Terms & Conditions
These Terms & Conditions ("Terms") govern the supply and use of all services provided by TNS 365 Ltd (company registered in England & Wales), together with your use of the tns365.com website and associated customer portals. By submitting an enquiry, signing up for an account, instructing us to attend a breakdown, using any of our software, or otherwise engaging our services, you confirm that you have read, understood, and agreed to be bound by these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you warrant that you have authority to bind that entity and its group companies.
1. Definitions
- "TNS 365", "we", "us", "our": TNS 365 Ltd, a company registered in England & Wales.
- "Customer", "you", "your": the person, business, fleet operator, haulier, rental firm, insurer, broker or other entity engaging our services.
- "Services": breakdown coordination and dispatch, 24/7 call handling, call overflow, customer portals, engineer apps, invoicing software, and any other services we make available from time to time.
- "Attending Agent": any independent third-party engineer, recovery operator, tyre fitter, mechanic, bodyshop, repair provider, or other contractor to whom we refer, dispatch or forward a job on your behalf.
- "Job": any breakdown, repair, recovery or assistance instruction logged by or on behalf of the Customer.
2. Our Services
TNS 365 provides a booking, coordination and dispatch service to the commercial vehicle, fleet and haulage sectors. In particular, we:
- Receive and triage breakdown, recovery and repair requests on a 24/7 basis.
- Identify and instruct suitable Attending Agents to attend the Job.
- Provide portals, dashboards, and software tools so you can log, track, and review Jobs.
- Handle inbound and outbound calls on behalf of clients who outsource their call handling to us.
- Collect, invoice and (where applicable) reconcile charges across Jobs.
3. Our Role as Intermediary — Limitation of Liability for Works
TNS 365 Ltd operates solely as a booking, coordination and dispatch service connecting customers with independent third-party Attending Agents. We do not carry out, supervise or warrant any repair, recovery, tyre-fitment, mechanical, bodywork or roadside work ourselves. All such work is performed by the Attending Agent on their own account, under their own insurance, and subject to their own terms.
Accordingly, TNS 365 Ltd accepts no liability whatsoever — whether in contract, tort (including negligence), breach of statutory duty or otherwise — for the quality, workmanship, timeliness, suitability or safety of any work carried out, for any parts supplied or fitted, or for any loss, damage, injury, delay, downtime, consequential or economic loss arising from or connected to such work.
Any claim, complaint, warranty issue or dispute relating to work performed, parts supplied, damage caused, or conduct on site must be raised directly with the Attending Agent who attended the Job. On request we will forward such matters to the relevant Attending Agent in all cases as a goodwill administrative courtesy, but this does not constitute acceptance of liability, agency, or any duty of care by TNS 365 Ltd.
Nothing in this clause seeks to exclude or limit liability for death or personal injury caused by our own negligence, for fraud, or for any liability that cannot lawfully be excluded.
4. Your Obligations
You agree to:
- Provide accurate, complete and up-to-date information about the vehicle, location, fault, driver, and any safety hazards when logging a Job.
- Ensure that anyone logging Jobs or using our portals on your behalf is authorised to do so and to incur charges on your account.
- Comply with all applicable laws, regulations and operator-licence obligations in connection with your use of the Services.
- Not misuse the Services, our software or portals, including by attempting unauthorised access, introducing malicious code, or using automated scraping.
- Keep login credentials confidential and notify us immediately of any suspected compromise.
5. Pricing, Invoicing & Payment
We operate on standard 30-day payment terms (unless otherwise agreed in writing), based on the invoice date and within your allocated credit limit. All invoices must be settled in full within this period.
Where a Customer reaches their agreed credit limit before the usual due date, payment may be required earlier, or we can review and potentially increase your credit limit on a case-by-case basis.
New customers may be asked to pay in advance via credit or debit card, bank transfer, or another agreed payment method while an account is being established. Once a payment history has been built and invoices are settled reliably within terms, a formal credit facility can be extended or increased. Initial credit limits are typically set at up to £2,500 and may be increased over time subject to credit checks and trading history.
Invoices are issued in GBP and include VAT at the prevailing UK rate (currently 20%). Please ensure your accounts department has the correct billing contact and email address to avoid delays.
Late payments may incur statutory interest and late-payment fees as permitted under the Late Payment of Commercial Debts (Interest) Act 1998. Persistent late payments may lead to the account being placed on hold, moved to a pre-payment basis, or terminated.
6. Invoice Queries & Disputes
All invoice queries or disputes must be raised in writing within 7 days of receiving the invoice. After this period, the invoice is deemed accepted and payable in full. Raising a query in respect of a single line item does not entitle you to withhold payment of undisputed amounts.
7. Title to Goods & Parts
All goods, parts, and services supplied remain the property of TNS 365 Ltd (or the relevant Attending Agent, as applicable) until all invoices relating to them are paid in full. Should invoices remain unpaid beyond agreed terms, we reserve the right to recover any fitted parts or equipment, and/or withhold further service until payment is received.
8. Cancellation & Suspension
Either party may terminate an ongoing service arrangement by giving reasonable written notice, subject to settlement of any outstanding invoices. We reserve the right to suspend or terminate Services immediately where:
- Invoices remain unpaid beyond agreed terms;
- We reasonably suspect fraud, misuse, or material breach of these Terms; or
- Continued provision would expose us or any Attending Agent to unreasonable risk.
9. Warranties & Limitation of Liability
The Services are provided on a commercially reasonable basis. Except as expressly stated in these Terms, and to the fullest extent permitted by law, we exclude all warranties, conditions and representations (whether express or implied) relating to the Services, the website, portals or software.
Subject to clause 3 above, and save for liability which cannot lawfully be limited (death, personal injury caused by our negligence, fraud, or any other non-excludable liability), our total aggregate liability to you in any 12-month period, whether in contract, tort or otherwise, shall not exceed the total fees paid by you to TNS 365 Ltd in that period, excluding any pass-through charges relating to work performed by Attending Agents.
In no event shall we be liable for any indirect, special, incidental, punitive or consequential loss, including loss of profit, loss of revenue, loss of business, loss of goodwill, or loss arising from vehicle downtime.
10. Indemnity
You agree to indemnify and hold harmless TNS 365 Ltd against any claims, losses, damages, fines or costs (including reasonable legal fees) arising out of:
- Your breach of these Terms;
- Any inaccurate, incomplete or unlawful information you provide to us;
- Unauthorised use of your account; or
- Any third-party claim against us that arises out of works you instructed an Attending Agent to carry out.
11. Data Protection & Privacy
Our collection and use of personal data in connection with the Services is governed by our Privacy Policy, which forms part of these Terms. By using the Services you acknowledge the practices set out there.
Calls may be recorded for training, quality and evidential purposes. Where call recordings are shared with Attending Agents, insurers or other relevant parties for the handling of a Job, this is done on a legitimate interests basis.
12. Intellectual Property
All content on the tns365.com website, our portals, software, branding and documentation (including text, graphics, logos, layouts and code) is owned by or licensed to TNS 365 Ltd and protected by copyright, trade mark and other intellectual property laws. You may not reproduce, reverse-engineer, resell, or exploit our content or software without our prior written consent.
13. Force Majeure
We shall not be liable for any delay or failure to perform our obligations caused by events outside our reasonable control, including (without limitation) acts of God, severe weather, flood, fire, pandemic, war, terrorism, strikes, industrial action, power or telecoms failures, cyber-attacks, or failures of third-party suppliers or Attending Agents.
14. Assignment
You may not assign, sub-licence or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights and obligations, including to a successor business, without restriction on giving reasonable notice.
15. Changes to These Terms
We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practice. The current version will always be available on this page, with the "Last updated" date below. Material changes will, where appropriate, be notified to account holders by email or through the customer portal. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
16. Severability & No Waiver
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force. A failure or delay by us in enforcing any right under these Terms shall not constitute a waiver of that right.
17. Entire Agreement
These Terms, together with any written order, quotation, statement of work or framework agreement signed between us, constitute the entire agreement between you and TNS 365 Ltd in relation to the Services, and supersede any prior understandings or representations.
18. Governing Law & Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.
19. Contact
If you have any questions about these Terms, or need to raise a query or complaint, please contact us. For matters relating to work performed at a Job, please contact the Attending Agent directly in the first instance (see clause 3).
Last updated: April 2025 — Clarified initial credit limits (typically up to £2,500) and the process for customers to request a higher limit, subject to credit checks and trading history.
Previously updated: September 2024 — Initial publication of these Terms & Conditions.