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TERMS OF DELIVERY

Article 1 – Description of the service provision

The private company with limited liability VRS Next B.V., hereinafter referred to as VRS NEXT, specialises in developing, operating and maintaining a reference network for high-accuracy localisation and positioning based on RTK GNSS technology for professional applications, including land surveying, stake-out, 3D machine control, precision farming and the deployment of drones for mapping and inspections. Via this network, VRS NEXT makes available correction data as well as raw data for accurate localisation and positioning based on satellite navigation. The coordinates of the GNSS reference stations are officially certified annually by the Dutch Land Registry Office (Kadaster) and the Central Information Unit (CIV) of the Dutch Ministry of Infrastructure and Water Management (Rijkswaterstaat). After taking out a subscription, the customer receives login credentials and can then, within the entire coverage area and in combination with the appropriate GNSS equipment, use standardised correction data or raw data to perform real-time or post-processing localisation and positioning determinations in the ETRS89 coordinate system. If required, those determinations are transformable to local coordinate systems, such as Lambert and RD-NAP. For real-time localisation and positioning determinations, VRS NEXT provides RTK corrections in accordance with the RTCM (Radio Technical Commission for Maritime Services) format, which can be received via a (mobile) Internet connection (GPRS/UMTS/HSDPA/3G/4G) using NTRIP (Networked Transport of RTCM via Internet Protocol).

Article 2 – Advice and information

Users can contact VRS NEXT employees for assistance with setting up the connection to the network and advice on usage and the various system applications. The equipment supplier should be approached for information on specific settings within the software for the GNSS hardware used.

Article 3 – Scope of the service provision

In the case of real-time applications, the RTCM corrections can be obtained by logging in based on NTRIP using the login credentials provided. The customer must purchase a subscription for each GNSS receiver in order to obtain RTCM corrections. For post-processing data retrospectively, users of the VRS NEXT network can request RINEX data by e-mail from the desired stations within the coverage area.

Article 4 – Transfer to third parties

The information, such as login credentials and RINEX data, is provided exclusively for (internal) use by the customer. The customer may not make this data available or resell it to third parties.

Article 5 – Subscription rates

The rates for the use of VRS RTK corrections and the optional NTRIP SIM card consist of a fixed subscription, to be taken out for a term of one month or one year. The initial term is tacitly renewed each time for the same period of one month or one year. The subscription fees are invoiced monthly or annually in advance, depending on the term chosen. All invoices are subject to a payment term of no more than 14 days. All rates are exclusive of VAT and published on the vrsnext.com website. The different subscription types and rates are based on the associated load on the network infrastructure. Each subscription allows unlimited use of the network for the specific application. VRS NEXT reserves the right, if there is a reasonable suspicion of actual abuse, to curtail improper use by temporarily discontinuing the provision of correction data or by charging additional subscription fees that are appropriate to the use and deployment of the network service.

Article 6 – Use of the NTRIP data SIM card

When taking out a subscription, the customer can opt for an NTRIP data SIM card from VRS NEXT. This special data SIM card, developed in collaboration with T-Mobile, provides optimal availability, safety and maximum security for receiving RTK VRS corrections via RTCM. The NTRIP data SIM card may only be used in the GNSS receiver’s modem for the sole purpose of receiving RTCM corrections. The employees of VRS NEXT monitor the status and operation of the NTRIP data SIM cards to provide optimal support. The activities for monitoring the status and proper operation also include checks to determine improper or unprofessional use of the SIM card. Despite the fact that the Internet traffic is not limited solely to receiving RTK VRS corrections, the customer undertakes to keep such improper use to a minimum and to apply it only when necessary for the proper function of the GNSS application. If above-average usage is observed, a VRS NEXT employee will contact the customer in order to discuss the situation. VRS NEXT reserves the right to curtail inappropriate use by temporarily blocking the mobile Internet connection or by charging additional subscription fees.

Article 7 – Payment, non-performance and suspension

Payment must be made within 14 days from the date of the invoice, in a manner specified by VRS NEXT and in the currency stated on the invoice, unless indicated otherwise by VRS NEXT in writing. VRS NEXT is entitled to invoice periodically. If the customer fails to pay an invoice on time, the customer is legally in default. VRS NEXT is, without thereby being in default, entitled to deny the customer access to the correction service with immediate effect. A temporary denial or objections to the amount of an invoice do not suspend the payment obligation with regard to VRS NEXT; the obligations with regard to VRS NEXT remain in full force and effect. A customer who is not able to rely on Section 6.5.3 (articles 231 to 247 of Book 6 of the Dutch Civil Code (Burgerlijk Wetboek/BW)) also does not have the right to suspend payment of an invoice for any other reason.

Article 8 – Liability

VRS NEXT’s entire network infrastructure is set up to deliver maximum quality and features multiple redundancy to guarantee continuity. If a fault does occur, appropriate organisational measures are in place to quickly and adequately resolve it. Despite the great care taken, VRS NEXT cannot guarantee the quality of the correction data and, by extension, the accuracies due to factors beyond VRS NEXT’s control. Those factors include, but are not limited to, the influence of reception quality, communication faults at the mobile Internet provider, faults in the hardware or software used by the GNSS manufacturer and faults attributable to GPS/GNSS limitations (Selective Availability) and atmospheric disturbances (in the ionosphere). In the light of this, VRS NEXT denies all liability other than in the case of intentional misconduct, gross negligence or culpable carelessness. The customer indemnifies VRS NEXT against all possible liability, including liability with regard to third parties, arising from or related to deliveries and/or services performed by VRS NEXT on behalf of the customer.

Article 9 – Subscription termination

Subscriptions can be terminated in writing, subject to a notice period of 1 month before the expiry date, by sending an e-mail that states the order number. The NTRIP data SIM card must be returned by post after termination. Subscription fees that have been paid will not be refunded.