 5 years following the end of the financial year in question or 5 years following the termination of the business relationship between the Customer and Keatech. The information is stored digitally.
18. Disputes
If an amicable solution cannot be reached between the Parties, any disagreement or dispute regarding the interpretation and reach of the Agreement and Conditions will be settled in the Danish courts in accordance with Danish law. The Court in Hjørring will be the venue for any dispute between the Parties.
19. Invalidity
Should a stipulation in the Conditions be declared invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions of the Conditions. The applicability of this stipulation will be enforced to the extent permitted by law.
20. Changing the Conditions
Keatech reserves the right to change the Conditions or substitute new ones at their discretion at any time. Should a change be essential, Keatech will attempt to give a minimum of 30 days notice before the new conditions come into force. What constitutes an essential change will be determined at our discretion.
By continuing to use Keatech Live after the changes have come into force, the Customer agrees to be bound by the revised conditions. If the Customer does not agree to the new conditions, the Customer must stop using Keatech Live.
21. Other Stipulations
Keatech warrants that all information contained in all communications with the Customer, including the quote/order confirmation and Conditions, is correct and accurate. However, Keatech makes reservations for typos and the like.
These Conditions are valid as of 24/02/2023. Updated on 24/07/2024.