as of 1st September 2019
THESE GENERAL TERMS OF SERVICE (the “Terms”) are a legal and binding agreement between plumplot s.r.o., a Czech corporation (“PlumPlot” or “We” or “Service Provider”) and you, or if you represent an employer or client, than the employer or client (“You” or “Client”), governing your use of PlumPlot Area Insights (“Area Insights”, http://a.plumplot.co.uk) website and all other related services that PlumPlot provides (collectively the “Services”) through the Website, the HTML snippet, or through other channels.
PlumPlot reserves all rights to change or update these Terms at any moment and at its sole discretion, by posting on the Website or by providing any other notice, and your rights under these Terms will be subject to the most current version posted on the Website at the time of use, and for any major change we will notify you at least 30 days before its entry into effect.
PLEASE CAREFULLY READ THESE CONDITIONS. BY SUBSCRIBING TO THE SERVICES OR BY ACCESSING OR USING THE WEBSITE, THE SNIPPET, THE SDKS YOU AGREE THAT YOU HAVE READ AND AGREE, WITHOUT RESERVATIONS, TO BE BOUND BY THE LATEST VERSION OF THE AGREEMENT BEING THE FOLLOWING DOCUMENTS, LISTED BY ORDER OF PRIORITY:
Each capitalized term in the present Terms or in any document that is part of these Terms shall have the meaning given below unless otherwise expressly stated. ”Data” means Client’s electronic data, whether or not personal data, which are collected, managed, processed and/or shared by Client and Service Provider, through the Area Insights access and use rights. ”Area Insights” or “Insights” means the PlumPlot externalized application solution that is hosted on the servers and/or cloud that Service Provider designates and that Client may execute remotely.
The Area Insights offers various features, including, but not limited to, monthly data updates, data visualisation (”Visualisation”), data aggregation, data comparison, visualisation of geographical boundaries. Service Provider expressly reserves the right, at any time during the term of the Agreement, to adapt, arrange and/or modify any of the components granting access and use rights to the Area Insights and the associated documentation, provided that the maintenance and support commitments are complied with for these operations. Similarly, PlumPlot may, at any time, discontinue providing a platform deemed undesirable and/or obsolete and migrate services to a new infrastructure; in which case, PlumPlot will endeavor to inform You as early as possible should it mean Service interruption longer than one hour.
Intellectual Property Right” means any patent, patent application, copyright, moral right, trade name, trademark, service mark, trade secret, and any application or right to apply for registration, Internet domain names, logos, designs, slogans, and general intangibles of a similar nature, computer software programs and source codes or applications, tangible or intangible proprietary information, know-how, proprietary processes, formulas, algorithms, or any other intellectual property right, whether registered or unregistered, and whether first created before or after the effective date of the Agreement.
”Website” means the web pages associated with the technological features of the Area Insights described in the Area Insights Documentation that can be accessed by Client.
PlumPlot provides user interface (“UI”) which allows interactively explore and analyze the following open data datasets: Price Paid data, Reported crime data and Population estimates. UI allows to compare and aggregate property prices, crime rates and population statistics across England and Wales. User interface is supported for personnal computers. Mobile devices are not supported, however, UI may work on them.
We shall use reasonable efforts, to ensure that the latest open data datasets are available to the user. We shall provide second level support for the Area Insights (“Support”), consisting of responding to the user's requests for information and assistance in connection with use of the Area Insights. A Support ticket is to be made by sending a request at ku.oc.tolpmulp@ksa, including as much detail as possible relating to the request for support.
You shall not interfere with or disrupt operation of the Area Insights and shall comply with the Operating Policies for access to and use of the Services. You subscribe to the Services in your name and on your behalf, and You are not entitled to assign the use of all or part of the Services to your own Clients, even for free.
You are free to copy, publish, distribute and transmit the Visualisations, exploit it commercially and non-commercially for example, or by including it in your product or application. You must (where you do any of the above): acknowledge the source of the Information in your product or application by including or linking to any attribution statement specified by the License page and, where possible, provide a link to OGL. This does not cover third party rights the Service Provider is not authorised to license (e.g. the Visualisation on the map); other intellectual property rights, including patents, trade marks, and design rights; and identity documents; personal data in the Information; military insignia; .
You shall keep confidential and secure all credentials, User IDs and passwords associated with your account, whether such credentials have been granted by Us or by yourself and to immediately notify Us of any unauthorized use of Your account, or of any theft or loss of credentials allowing access to the account. Each account is personal and can only be accessed and used by You. You recognize and acknowledge that You may be liable for any unlawful, wrongful or fraudulent use of the account and You shall indemnify and hold Us harmless against any action or claim arising from such use.
You undertake to comply with the legislation and regulations applicable to the processing of personal data in the country where they are collected, including, if applicable, European General Data Protection Regulation 2016/679 (GDPR). To this end, You shall be responsible for carrying out all mandatory reporting formalities.
You are hereby advised that, unless an agreement has been signed by the Parties to this end, the Area Insights shall not be used to process sensitive personal data, especially personal data of a medical nature or pertaining to health conditions.
You undertake not to use the Website and Area Insights in a manner that may lead to any civil or criminal action whatsoever, and shall indemnify and hold Us harmless from any action on such grounds.
You acknowledge that We have the right, but not the obligation, to monitor the Area Insights and any Data submitted to the Area Insights. To comply with legal obligations in this respect, We may take any actions We reasonably believe are necessary to prevent unlawful activity in connection with the Area Insights.
You (i) shall comply with all laws and regulations in force that are applicable in any country from which You access the Website and/or use the Area Insights, and (ii) shall indemnify and hold Us harmless from any action brought against Us, judgment entered against Us or loss We may sustain due to Your non-compliance with the applicable laws and regulations.
Furthermore, You agree to reimburse Us for any action or formality We may be required to carry out to comply with a legal demand or request from an administrative or judicial authority.
In the event You become aware of a violation by any third party of any provision of these Terms or of any laws or regulations and, in particular, if You become aware of a security breach by a third party or discover a security breach, You shall immediately notify Us by any means, including by sending an email to ku.oc.tolpmulp@ksa.
We offer various paid options to our Clients, with a fixed commitment period. You can find these options and the relevant pricing on our website at: a.plumplot.co.uk. The pricing of these plans is available in British Pound - GBP.
Paid plans with a fixed-term commitment (generally set to one months or three months) are available to anyone. Premium features can also be added. For these plans, your subscription shall be payable upfront.
Payment may be made by credit card. You authorize PlumPlot to charge the credit card or bank account.
If you are not fully satisfied with your purchase, please send an email to ku.oc.tolpmulp@ksa, explaining why our Services didn't meet your expectation. You may get partial or full refund of your payment.
The Services are reserved exclusively for professional use, and the terms of the EU Directive 2011/83/UE of the European Parliament and of the Council of 8 October 2008 on consumer rights are not applicable.
Each Party may also terminate the plan in advance in the event the other Party materially breaches the Agreement and fails to cure such material breach within thirty (30) calendar days after receipt of a notice of such breach, sent by certified mail, return receipt requested. Notwithstanding the foregoing, termination may be immediate in the event of the following circumstances: In the event of a breach of any laws and regulations ; in the event of a breach or attempted breach of the security of the Website; or, in the event of fraud or attempted fraud in connection with use of the Website or the Area Insights.
Termination of an account upon PlumPlot’s initiative
PlumPlot may terminate your Account and the performance of Services at its sole discretion under the following circumstances:
after You have been notified by PlumPlot following any breach of laws or regulations or these Terms, in the event of a breach or attempted breach of the Website security; or, in the event of fraud or attempted fraud when using the Website.
Consequences of the termination
Upon expiration or termination of your account for any reason whatsoever, all amounts still owed by You, including collection fees, if any, shall become due and payable immediately. We will not refund any prepaid fees.
PlumPlot makes all reasonable efforts to deliver a functional Service and substantially compliant with its documentation but does not guarantee an error- or “bug”-free service. If You notice a non-compliance issue, You must notify PlumPlot as soon as possible and PlumPlot undertakes to make every reasonable effort to remedy the non-compliance issue, as this is Your only recourse.
PlumPlot also ensures that Support Services will be provided, where appropriate, according to the description given in the Specific Terms signed by You, where applicable, and proper codes of practice, as the Service Provider is only bound by an obligation of means in this instance.
You declare, warrant and agree, in PlumPlot’s favor, that: (1) You have the right and authority to subscribe and use the Services, and accept these Terms, and if You accept the Agreement on behalf of a corporation or other entity, to link that company or other entity hereunder; (2) You have the right and executing authority of your obligations under these Terms; and, (3) all Data, information or content that You provide to PlumPlot in the context of your access to the Website and use of the Services is accurate and up-to-date.
Furthermore, You acknowledge that PlumPlot does not control the transfer of Data via the Internet, and cannot be held responsible for delays or delivery problems arising from the Internet or other outside connection issues.
The Area Insights, as well as the Website may include links to other websites or other Internet sources. Insofar as We cannot control these sites and external sources, PlumPlot cannot be held responsible for the availability of such external websites or sources, and may not be held liable in any way for the content, advertising, products, services or other materials on or available from such external websites or sources. PlumPlot provides links only as a convenience, and such inclusion of any link does not imply that We endorse the linked websites or any part of their content. Such linked websites may impose on You terms and conditions applicable to Client and the website owner and/or fees for use of such website. In addition, PlumPlot cannot be held responsible for the behavior or actions of other users, nor for any proven or alleged damage or loss subsequent to or in connection with access to, use of or the fact of having relied upon the content, products or services available on such external sites or sources.
PlumPlot will be freed from the performance of Services, following an event of Force Majeure, as defined in article 11 of these Terms.
Furthermore, for maintenance reasons, PlumPlot may suspend temporarily access to the Services; in such cases, PlumPlot will endeavor to forewarn You and to keep the length of the interruption to a minimum.
In any event, PlumPlot (including its third party suppliers, one of its employees or representatives) may not, under any circumstances, be liable for indirect or consequential damages of any kind, including and without limitation, loss of revenue, profits, chance, business interruption, or Data loss, even if the parties were informed of the possibility of such damages.
Moreover, as to any indirect PlumPlot subscriber, in no event shall PlumPlot be liable for any End User.
In all cases, PlumPlot’s total liability is limited, all damage combined, to the amount paid by You to PlumPlot, if any, for use of the Website and Services during the twelve (12) months preceding the date on which the damage occurred. This limitation does not apply to damage due to willful misconduct or gross negligence.
You acknowledge that You have subscribed to the services with knowledge of (i) the risks related to them, and (ii) the level of risk accepted by You. The prices applicable have been agreed upon in consideration of this clause, which is integral to the economic balance of the Agreement.
11.1 PlumPlot shall not be responsible for any default or delay due to causes beyond its control including, without limitation, strikes, lockouts, shutdown of Internet connections by Internet provider, cyber-attacks on the Website (“Force Majeure”).
11.2 If a Force Majeure event occurs, this Agreement shall be automatically suspended during the time the Force Majeure event continues, and neither Party shall be liable to the other for non-performance or delay in the performance of required obligation(s) due to the Force Majeure event, provided the non-performing Party gives prompt written notice of its inability to perform specified obligation(s) due to the event and uses reasonable efforts to resume its performance of its obligation(s) as soon as possible. It is agreed that the other Party may, during the time the Force Majeure event continues, similarly suspend performance of its obligations until such time as the non-performing Party resumes performance of its obligation(s). The Parties shall meet to jointly determine the conditions for resuming performance of the Agreement as soon as possible. If a Force Majeure event continues for more than a period of sixty (60) days, the Agreement may be terminated by either Party, by giving notice by certified mail, return receipt requested, effective immediately, if the impacted obligations are material obligations under the Agreement. Notwithstanding the foregoing, in no event shall a Force Majeure event excuse or delay a Party’s obligation(s) with respect to confidentiality or Intellectual Property Rights.
12.2 Each Party undertakes to treat as confidential, and to not reproduce or disclose, other than for the sole purposes of performing the Agreement, the information and documents disclosed by a Party (“Disclosing Party”) to the other (“Receiving Party”) during the performance of this Agreement or prior to its signature, and which, (i) because of their technical, commercial or financial content should be kept confidential or because they contain elements that have not publicly disclosed and/or are purely personal to the relevant Party, (ii) or have been identified in writing, at the time of disclosure, as confidential and/or proprietary (collectively “Confidential Information”). Confidential Information shall include, but is not limited to, the provisions of this Agreement (but not its existence), commercial secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, bug reports, analysis and performance information, electronic documents, and other technical, commercial, marketing and financial information, as well as any plans and Data.
The Receiving Party shall use the same degree of care to protect the confidentiality of the Disclosing Party’s Confidential Information that the Receiving Party uses to protect and keep confidential its own Confidential Information of a similar nature but in no event less than reasonable care. However, Service Provider may disclose Client’s Confidential Information to its own third party providers solely to the extent necessary to provide products or services under the Agreement, provided that Service Provider has a confidentiality agreement in place with such third party provider that protects such Confidential Information in a manner no less protective than the Agreement.
Both Parties acknowledge that any breach of its obligations with respect to Confidential Information may cause the other party irreparable injury for which there are inadequate remedies at law, and that the Disclosing Party shall be entitled to seek equitable relief in addition to all other remedies available to it. Client shall not disclose to a third party the results of any performance tests conducted on the Area Insights, without the prior written consent of Service Provider.
Confidential Information shall not include information that: (i) is or becomes publicly available through no act or omission of the Receiving Party; (ii) was in the Receiving Party’s lawful possession prior to the disclosure and was not obtained by the Receiving Party either directly or indirectly from the Disclosing Party; (iii) is lawfully disclosed to the Receiving Party by a third party without restriction on the Receiving Party’s disclosure, and the Receiving Party was not aware that the information was the Confidential Information of the Disclosing Party; or, (iv) is independently developed by the Receiving Party without breaching this Agreement. The Receiving Party may disclose Confidential Information of the Disclosing Party as needed to comply with a court order, subpoena, or other government demand (provided that the Receiving Party first notifies the Disclosing Party and gives the Disclosing Party the opportunity to challenge such court order, subpoena, or government demand).
12.3 Notwithstanding the provisions of Section 13.1, the Parties agree that commercial references of one Party, such as the Parties’ names, trademarks, domain names and other distinctive signs, shall not be treated as Confidential Information by the other Party, provided no changes are made thereto that might adversely affect the first Party. In particular, each Party shall be entitled to mention the other Party’s name, use its logo or brand, and provide an objective description of the nature of the services that are the subject of the Agreement in its lists of references, Client testimonials, and in proposals and case studies made to prospects and clients, interviews with third parties, communications to its staff, internal management forecasts, annual reports to shareholders, and in cases where required by legal, statutory or accounting provisions.
13.1 Transfer of the Agreement - Change of Control
For the avoidance of doubt, it is hereby reiterated that Client has a personal, temporary, non-transferable and non-exclusive right to access and use the Area Insights.
Under these conditions, it is expressly agreed that Client shall not transfer the Agreement or any right derived from the access and use of the Area Insights to a third party, whether by a contribution, assignment, concession, merger, demerger, loan or otherwise, including without consideration, or within the group to which Client belongs, without Service Provider’s prior written agreement.
Service Provider reserves the right to use subcontractor(s) of its choice to provide the services in connection with the Services, and shall remain liable to Client for the performance thereof in accordance with the present Terms and subject to the reservations stipulated in the Agreement.
13.3 Entire Agreement
These Terms, including the Policies along with any purchase order and/or special conditions, constitute the entirety of the commitments between You and us. It establishes all of the Parties’ rights and obligations and supersedes all prior oral or written commitments that directly or indirectly concern the subject matter of the agreement between us. This Agreement binding us may only be modified by a written amendment which is signed and designated as such by both Parties (You and us).
If any one of the provisions of the Agreement is deemed void under any legal principle, law or regulation, or is invalidated by a court decision, it shall be severed from the Agreement, but the other provisions of the Agreement shall remain in full force and effect.
Unless otherwise specified in the Agreement, a Party’s forbearance in not requiring the enforcement of any clause of the Agreement shall not under any circumstances be deemed a waiver of such Party’s rights under such clause.
13.6 Governing Law - Jurisdiction
These Terms are subject to Czech law. Failing amicable settlement,
any difficulties related to their interpretation or validation, and any
dispute between us will be the exclusive jurisdiction of the Czech
courts, notwithstanding multiple defendants or third-party claim.
Brno, 602 00