Smart Address

Terms of Use

1 Definitions

  • Address cleansing = the processes of parsing, correction, and standardisation of address data &/or databases.
  • Customer = an authorised, non-Geo Strategies user of the Web Services who has provided the required organisational details, signed up to the use of the Web Services and who has agreed to the Terms of Use.
  • Geocoding = the addition of geographic coordinates to an address or point of interest (POI).
  • Knowledge Base (or location reference database) = Geo Strategies' libraries of locality names, street types and names, abbreviations and alternative spellings, address hierarchies, postcodes, and geocodes. All spellings include diacritics as appropriate.
  • Order Form = a pre-designed form which defines the scope and detail of the Web Services required and also defines the number of records to be processed.
  • Postal reference database = Poşta Română INFOCOD database.
  • Postcoding = the addition of a 6-digit postcodes to an address.
  • SMARTaddress = a software package from Geo Strategies based on Software Libraries and incorporating the Knowledge Base, used for the purpose of address cleansing and also for the addition of postcodes and geocodes.
  • Software Libraries = rules-based software code developed by Geo Strategies for the purpose of address cleansing, postcoding and geocoding.
  • Web Services = to clean, correct, complete, and standardise using authorised access to Geo Strategies data cleansing engine SMARTaddress

2 Scope

  • 2.1 Geo Strategies Ltd (Geo Strategies) provides its services solely in accordance with the current version of the following General Terms and Conditions. The Customer's general terms and conditions are not recognised by Geo Strategies and are hereby expressly rejected.
  • 2.2 The following General Terms and Conditions are valid for the Geo Strategies Web Services as well as for any authorised applications (software) based on these Web Services. Currently, the Web Services are available via the domain www.geo-address.com. If the Web Services are accessed via another domain name or another IP-address or in any other way, these General Terms and Conditions still apply to the same extent.
  • 2.3 If these General Terms and Conditions are not amended, the Customer enters into an Agreement with Geo Strategies based on these General Terms and Conditions at the time when the Web Services are accessed for the first time. If the Customer registers online or purchases transactions online, these General Terms and Conditions are agreed to by entering the Customer's name into an online form.
  • 2.4 By agreeing the Terms of Use, the Customer acknowledges their responsibilities and compliance with the Data Protection Act (see also Paragraph 10.2) for the protection of any personal data processed by the Customer when using the Web Services.

3 Services offered by Geo Strategies

  • 3.1 Geo Strategies offers access to several Web Services for processing and enrichment/ enhancement of postal addresses via the Internet. Access to these services may also be possible via software developed by the Customer or through software provided by Geo Strategies.
    • 3.1.1 Address cleansing and correction Geo Strategies Web Services for address cleansing, correction, standardisation, and enhancement are based on the Geo Strategies Software Libraries and Reference Database. The Web Services offer the possibility to check Romanian addresses for correctness and completeness. Incorrect or incomplete addresses are corrected, completed and standardised by using the Software Libraries and Reference Databases where this is possible.
    • 3.1.2 Address enhancement In addition to the service of address cleaning, correction and standardisation, the Geo Strategies Web Services provide further services separately or in combination. The use of these services may require separate Conditions. Addition of postcodes to customer data. Geocoding: Enrichment/enhancement of addresses with a geographic coordinates according to the cartographic projection WGS 84 (World Geodetic System 1984). Data Quality Centre: The Geo Strategies Data Quality Centre is a browser based Web application that not only allows correcting postal addresses but also offers identification of potential duplicates in an address file. To process the Customer's addresses, a file is uploaded by the Customer and stored on the Geo Strategies' servers. The Data Quality Centre may offer a Data Cleansing Trial. The Trial may be free of charge, but the results of such trials may not be used for commercial purposes. Geo Strategies reserves the right to limit the number of Trials per Customer and the number of addresses analysed per Trial. See also Section 5.3. The Data Quality Centre offers a Data Audit. To provide the Data Audit, the Customer's data is analysed and a report is generated. Geo Strategies reserves the right to limit the number of Audits per Customer and the number of addresses analysed per Audit.
  • 3.2 SMARTaddress is based on the Geo Strategies Knowledge Base and Software Libraries which complement the Postal Reference Database. The Postal Reference Database is supplied by the Romanian postal organisation, Poşta Română. Geo Strategies is an authorised user of Poşta Română data but cannot be held responsible for the completeness, correctness or currency (up-to-datedness) of postcode data provided by Poşta Română.
  • 3.3 Geo Strategies also regularly updates their proprietary Knowledge Base that the Software Libraries and Web Services are based upon. In most cases the updates are performed monthly, provided new data is available.
  • 3.4 The Customer is granted a non-exclusive, non-transferable right, personally and materially limited to his business, to use any Software that may be provided to access the Geo Strategies Web Services and as specified in 1.2. This right shall be for the intended scope and for the duration of this Agreement. All intellectual property rights, copyrights and other rights shall remain with Geo Strategies.
  • 3.5 Geo Strategies reserves the right to make improvements and changes to the Web Services and to the service interface at any time.
  • 3.6 In addition to the services provided under the domain name www.geo-address.com, Geo Strategies may offer additional systems for purposes of load balancing and system availability or may make further computer systems available as the case may be. Geo Strategies reserves the right to assign a Customer to a specific system.
  • 3.7 Geo Strategies strives to ensure the performance of the Web Services. As long as no special agreement has been made, Geo Strategies does not guarantee a specific performance or response time of the Web Service systems. The Customer acknowledges that the response time of the system also depends on the transmission speed of the Internet and the Internet access used by the Customer. Any statements with regards to speed or processing times are of general nature unless anything else has been agreed to in writing.

4 Usage rights and ownership of the postal reference data

  • 4.1 The Postal Reference Database described in 3.2 has been partially provided to Geo Strategies by Poşta Română. The rights to the postal reference data remain in all cases with Poşta Română.
  • 4.2 Ownership of the Knowledge Base and other Reference Databases described in Section 3 vests entirely in Geo Strategies who own the IP, including the content, organisation and structure of the databases concerned.
  • 4.3 The Customer must not use the Web Services to systematically query the database in order to create a copy of the underlying Postal Reference Database &/or of the Knowledge Base. The Customer is only allowed to process his own organisation's addresses using the Web Services. In case of a breach of this clause, the Customer already agrees to pay at least EUR 50,000 in damages. It is the Customer's obligation to prove that the actual damage was less.
  • 4.4 In order to access the Web Services, the Customer receives an Account ID and a password. When using the Batch Web Service (automatic processing of multiple addresses by means of a Web Service request), the Customer may use only one connection from one IP address at any one time.

5 Payment, Payment due Date, Payment Arrears

  • 5.1 The charge for the access to the Geo Strategies Web Service system is based on transactions. The purchase of transactions is only possible for commercial users. A transaction comprises inter alia the validation, correction or completion of a single postal address. In case of Batch Web Services, each request will be considered as a transaction. Also when using the Batch Web Service a minimum of 10 transactions is charged for each request, even if only one address is transmitted with a request. In some cases the processing of a single address may require more than one transaction. The scope of a transaction is described with the Order Form. In addition to the transactional charges, further charges may incur depending on requested services. Usage will be charged either based on the volume of requests or per enhanced address. Address enhancement will only be performed for addresses, which obtained a certain status code during the process of address cleaning and correction. Charges for address enhancements are to be paid in addition to the charges resulting from address cleaning and correction. For the authorised use of geocodes in other applications, there will be additional charges.
  • 5.2 Transactions can be purchased
    • a) by paying a quarterly basic fee and a fee per transaction (Pay-as-you-go). The basic fee per quarter will be billed in advance at the beginning of the respective quarter. The fees per transaction will be billed in addition at the end of the respective quarter.
    • b) by paying in advance. Prepaid transaction packages are available in various volumes with a duration of 12 months from the date of purchase
  • 5.3 Geo Strategies may provide the Customer with a certain number of free transactions for demonstration and test purposes. The Customer agrees not to use the processed output that has been obtained by using the test transactions for any production/commercial purposes. If this clause is not observed, the Customer agrees to pay a fee of 10 times the price of the loaded transaction package. The price will be calculated based on the price list valid at the time of processing. The ownership of the input data remains with the Customer.
  • 5.4 The charges are stated in the price list valid at the time of the conclusion of the Agreement or in a separate addendum.
  • 5.5 If a payment is due it must be made immediately upon receipt of the invoice and without deductions unless different payment terms have been agreed to by both parties. Should the Customer delay payment, the prevailing laws shall apply. Also, subject to breach by Customer, Geo Strategies explicitly has the right to deny access to the Web Services.
  • 5.6 Geo Strategies shall be entitled to adjust the amount of the charges defined in paragraph 5.2a. The Customer will be notified via mail or e-Mail. Should the Customer fail to object to the price adjustment within a period of four weeks, the adjusted price shall apply, latest when the services described in Section 3 are used for the first time. Geo Strategies shall notify the Customer of the consequences of failing to submit an objection to the price adjustment.
  • 5.7 Objections to the amount of any invoice shall be submitted in writing within four weeks of receipt of the invoice. Failure to object within the prescribed period shall be construed as acceptance.

6 Warranty

  • 6.1 The parties agree that it is not possible to develop flawless software programs. The warranty does not cover defects caused by use other than that intended in the requirements.
  • 6.2 Geo Strategies has compiled the Knowledge Base used for the corrections by using data obtained from third parties. In collating this data, Geo Strategies has applied the best possible care and made random checks to ensure correctness, completeness and validity of data. However, it may be possible that data records may be incorrect, incomplete or invalid. Geo Strategies accepts no warranty in this regard.
  • 6.3 The Software Libraries used by Geo Strategies for the verification of postal addresses use fault tolerant methods and fuzzy matching algorithms. They can lead to faulty corrections or suggestions even if the input data is correct. It may be possible that an address is corrected incorrectly (false positive) or that an address that would be correctable is not corrected (false negative). The process of address enhancement or the underlying data may lead to incorrect or incomplete results. The Customer explicitly acknowledges this fact and accepts all resulting consequences by using the services described in Section 3.
  • 6.4 All geocodes appended to addresses will be only as accurate as is permitted by the source data. Additionally, every effort is made to assure the accuracy of individual addresses within the limits of the accuracy code appended to individual address records but Geo Strategies cannot be held responsible for errors in coordinates derived from third party mapping.
  • 6.5 Geo Strategies shall remedy defects in its technical systems as quickly as possible within the scope of existing technical and operational possibilities. The Customer agrees not to check the availability of the system himself by sending PINGs or empty requests. Further commitments regarding availability of the system beyond those mentioned in the price list require a separate written agreement.

7 Copyright and Confidentiality

  • 7.1 The parties to this agreement agree not to disclose any information regarding this agreement including prices and the fact that this agreement exists.
  • 7.2 Geo Strategies provides the Customer with an Account ID and at least one password to access the Web Services. The Customer acknowledges that others, who gain access to this information, may use the Geo Strategies system. Therefore, the Customer will keep this information confidential and only allow access to those employees who need to know about this agreement or need to use the system according to this agreement.
  • 7.3 Geo Strategies offers SSL access to its Web Services in order to ensure that the Account ID and passwords are transmitted securely. If the Customer does not use SSL (Secure Socket Layer) encryption he bears all resulting risks.

8 Liability

  • 8.1 In the event of breach of duty which results from a failure to observe a contractual obligation on Geo Strategies' side, Geo Strategies shall be liable in cases involving wilful damage or gross negligence caused by itself, its legal representatives or its vicarious agents. Where the loss or damage incurred by the Customer results from negligent failure on the part of Geo Strategies to observe a contractual obligation, Geo Strategies shall be liable where the breach involves a fundamental contractual obligation. The amount of liability shall be limited to the type of loss or damage which typically arises under contracts of this type and which Geo Strategies could reasonably be expected to have anticipated due to the known circumstances at the time of concluding the contract, but shall nevertheless be limited to the price payable by the customer for the services carried out.
  • 8.2 Geo Strategies and its data suppliers shall not be liable to the Customer for business shortfalls, loss of profit, indirect loss or damage, consequential loss or damage due to defects or third party claims, with the exception of claims arising as result of a breach of third party intellectual or industrial property rights.
  • 8.3 The limited liability defined in section 2 shall not apply to loss or damage which arises due to wilful damage, gross negligence, absence of warranted characteristics or a delay in performance.
  • 8.4 Geo Strategies shall only be liable for loss or damage to data and programs and their recovery in cases where the loss or damage could not be avoided by appropriate preventive measures taken by the Customer, in particular daily and correct back-up of all data and programs.
  • 8.5 Geo Strategies shall only be liable for the completeness, correctness and validity of the third party data used for address cleaning, correction and enhancement within the framework of the above mentioned limitation of liability solely in the event of a breach of the obligation to take preventive measures as defined in paragraph 6.

9 Termination

  • 9.1 If payment is selected according to 5.2a each party can terminate the Agreement with the term mentioned in the price list valid at this time. If a payment according to 5.2b has been selected, the contract has a duration of 12 months unless agreed otherwise.
  • 9.2 Geo Strategies may terminate this agreement at any time if the Customer violates any clause of this agreement, especially if the Customer is in arrears with a payment.
  • 9.3 Transactions made available to the Customer for demonstration and testing purposes can be withdrawn or locked by Geo Strategies without warning, with immediate effect and at any given time.

10 Data Protection and third party rights

  • 10.1 In the event of Geo Strategies temporarily storing personal data, this shall be done solely in the necessary quantity and period required in order to perform the contractual requirements and to prove performance of the contractual requirements.
  • 10.2 The parties shall observe the provisions of the European Data Protection 95/46/EC (Official Journal of the European Communities of 23 November 1995 No L. 281 p. 31) if applicable and one or more addresses from the European Union were processed via the Web Service or if personal data of Romanian citizens were processed by the Customer. Databases used for address enhancements or correction may be subject to separate data protection clauses. As the case may be, these separate data protection clauses need to be signed or accepted by the Customer. It will be available to the Customer online or it will be sent to him.
  • 10.3. Geo Strategies is registered under the terms of both the Romanian Data Protection Act (Reg. 17691) and the UK Data Protection Act (Reg. Z1320952).

11 Final clauses

  • 11.1 The agreement contains any and all agreements made by the parties; supplemental agreements have not been made.
  • 11.2 Any and all amendments and additions to this agreement require the written form. This also applies to a waiver of this clause.
  • 11.3 Should one or more of the provisions of this agreement be or become invalid, all other terms and conditions shall remain in full force and effect. The invalid provision shall be replaced with one that meets as closely as possible the original intent of the invalid provision.
  • 11.4 The contractual relationship between the parties shall be governed by British law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
  • 11.5 The place of jurisdiction, given that the Customer is a business, for all disputes arising from or in connection with this agreement is London, UK.