Terms and conditions

General Terms and Conditions (TAC) of Traffic Chart B.V.

§1 Scope

These General Terms and Conditions (hereinafter “TAC”) of Traffic Chart B.V., a company based in the Netherlands (hereinafter “Provider”), apply to all contracts and services regarding the online software for creating traffic plans that a customer or a business partner (hereinafter “User”) concludes with the Provider via the website www.traffic-chart.com.
These general terms and conditions apply to all business relationships between Traffic Chart B.V. and our customers (municipalities, provinces, companies, organizers) who use our online traffic planning software.
The website traffic-chart.com (the “Website”) consists of various web pages operated by Traffic-Chart B.V. (“Traffic-Chart”). www.traffic-chart.com is offered to you on the condition that you accept the terms, conditions, and notices contained herein without modification (the “Terms”). Your use of www.traffic-chart.com constitutes your agreement to all these terms. Please read these terms carefully and keep a copy of them for your reference.

§2 Electronic Communication

The website traffic-chart.com (the “Website”) consists of various web pages operated by Traffic-Chart. Visiting www.traffic-chart.com or sending emails to Traffic-Chart constitutes electronic communication. You agree to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via email and on the website satisfy any legal requirement that such communications be in writing.
When you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not transfer or otherwise transfer your account to another person or entity. You acknowledge that Traffic-Chart is not responsible for third-party access to your account resulting from theft or misappropriation of your account. Traffic-Chart and its partners reserve the right to refuse or cancel services, terminate accounts, or remove or edit content at their discretion. Companies and government organizations agree to the use of their logo on our website.
Children under thirteen: Traffic-Chart does not knowingly collect personal information from persons under thirteen online or offline. If you are under 18, you may use www.traffic-chart.com only with permission from a parent or guardian.
Users acquire a non-exclusive, non-transferable, revocable license to use www.traffic-chart.com in accordance with these Terms of Use. Users may not use the website for illegal purposes or impair its functionality or accessibility. The entire content of the website, including text, graphics, and software, is the property of Traffic-Chart or its suppliers and is protected by copyright and other intellectual property rights. Users may not alter, publish, distribute, or exploit the content without permission from Traffic-Chart and the copyright owner. Use of protected content is only permitted for personal use and requires written permission. No license is granted to the intellectual property of Traffic-Chart unless expressly permitted by these terms.
www.traffic-chart.com may contain links to other websites (“linked sites”). The linked sites are not under the control of Traffic-Chart, and Traffic-Chart is not responsible for the content of the linked sites, including but not limited to links contained in a linked site or changes or updates to a linked site. Traffic-Chart provides these links as a convenience, and the inclusion of any link does not imply endorsement of the site by Traffic-Chart or affiliation with its operators. Certain services provided through www.traffic-chart.com are provided by third-party websites and organizations. By using products, services, or functions originating from the www.traffic-chart.com domain, you agree that Traffic-Chart may share this information and data with third parties with whom Traffic-Chart has a contractual relationship to provide the requested product, service, or function on behalf of www.traffic-chart.com’s users and customers.
Users are responsible for the security of their account and password. Traffic Chart B.V. is not liable for unauthorized access by third parties.

§3 Services

The Provider provides the user with an online web tool with which users can create traffic plans. The exact specifications, functionalities, and possibilities of the software are described on www.traffic-chart.com.
The use of the web tool is permitted to the user under the conditions of these General Terms and Conditions.
The Provider reserves the right to change, expand, or restrict the functionalities of the web tool at any time. The user will be informed of such changes in a timely manner.
The Provider does not guarantee the constant availability of the web tool and is not liable for failures or disruptions that are outside its sphere of influence, such as technical problems with the internet or force majeure.
he user is solely responsible for the use ofthe web tool and the traffic plans created with it. The Provider is not liable for the accuracy or completeness of the created plans or for any damages resulting from their use.
The Provider reserves the right to block access to the web tool or delete the user account if the user violates these General Terms and Conditions or misuses the web tool.

§4 Conclusion of Contract

The contract is concluded by registering a user account on www.traffic-chart.com and agreeing to these TAC.
By registering the user account, the user expresses agreement with these General Terms and Conditions and their validity for the use of the web tool.
The user is obligated to provide truthful and complete information during the registration process and to update this data promptly in case of changes.
The Provider reserves the right to reject registrations without stating reasons or to block user accounts, especially if there is a violation of these General Terms and Conditions or if the Provider has justified doubts about the identity or the seriousness of the user.
By registering a user account, the contract between the user and the Provider is concluded.

§5 Payment Terms

Payment is made through the payment methods supported by the Provider offered through Stripe. The accepted payment methods are displayed to the user during the payment process on www.traffic-chart.com.
The user is obligated to pay the agreed fees for the use of the web tool on time. The amount of the fees is based on the current prices published on the website www.traffic-chart.com unless another agreement has been expressly made.
In case of delays or non-payment of the due fees, the Provider reserves the right to block the user’s access to the web tool or delete the user account, without thereby giving rise to any claims by the user for reimbursement of already paid fees.
All payments are to be made in Euro (EUR) unless expressly agreed in another currency. Any exchange rate fees or bank charges are borne by the user.
The Provider reserves the right to change the fees for the use of the web tool at any time. Changes in fees will be communicated to the user in a timely manner via email. The user has the right to terminate the contract within four weeks of receiving the notice of the fee change if they do not agree with the new fees.

§6 Liability and Warranty

You agree to indemnify, defend, and hold harmless Traffic-Chart, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Traffic-Chart reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Traffic-Chart in asserting any available defenses.
The Provider’s liability for slight negligence is excluded to the extent legally permissible, unless it involves damages arising from injury to life, body, or health. For damages resulting from a slightly negligent breach of essential contractual obligations, the Provider is liable in any case. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the user can regularly rely.
The foregoing limitations of liability also apply to the legal representatives, employees, and agents of the Provider.
The Provider does not warrant the constant availability of the web tool and is not liable for failures or disturbances that are outside its sphere of influence, such as technical problems of the internet or force majeure.
The user is obligated to take appropriate precautions to protect their data and system and to regularly create backup copies of their data. The Provider is not liable for data losses or damages caused by insufficient data backup by the user.
Any further liability of the Provider is excluded to the extent legally permissible, regardless of its legal basis. This particularly applies to claims for damages due to delay, positive breach of contract, culpa in contrahendo, or tort.

§7 Disclaimer of Liability

The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Traffic-Chart B.V. and/or its suppliers may make improvements and/or changes to the website at any time.
Traffic-Chart B.V. and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Traffic-Chart B.V. and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the extent permitted by applicable law, in no event shall Traffic-Chart B.V. and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if Traffic-Chart B.V. or any of its suppliers has been advised of the possibility of damages. As some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.

§8 Termination

Termination of this contract is possible at any time with a notice period of 30 days to the end of the month. Termination must be in writing or in electronic form and is to be addressed to the contact address of the Provider as indicated on the website www.traffic-chart.com.
In the case of timely termination, already paid fees for the current billing period generally remain in place and are not refunded.
The Provider reserves the right to block the user account with immediate effect or to terminate the contract extraordinarily, especially if the user violates these General Terms and Conditions or misuses the web tool. In such a case, the user has no claim to a refund of already paid fees.
After termination of the contract, the user is obliged to immediately delete or destroy all data and information provided by the Provider.
The provisions regarding the termination of the contract remain unaffected as far as legally mandatory deviations are provided.

§9 Dispute Resolution

Complaints and disputes should initially be directed to the Provider by email. The Provider strives for an amicable solution. The user can send their complaint to the email address given in the contact details on the website www.traffic-chart.com.
If no agreement is reached or the user is not satisfied with the solution, alternative dispute resolution procedures can be utilized, especially the Online Dispute Resolution platform of the European Commission (https://ec.europa.eu/consumers/odr).
Notwithstanding other remedies, the user is free to pursue legal action. The place of fulfillment and exclusive jurisdiction for all disputes arising from or in connection with this contract is the court competent for the seat of the Provider in the Netherlands, provided the user is a merchant, a legal entity of public law, or a public special fund, or does not have a general jurisdiction in the country.

§10 Right of Withdrawal for Consumers

Consumers have the right to revoke this contract within fourteen days without stating reasons. The withdrawal period is fourteen days from the day of the contract’s conclusion. To exercise your right of withdrawal, you must inform us (Traffic Chart B.V., Rijsseltweg 10, 7211 EP Eefde, Netherlands, Email: customer@traffic-chart.com) by means of a clear statement (e.g., a letter sent by post or email) about your decision to withdraw from this contract.

§11 Final Provisions

Should individual provisions of these TAC be ineffective, this does not affect the effectiveness of the remaining provisions.
Traffic-Chart reserves the right, at its discretion, to terminate your access to the website and the associated services, or any part thereof, at any time, without notice. To the extent legally permissible, this Agreement is subject to the laws of the Netherlands, and you hereby consent to the exclusive jurisdiction and venue of courts in the Netherlands for all disputes arising out of or relating to the use of the website. The use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Traffic-Chart as a result of this agreement or use of the website. The performance of this agreement by Traffic-Chart is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Traffic-Chart’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Traffic-Chart with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Traffic-Chart regarding the website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Traffic-Chart with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

§11 Changes to the Terms

Traffic-Chart reserves the right, in its sole discretion, to change the terms under which www.traffic-chart.com is offered. The most current version of the terms will supersede all previous versions. Traffic-Chart encourages you to periodically review the terms to stay informed of our updates.

Contact Us

Traffic-Chart welcomes your questions or comments regarding the terms:

Traffic-Chart B.V.
Rijsseltweg 10
7211 EP Eefde
Netherlands

Email Address: customer@traffic-chart.com

Effective as of March 12, 2024.