Terms & Conditions

These terms apply to the Autex garage management software, mobile apps, websites and customer pages we provide, and any related services (together, the “Service”). By signing up for, paying for or using the Service, you agree to these terms on behalf of your business. If you’re agreeing for a business, you confirm you’re authorised to do so. How we use personal information is explained in our privacy policy.

1. Who we are

• JN Investment Partners Ltd, trading as Autex
• Registered in England and Wales, company number 14999640
• Registered with the Information Commissioner's Office, reference ZB930190
• Email: [email protected]

In these terms “we”, “us” and “our” means JN Investment Partners Ltd, and “you” and “your” means the business using the Service.

2. Business use only

The Service is for businesses. You confirm you’re using it for the purposes of your trade or business and not as a consumer.

3. The Service

We provide the Service as it exists from time to time. We may change, improve, add or remove features, integrations and third-party services. If we remove something that’s central to how you use the Service, we’ll give you reasonable notice where we can.

Features we describe as new, beta, trial or free are provided as they are, may change or stop at any time, and aren’t covered by any commitment in these terms.

4. Your account and users

You’re responsible for:

• who you give access to, what access they have, and everything done under your account
• keeping sign-in details, PINs and devices secure, and removing access for people who leave
• making sure the information you give us and put into the Service is accurate and kept up to date

Tell us straight away if you think someone has accessed your account without permission.

5. Acceptable use

You must not, and must make sure your users don’t:

• use the Service unlawfully, or to send spam or messages people haven’t agreed to receive
• upload anything unlawful, harmful or that you don’t have the right to use
• try to get into our systems or another customer’s data, or test, scan or probe them
• interfere with, disrupt or put undue load on the Service
• copy, resell, sublicense or reverse-engineer the Service, or use it to build a competing product, except as the law allows
• access the Service by automated means we haven’t agreed to

6. Your responsibilities

You’re responsible for how you run your business, including:

• complying with the law and industry rules that apply to you, including consumer, MOT, tax, VAT and data protection law
• the prices, terms, invoices, estimates and messages you give your customers, and checking they’re correct
• having a lawful basis for the information you put into the Service, giving your customers your own privacy notice, and having any consent needed to send them reminders, marketing and messages
• the work you carry out, and any advice or decisions you make, whether or not the Service helped with them
• checking that anything the Service sends to your accounting software, payment provider or other connected services is correct
• keeping your own copies of records you’re legally required to keep

7. Information and outputs

Any information, calculations, suggestions or other output provided through the Service, however it’s produced, is for general guidance only. It may be incomplete, out of date or wrong, and doesn’t replace your own professional judgement. You’re responsible for checking it before you rely on it or use it.

This includes technical and vehicle information such as fluid types and capacities, torque settings, specifications, procedures, service schedules, repair times and parts fitment. Before carrying out any work, you must check it against the manufacturer’s information and the vehicle itself. You’re responsible for the work you carry out and its results, including any damage to a vehicle, part or property.

8. Third-party services

The Service works with services run by other organisations, such as vehicle and MOT data providers, parts suppliers, payment providers, accounting software, messaging and email services, and maps. Their terms and charges apply to your use of them. We don’t control them and aren’t responsible for their availability, accuracy, charges or anything they do. They may change or withdraw their services, which may affect features of the Service.

Payment processing services for garages on Autex are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a garage on Autex, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Autex enabling payment processing services through Stripe, you agree to provide Autex accurate and complete information about you and your business, and you authorise Autex to share it and transaction information related to your use of the payment processing services provided by Stripe.

9. Fees and payment

• You’ll pay the fees we agree with you. Unless we agree otherwise, fees are billed monthly in advance and are exclusive of VAT, which is added at the applicable rate.
• Some things are charged on top based on use, such as messages, listings and third-party services. We’ll tell you about these charges before you use them.
• We may change our fees by giving you at least 30 days’ notice. If you don’t agree, you can cancel before the change takes effect.
• Fees already paid aren’t refundable, including for part of a billing period, unless we agree otherwise or the law requires it.
• If a payment is late, we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998, and suspend the Service until it’s paid.

10. Cancelling

The Service runs month to month until either of us ends it. You can cancel at any time by emailing [email protected]. The Service ends at the end of your current billing period, and fees already paid aren’t refunded.

We may end the Service at any time, with or without notice. If we end it without you being at fault, we’ll refund any fees you’ve paid for the period after it ends.

When the Service ends, your access and your users’ access stop, and anything the Service provides for you, including websites, customer pages, bookings, messages, payments and connections to other services, may stop working. Any unpaid fees become due straight away. For 30 days afterwards you can ask us for a copy of your data in a format we choose. After that, we may delete it, apart from anything we need to keep by law or that’s held in backups until they’re replaced.

11. Suspension

We may suspend, restrict or remove access to all or part of the Service, for you or any user, at any time and without notice, including if you don’t pay, break these terms, misuse the Service, create a risk to the Service or anyone else, become insolvent or stop trading, or if the law or a third-party provider requires it. Fees remain payable while the Service is suspended because of something you’ve done or not done.

We’re not liable for any loss caused by suspending, restricting or ending the Service in line with these terms.

12. Availability and support

We’ll use reasonable efforts to keep the Service available and working, and to provide reasonable support by email during normal business hours. We don’t promise the Service will always be available, uninterrupted, error-free or secure. It may be unavailable for maintenance, updates or reasons outside our control, and we’re not responsible for problems caused by the internet, your equipment or third-party services.

13. Your data and our intellectual property

You own the data you put into the Service (“Your Data”). You give us the right to host, copy, process and use Your Data as needed to provide, support, secure and improve the Service.

We and our licensors own the Service and everything in it, including software, designs, content and any improvements, whether or not they came from your suggestions. You get a non-exclusive, non-transferable right to use the Service for your business while you pay for it. If you give us feedback or ideas, we may use them freely.

We may create anonymous and aggregated information from use of the Service, which doesn’t identify you or any person, and use it for any purpose, including to improve and develop our products.

14. Data protection

When we process personal data on your behalf, Schedule 1 below applies and forms part of these terms. We use personal data we control as explained in our privacy policy.

15. Confidentiality

Each of us will keep the other’s confidential information confidential and use it only for the purposes of these terms, except where it’s already public, was independently developed, or must be disclosed by law. Our pricing and the non-public parts of the Service are our confidential information.

16. No other promises

Apart from what these terms expressly say, the Service is provided “as is” and “as available”, and all other warranties, conditions and terms, whether implied by law or otherwise, are excluded to the fullest extent the law allows.

17. Our liability

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that can’t be limited or excluded by law.

Subject to that, we aren’t liable, whether in contract, negligence or otherwise, for:

• loss of profit, revenue, business, contracts, customers, goodwill or anticipated savings
• loss or corruption of data, beyond using reasonable efforts to restore it from our latest backup
• downtime, business interruption or the cost of replacement services
• fines, penalties, tax, interest or claims by HMRC or any regulator
• claims made against you by your customers or anyone else
• anything caused by third-party services, information or suggestions shown in the Service, or your failure to check them
• damage to any vehicle, part, equipment or property, or the cost of putting it right, arising from work carried out by you or anyone else
• any indirect or consequential loss

Subject to the above, our total liability to you for all claims arising out of or in connection with these terms or the Service, in any 12-month period, is limited to the fees you paid us for the Service in the 12 months before the first event giving rise to a claim. Claims arising from the same or connected events count as one claim.

You must tell us about any claim within 12 months of becoming aware of the events giving rise to it, or we won’t be liable for it.

18. Your liability to us

You’ll compensate us for any losses, costs (including reasonable legal costs), fines and claims we suffer because of Your Data, your use of the Service or third-party services through it, your breach of these terms or the law (including data protection and marketing law), or any claim by your customers, staff or anyone else relating to your business.

19. Our staff

While you use the Service and for 12 months afterwards, you won’t employ or engage anyone who has worked for us on the Service in the previous 12 months without our written agreement.

20. Events outside our control

We’re not liable for any delay or failure caused by events outside our reasonable control, including failures of the internet, power, hosting or third-party services, cyber-attacks, strikes, illness, severe weather and acts of government.

21. Changes to these terms

We may update these terms from time to time. We’ll give you at least 30 days’ notice of changes that materially affect you, by email or in the Service. If you don’t agree, you can cancel before they take effect. If you keep using the Service after that, the updated terms apply.

22. General

• These terms, and anything we agree with you in writing about fees, are the whole agreement between us about the Service, and replace anything said or written before. You haven’t relied on anything not set out in them.
• We may transfer our rights and obligations, or use subcontractors. You may not transfer yours without our written agreement.
• If part of these terms can’t be enforced, the rest still applies. Not enforcing a right straight away doesn’t mean we’ve given it up.
• Nobody else has any right to enforce these terms.
• We may send notices to the email address on your account. You can send notices to [email protected].
• These terms, and any dispute or claim arising from them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Schedule 1: Data processing

This schedule applies when we process personal data on your behalf as your processor, as required by Article 28 of the UK GDPR. You are the controller of that data.

What we process

• Subject matter and purpose: providing the Service to you.
• Duration: while we provide the Service, and afterwards as set out in section 10.
• People: your customers and their drivers and contacts, your staff and users, visitors to websites and customer pages we provide for you, and anyone else whose information you put into the Service.
• Types of data: contact details, vehicle and job details, bookings, estimates, invoices and payments, messages, photos, signatures, notes, recordings and website usage information, and anything else you put into the Service.

Our commitments

We will:

• process the data only on your documented instructions, which are these terms and your use of the Service, unless the law requires otherwise, and tell you if we think an instruction breaks data protection law
• make sure people authorised to process it are bound by confidentiality
• take appropriate technical and organisational measures to keep it secure
• taking into account the nature of the processing, give you reasonable help to respond to requests from people exercising their rights, and with security, breach notifications, impact assessments and consultations with the regulator
• tell you without undue delay after becoming aware of a personal data breach affecting the data
• when the Service ends, delete or return the data as set out in section 10, unless the law requires us to keep it
• make available information reasonably needed to show we’re meeting this schedule

Sub-processors

You give us general authorisation to use other processors (“sub-processors”) to help provide the Service. We’ll put in place written terms with each that give the protection data protection law requires, and we remain responsible for them. You can ask us for our current list. We’ll let you know of intended changes, and you may object within 14 days on reasonable data protection grounds. If we can’t resolve your objection, your remedy is to cancel the Service.

International transfers

You agree we and our sub-processors may process the data outside the UK, provided the transfer is protected by safeguards recognised under UK data protection law.

Your commitments

You confirm you have a lawful basis for the data you put into the Service and for your instructions, and that you’ve given people the information the law requires. Information we provide under this schedule, and any audit or inspection, will be at your cost, on reasonable notice, no more than once a year, and subject to confidentiality and our security requirements. Help beyond what the law requires of us may be charged at our reasonable rates.

Contact

Questions about these terms go to [email protected].