General Terms And Conditions

GENERAL TERMS AND CONDITIONS

Effective: January 1, 2024

I. Information about the Service Provider Company Information

Name: SurveyTransfer Limited Liability Company

Shortened name: SurveyTransfer Ltd. 

Registered Office: 7629 Pécs, Fehérhegyi út 5. TT 22. ajtó

Represented by: Gábor Lajos Szujó, CEO 

Bank: Revolut Bank UAB 

IBAN: LT253250084200883763 

SWIFT: REVOLT21 

Tax ID: 32339185-2-02 

EUID: HUOCCSZ.02-09-087805 

Company Registration Number: 02-09-087805 

Registry Authority: Pécs Court of Registration 

Statistical Identification Number: 32339185-6311-113-02 

Email Address: [email protected]

II. Essential Characteristics of the Service contracted / Scope of Service purchased

SurveyTransfer is a web-based software for data sharing and visualization, designed primarily to facilitate the quick, convenient, and secure project-level sharing of large and specialized files (e.g., las, laz, obj, ply, ifc, shp, shz, dxf, dwg, geotiff) generated in the course of mapping and 3D surveying among business partners. 

This contract pertains to the limited usage rights and provision of services as defined in these General Terms and Conditions (GTC) for the purpose of using and accessing the SurveyTransfer service between the Service Provider and the business or individual client (hereinafter collectively referred to as the User) submitting the registration and order. The minimum system requirements for using SurveyTransfer are:

• The latest Google Chrome or Mozilla Firefox web browser
• A 2.7 GHz Intel Core i3 or higher performance processor
• 2 GB RAM
• A GPU with 1 GB RAM 

Users can register and log in to the software at https://app.surveytransfer.net/sign-up/. After the successful uploading of files to SurveyTransfer software, the processing of the files begins for supported file types so that they can be displayed in the web browser, enabling the creation of maps and 3D representations from the data uploaded. Users can download and delete the uploaded files. After logging out or closing the application, the uploaded files and the projects and views created and saved are not deleted; they are stored under the user’s account and can be accessed even after logging in again (https://app.surveytransfer.net/sign-in/).

Prices are stated in net value and in US dollars. The software fee covers the package chosen for monthly or annual usage and always applies to the latest version of the software. The Service Provider is entitled to restrict the provision of services if the User does not meet their payment obligations by the due date. SurveyTransfer Ltd. allows Users to try out a trial version of the SurveyTransfer software with limited functionality, for 14 days with 250 GB of storage space, free of charge. In the paid packages of the software, file processing takes precedence over the trial version. After the trial period expires, the uploaded files will be deleted after a 7-day grace period, and the account will be locked. If a subscription is made after the free trial period (or during the trial period), the user’s account will be reactivated, and they can continue to use the SurveyTransfer data sharing software with the storage capacity specified in the selected package during the subscription period. 

1. If the User decides to upgrade to a higher-cost package, they can do so after logging into the software user account through the Packages page (https://app.surveytransfer.net/plans). 

2. If the User wishes to switch to a lower cost package, they must not exceed the limitations set in the package to be subscribed to. If the User exceeds the limitations of the lower cost package, they must ensure compliance with the limitations of that package before switching back. If the User’s subscription expires, they will receive a notification by email about the renewal of the subscription within 7 days. In so far as the User does not renew their subscription, the uploaded files will be permanently deleted after a 14-day grace period, and the User’s account will be locked until they renew their subscription.

The available package offers for SurveyTransfer are summarized in the following table:

In addition to the above package offers, custom quotes can be requested from SurveyTransfer Ltd., which can be obtained via the email address [email protected] or through the message sender on https://surveytransfer.net/#contact website.

III. Payment Terms:

A) There are no delivery or packaging costs. The SurveyTransfer software trial version can be accessedfrom the official website (https://surveytransfer.net/ or https://app.surveytransfer.net/) by anyone following registration, with no obligation to try it out, provided the technical requirements are met (a minimum 2.7 Ghz Intel Core i3 processor, 2 GB RAM, GPU 1 GB RAM, an up-to-date web browser).

B) Payment is made by credit card (Visa, Mastercard, American Express, Discover & Diners Club, China UnionPay, Japan Credit Bureau (JCB), Cartes Bancaires, eftpos), which must be linked to the user account within the SurveyTransfer software (https://app.surveytransfer.net/manage-subscription). After successful online payment, the software becomes available within a maximum of 1 hour, practically immediately. We also confirm the use of the service via email. We issue an electronic invoice for the purchase, filled out with the billing information provided during the order. The invoice can be accessed under the user account (https://app.surveytransfer.net/manage-subscription) in the invoice history section.

C) SurveyTransfer reserves the right to modify its prices at any time while guaranteeing the application of the price valid at the time of the order for the User.

D) VAT will be charged according to the User’s status during payment as follows. If the User is operating within the European Union (or, in the case of and individual, resides): 

• for individuals, VAT corresponding to the place of residence is charged; 
• for businesses, VAT outside the territorial scope is not charged; 

If the User operates in a third country outside the European Union (in the case of individuals, resides), no VAT will be charged.

E) The prices listed on the product pages do not include VAT.

IV. The Contract

The contract is created as soon as the User registers in the SurveyTransfer software, thereby indicating acceptance of these Terms and Conditions. The contract is electronic and cannot be considered a written contract. It is recorded in the Service Provider’s database as an order and is not available in paper format.

In order to use the Service and to pay, the User need to provide the following information

• User information
  – Email address
  – Password
• Billing information:
  – Name
  – Address
  – Telephone number (optional)
  – Tax ID

It is hereby stated the SurveyTransfer does not take responsibility for the authenticity of the data provided by the User.

By registering in the SurveyTransfer software, the person performing the registration declares that: 

● the data provided on the form is correct; 

● they will accept an electronic invoice for the purchase; 

● they have read and accepted the related Privacy Policy and the content of these Terms and Conditions; 

● they understand that, according to Chapter V, the right of withdrawal can be exercised before payment, and they waive the right of withdrawal by sending the payment;

● they understand that SurveyTransfer Ltd. acts as a data processor regarding the personal data it manages in connection with the use of the service; they accept the Data Processing Agreement referred to in the Privacy Policy, download and retain it together with the invoice; they instruct the Service Provider to perform the data processing tasks mentioned therein; they authorize the Service Provider to use another data processor providing the virtual server infrastructure.

Correction of incorrect orders is recommended by the placement of a new order before financial completion, as the tax number and the service ordered cannot be modified retroactively.

Modification of other order details is possible under the user account (https://app.surveytransfer.net/manage-subscription).

After financial completion of the order, any request for the reissuing of an invoice due to data entry errors (e.g. registered office address) will incur a separate administrative fee determined on the basis of the current price list, which can be requested via the [email protected] email address or via the message sender on the https://surveytransfer.net/#contact website.

Validity of Offer: Orders submitted and the prices quoted therein are valid for 10 days, after which the Service Provider reserves the right to change the prices.

V. Right of Withdrawal 

The User can withdraw from an order submitted without prior notice up until financial completion is initiated. The User cannot exercise the right of withdrawal once the service has been paid for, as the creation of the environment necessary for an electronic signature, hosting, an account, or invoice commences upon detection of the payment, meaning that from that point the service is considered to have commenced.

VI. Express Warranty, Product Warranty, Availability, Post-sales Services, Liability 

The provider guarantees that the software product, as described in the Help section (https://surveytransfer.net/how-to-use) and other web-based information, possesses the characteristics specified for the given package/module. Legal compliance, program updates, and bug fixes will always be made available in the latest version.

Availability 

The Provider may carry out both planned and extraordinary maintenance. The time of planned maintenance shall not be counted as downtime. The purpose of planned maintenance is software updates, maintenance, and server expansion to maintain infrastructure functionality.

The duration of planned maintenance may not exceed a total of 15 days within a one-year period. These 15 days are calculated by adding up the individual maintenance periods. The Provider is obliged to notify Customers in advance of the timing and expected duration of planned maintenance in the most reasonably accurate way possible – in so far as this is technically feasible.

Errors and Reporting 

Reporting a program error or a problem related to the operation of services can be done via email to [email protected] or through the message sender at https://surveytransfer.net/feedback/, preferably accompanied by a detailed description that facilitates the reproduction of the error. The determination of a program error is at the discretion of the Provider, and the warranty (implied warranty) is valid at the Provider’s premises. If the issue does not qualify as a program error and the User insists on further analysis or attempts to resolve the issue, the User is obliged to pay the software operation fee established based on the current price list.

Security of geospatial data (maps and 3D data) managed by SurveyTransfer

Upon upload to SurveyTransfer, geospatial data (maps and 3D files) undergoes processing and conversion into web-ready formats by Contabo GmbH’s (“Contabo”) servers, ensuring compatibility and accessibility. However, for long-term storage, the responsibility shifts to Backblaze, Inc. (“Backblaze”), where the data is securely retained. Both Contabo and Backblaze are accountable for the security and storage of the uploaded geospatial data, as well as any potential errors in handling or storage processes. For detailed information regarding security protocols and storage practices, individuals are encouraged to refer to the General Terms and Conditions of Contabo and Backblaze respectively.

SurveyTransfer employees may not disclose data stored in SurveyTransfer to third parties. The developers of SurveyTransfer can only use the data uploaded to the data sharer in extremely justified cases, such as ensuring the proper functioning of the application.

Liability and Compensation 

Liability for any damage arising from the Service is only applicable if the User proves that the Provider caused the damage through deliberate breach of contract or failed to provide information about an essential characteristic of the Service which the entitled party was unaware of.

The Provider does not assume responsibility for data loss during maintenance work or modifications made by the User.

The Provider does not guarantee that the software will fully satisfy the User’s needs; the User is responsible for evaluating this through preliminary testing (in the free trial period). It should be noted that content demonstrating use does not constitute personal advice; therefore, the Provider’s liability is limited to what is stated in this contract, and any potential compensation may not exceed the amount paid for the right to use the software product(s) or the consideration paid for the services.

The rules of the Civil Code apply to this chapter.

VII. Website Content, Modification of Terms 

All information, text, and visual material on the website are the property of SurveyTransfer Ltd. Copying or reproducing content without the owner’s written consent is prohibited. The content of the website, including the terms and descriptions found therein, may be modified without prior notice. The new terms apply to orders placed on the website from the first visit or from the effective date of the modification.

VIII. Personal Data and Data Protection 

The User is responsible for keeping the username, password, and other sensitive information used in the software, data storage, and e-invoice administration system confidential. The User is responsible for all activities carried out via the login information. The Provider is not liable for any damage or loss incurred by the User or any third party due to activities carried out or by unauthorized access.

The data controller handles the data necessary for registration, online shopping, and the provision of related services in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) in a secure and confidential manner, and in no case does it make them accessible to third parties. Data processing is carried out in accordance with the GDPR and its implementing legislation.

Detailed data protection policy:

The Provider’s detailed data processing policy is available in a separate document from these Terms and Conditions, in the form of a public data protection declaration. The “DATA PROTECTION POLICY” is accessible, readable, and printable in full on the entire website, including subpages. Before ordering the service, please read the data protection information carefully.

IX. Channels for Consumer Complaints 

Inquiries concerning data matching, the reporting of program errors, and other inquiries should be directed to the Provider via email. We typically respond to specific questions within the customer service hours, usually on the same day, but in any case not later than within 72 hours.

The User can submit consumer complaints related to the service or the Provider’s activities using the following contact information:

a.)
Contact person: Tamás Kis
Mailing address: 7629, Pécs, Fehérhegyi út 5. TT. 22. Ajtó. 

Email address: [email protected]

If a consumer dispute between the Provider and the User is not resolved in the course of negotiations with the Provider, the following enforcement options are available to the User:

b.) Filing a complaint with the consumer protection authority: https://fogyasztovedelem.kormany.hu/

c.) Contacting the National Development Ministry – European Consumer Center https://www.magyarefk.hu/hu/

d.) Initiating conciliation board proceedings: https://bekeltetes.hu/udvozlo

e.) Initiating court proceedings: Pécs District Court – Pécs Court https://pecsitorvenyszek.birosag.hu

X. Other Provisions 

The contents, information, and data displayed on the website are for informational purposes only. The Provider does not accept responsibility for decisions made on the basis of information found on the website and in the product descriptions. Furthermore, the Provider is not responsible for the completeness of the data and reserves the right to change information, data, and prices without prior notice. The provider is not obligated to verify the uploaded content, and therefore, does not assume responsibility for the content contained therein. The Provider is not obliged to check the content uploaded by Users, and is not responsible for it. If the Provider becomes aware that a User has uploaded illegal content to the SurveyTransfer data-sharing platform, the Provider is entitled to block the User’s access with immediate effect and report it to the relevant authorities. The User acknowledges that in the event of official proceedings, the Provider is obliged to forward the illegally uploaded content.

In case of a serious breach of contract, either Party is entitled to terminate the Agreement immediately, provided there is sufficient justification. Serious breaches of contract include the User jeopardizing the security or availability of the Service. In this case, the Provider is entitled to terminate the User’s access immediately.

A serious breach of contract by the Provider includes failure to ensure the availability of the Service as specified in this T&C, or if the Provider violates any other requirement prescribed by another legal regulation related to the service.

The Provider is not responsible for any incorrect or unrealistic service fees that may be incorrectly stated due to a mistake or system error on the data-sharing platform. In such cases, the Provider is not obliged to sell the service to the User at the incorrectly stated price. In case of an incorrect price, the Provider will inform the User about the error and offer the option to purchase the service at the current actual price. In this case, the User can decide whether to order the service at that price or cancel the order.

The Provider may send newsletters to the User’s email address from time to time if the User expressly consents, consent which may be revoked at any time. The newsletter contains offers, information, and discount coupons related to SurveyTransfer’s data-sharing operation and services. The frequency of the newsletter is maximum twice a month.

In matters not regulated by this T&C, Hungarian law in force at the time shall be applicable, with special regard to Act V of 2013 in the Civil Code, Act CVIII of 2001 (on electronic commercial services), Act 45/2014 of the Government (on the detailed rules of consumer and business contracts), and Act CXII of 2011 on informational self-determination and freedom of information (the so-called “Infotv.”). The mandatory provisions of the relevant legislation apply to the Parties without separate stipulation.

Pécs, September 13, 2023.