General terms and conditions

Scope

These general terms apply to all proposals, quotations and agreements between MapGear B.V. (“MapGear”) and the customer regarding SaaS, licences, data delivery, hosting, maintenance, consulting and similar services, unless expressly deviated from in writing.

Quotations and agreement

Unless stated otherwise, quotations are non-binding. An agreement is formed after written or digital confirmation by MapGear or when MapGear starts performance following the customer’s instruction.

Prices and payment

Prices exclude VAT and other government levies unless indicated otherwise. Invoices must be paid within the term stated on the invoice. If payment is late, the customer is in default and MapGear may suspend performance and charge statutory interest and collection costs where permitted.

Delivery

Delivery dates are indicative unless parties have agreed a binding deadline. MapGear aims to meet schedules and communicates promptly about material risks or delays.

Intellectual property

All intellectual property rights in software, source code (except open-source components), documentation, datasets, designs and other deliverables remain with MapGear or its licensors unless agreed otherwise in writing. The customer only receives the usage rights explicitly granted in the agreement.

Liability

MapGear’s aggregate liability for attributable failure is limited to direct damage up to the fees (excluding VAT) paid by the customer to MapGear in the twelve months preceding the event for the relevant service, except where mandatory law provides otherwise.

MapGear is not liable for indirect or consequential loss, lost profit, missed savings or business interruption, except in case of intent or deliberate recklessness by MapGear.

Confidentiality and data

Both parties treat confidential information carefully. Processing of personal data follows applicable law and MapGear’s privacy policy published on this website.

Term, termination and changes

Subscription terms and notice periods follow the agreement. MapGear may evolve functionality and infrastructure provided the agreed service remains materially available. Changes to these terms are published on the website; existing contracts receive reasonable advance notice.

Governing law and disputes

Dutch law applies. Disputes are submitted exclusively to the competent court in the district where MapGear is established, unless mandatory law dictates otherwise.