General
GeoCat B.V., Veenderweg 13, 6721 WD Bennekom, The Netherlands (hereinafter “Service Provider”) is available at *.live.geocat.net, and other user registered domains for products, software and services (hereinafter referred to as “GeoCat Live” or “Live”). By using these services you agree to these Terms and Conditions (hereinafter “GTC”). The service provider reserves the right to change the terms and conditions at any time without notice. If any provision of these Conditions is or become invalid, the validity of the remaining provisions remains unaffected. The service provider reserves all copyrights and other rights to GeoCat Live. You must not remove, cover, or alter legal notices (such as copyright or trademark). You must not use the trademarks of GeoCat Live for your own purposes, no matter what kind. By the violation of the provisions, you will forfeit your right to use the services, and the service provider will be entitled to close your account or block the access to the services. These Terms constitute the entire agreement between you and the service provider, and replace all prior agreements under this title. Verbal agreements are of no value. The terms apply in every case in accord with Dutch law, regardless of your location. The competent jurisdiction court is at the seat of the service provider.
Performance by the service provider
The service provider does not guarantee that (i) the services correspond to your requirements or expectations, (ii) the services be continuous, reliable and error free, (iii) the results you receive by the use of the services be correct and reliable. The service provider is not responsible for direct or indirect damage of any kind that results through: (i) the use and/or the inability to use the services, (ii) changes in the services, (iii) temporary non-availability of services, (iv) or any other cause in connection with the services. The service provider will monitor the availability of the services, and provide technical support on a “best effort” basis, in order to solve problems related to the non-availability of the services. This monitoring and intervention will be offered during weekdays, and office hours in CET. Our first priority is to solve problems that are caused by (i) failures on the underlying infrastructure. We will try to solve, but will not be made responsible by (ii) problems related to the underlying software and (iii) problems arising from the incorrect use of the services, originated by inadequate operations, settings or data. The service provider offers a 99% Uptime SLA for GeoCat Services. Lost time caused by (i) is discounted from your bill, in the next billing period.
Data Integrity
User data will be backed up by us on a daily basis. In the advent of server failure it would be restored to the latest backed up state. Although we do implement several levels of resilience, we cannot be made responsible in the unlikely event that all of them would fail. In that case, we would offer you assistance in uploading your data again, free of charge. We assume no liability for direct damages, secondary damages or lost profits due to technical problems and disturbances within the Internet that are not under our sphere of influence. If you use our backup services, you must understand and agree to these terms.
Privacy
Personal data of customers will only be collected and used, if required for the creation, content arrangement or modification of the contractual relationship. The client is obligated to keep update this data up to date. The client’s Email address will only be used for information on orders, for invoices and – provided that the client does not object – for customer care as well as for our newsletter, if the client so wishes. We do not give any personal client information to third parties, with the exception of service partners. The client has the right over his information and a right to amend, to suspend or to delete his saved information. If deletion conflicts with a legal or contractual duty to save information, or other legal grounds, the information will be made inaccessible.
Unless advised otherwise, by special arrangements, the location of the data centres is in Europe and they are bounded to the European Privacy Laws, in particular to the EU Data Protection Directive, also known as Directive 95/46/EC.
Your use of the Services
You agree to use the Services only in accordance with (i) the terms contained herein and (ii) with the regulations and legislation relevant to you. In order to use these services, the service provider requires you to register for an account. You must provide all necessary information during registration completed correctly and truthfully and you must keep it up to date. You are also responsible for the security of your password. It is not permissible to create accounts automatically. You agree not to intentionally disrupt the services in any manner. You agree not to reproduce the Services for any purpose, or copy, sell, trade or redistribute. You must agree to the privacy policy of the service provider. The service provider reserves the right (but is not obligated) to review content or services within the accounts, or filter, modify, reject or delete them. You acknowledge that you must not publish through GeoCat Live data that is offensive, indecent or objectionable in any other manner.
Purpose
The service provider provides its registered members a Spatial Data Infrastructure (hereinafter “SDI”), which allows them to store and publish data and metadata on the Internet using OGC Web Services (hereinafter “OWS”). Unless advised otherwise by any special arrangements, these services are provided by a stack of Free and Open Source Software (hereinafter “FOSS”). The members are solely responsible for data, metadata, or any additional resources, which they upload to the SDI.
The Service provider, its agents, employees and auxiliary persons decline any responsibility over the content of the information published by the members, and GeoCat B.v. shall not be liable for any resulting damages by the publication. The service provider is not obliged to check the behavior of its members in connection with the use of live. In particular, the service provider is indeed entitled, but not obliged, to check on the legality or any other aspect of content published by its members.
Subscription
Products
The use of GeoCat Live Standard and Plus is subject to these Terms and Conditions as well as the following specific provisions. All products are charged monthly or yearly. Upgrade can be done at any time. Any refund is excluded. Reimbursement is explicitly excluded in the following cases: failure of services during the subscription period, downgrade, partial use of the services, change of the functional scope.
Subscription period, billing
The paid services are automatically charged every month or every year, depending on the type of contract, from the member’s account, and run until the termination of the subscription.
Termination of Live subscriptions
The GeoCat Live subscription can be terminated at any time and runs until the end of the paid period.
Price
The Service Provider reserves the right to change prices of all services at any time. Price changes will be communicated at least one month before the date on mail. The service provider can not be held responsible to you or any third party for changes in prices or resulting from price changes consequences.
Changes
The service provider has the right to change these terms at any time.
