The ActaMaps website, web application and service, are the property of SDP NV, a public limited company, whose registered office is at the following address: 18 Vijfstraten, 9100 Sint-Niklaas.
We value your confidence in ActaMaps and SDP NV, and therefore take your rights very seriously. The terms and conditions shown below are intended to give you a clear overview of your rights, and sometimes, duties. If anything is still unclear, please let us know.
Read this information carefully, and do this each time you place a new order. After all, SDP NV may adapt these terms and conditions, and the new terms and conditions will apply to a new order. The present terms and conditions shall apply to the order you place now. You can print out the text, or store it on the hard drive of your computer.
Company details:
SDP NV (public limited company)
Registered office located at 18 Vijfstraten, 9100 Sint-Niklaas
info@sdp.be
+32(0)3/777.73.03
BE 0437.776.044
Dendermonde Register of Legal Entities
A contact person for ActaMaps can be reached at SDP NV from Monday to Friday (inclusive) from 08:15 am - 12:00 noon and 1:00 pm - 5:00 pm
The legal relationship between SDP NV and the client is governed by the present General Terms and Conditions, the invoices, and, where applicable, the special conditions, (referred to together below as ‘the Agreement’).
The Agreement arises the moment that:
Each use of the ActaMaps service described above means that the client has consulted the most recent version of these Terms and Conditions, and expressly accepts the application of these Terms and Conditions, excluding all other terms and conditions.
The Agreement cancels and replaces all written and verbal agreements, proposals and undertakings which relate to the same subject, and which predate this Agreement.
The Agreement takes precedence over the general and/or other terms and conditions of the client, even if they stipulate that they alone apply. The Agreement may only be deviated from with the advance, written permission of SDP NV.
SDP NV reserves the right to amend the provisions of the Agreement.
Both the current and the previous versions of the General Terms and Conditions can be consulted at (https://www.actamaps.be/general-conditions).
The ActaMaps module allows users to obtain an extensive set of maps and information for a property or lot located in Belgium, using the public web services of different governments and agencies. All of this information is automatically bundled and delivered in one PDF document. Where available, external internet articles (e.g. on heritage) are attached in separate PDF annexes. These are referred to together as ‘the Products’.
In accordance with the user rights for these external data sources, the Products contain a source reference to each webservice consulted, under each map requested which contains layers (WMS) and related data sets (WFS). These source references can also be clicked on to open up an information web page of the underlying WMS or WFS service. Some of these information pages allow you to find the underlying datasets of the relevant agencies, via the Metadata button. The presence of links to websites of third parties in no way implies approval by SDP N.V. of the contents of these third-parties’ websites. SDP NV is not responsible for the contents of such websites, or for use of them. SDP NV reserves the right to publish new links or remove existing links, at any time.
The client accepts that the Products are standard products which are not created for his/her specific needs. Consequently, the client accepts that SDP NV provides no guarantee, and assumes no responsibility, regarding the capability of the Products to meet the specific needs of the client. SDP NV takes all reasonable steps to provide the client with Products that are as complete and accurate as possible, but without any guarantee in this respect. SDP NV reserves the right to adapt the features of the Products, at any time, with immediate effect and without notifying the client in advance.
Each search shall be stored for 90 days. Until then, a copy of any Product previously sent may be requested free of charge. After this 90-day period, the Product drawn up (incl. annexes, if any) shall no longer be consultable.
SDP NV shall grant the client a temporary, non-exclusive, non-transferrable License relating to the Products. No other rights are granted. The Agreement grants the client the right to make the Product available to Single End Users, within the limits laid down in Article 7 of these terms and conditions. The Product License may not be shared, or operated simultaneously on several different computers. The Licence may not be transferred to third parties, except with the advance, written consent of SDP NV. The client is responsible for supervising the access of Single End Users to the Products.
Each client who wishes to use ActaMaps, must register himself by creating a company account. For each Single End User, the client must create a personal user account linked to the company account. The client is entirely responsible for the content and accuracy of the data which he sends to ActaMaps, and is also responsible for ensuring that this data does not infringe the rights of third parties.
In the event of change of his identification data, the client shall spontaneously and straight away notify SDP of such changes. Each change of identification data must be communicated to SDP in writing and indicating the date, via the general email address info@sdp.be.
SDP NV is not liable for any damage which may arise from incorrect or incomplete information provided by the client.
The Products are provided to the client under Licence, are not sold, and are only to be used in accordance with the provisions of the present Terms and Conditions of Licence. SDP NV retains all rights not expressly granted to the client by the present terms and conditions. The Products and all intellectual property rights relating to them shall remain the property of SDP NV and/or its licensors. Any data contributed by the Single End User himself, through use of the Products, shall remain the property of the client.
ActaMaps processes your personal data, because you use the services of ActaMaps, and/or because you provide this information to ActaMaps.
If you use the services of ActaMaps as a client, the following personal data shall be processed:
ActaMaps uses sufficient in-built safety measures to protect the privacy of each user.
By using ActaMaps and/or divulging the personal data, the client explicitly consents to ActaMaps processing this information, and, where applicable, processing the personal data, for one or more specific aims in the context of the Agreement, as described in the Privacy Policy (https://www.actamaps.be/privacy-policy-and-cookies).
In addition, SDP NV retains the right to process this information for the purpose of his legitimate interests or those of third parties, exercise of the fundamental right of freedom of expression or information and/or the establishment, exercise or support of legal claims.
The client has the right to address a request for access, correction, erasure, or transfer of his personal data; or a request to withdraw his consent, or to object to the processing of his personal data, to SDP.
By using ActaMaps you declare that you are 16 years or older. Parents or guardians who believe that ActaMaps has obtained personal information from a child younger than 16 years, are kindly requested to notify us as quickly as possible.
The Products can only be made available for the purpose of internal use of the Products by the client within his company and only persons who work within the client’s company (as free-lance, employee, intern, temporary worker, or in any other manner, on either a permanent, temporary, full or part-time basis), may be designated a Single End User, and consequently, lawfully use the Licences obtained by the client, subject to compliance with the provisions of the present article.
All other forms of use are only be permitted with the advance, written consent of SDP NV. The Products, including the texts, structure, lay-out, graphic elements, presentation, logos and all of any other elements contained in the Products, are protected by the intellectual rights of SDP NV, and, where applicable, its suppliers or partners.
Except where expressly permitted by compulsory legal provisions, the client agrees that, in order to protect these intellectual rights, neither the client, nor a third party on behalf of the client, shall do the following:
The above provisions also apply to the source codes, login data, technical documentation, help texts and user manuals of the Products. Any infringement of these intellectual rights may result in civil or criminal prosecution. The client undertakes to respect the terms and conditions of all operating, system, and application software which is not supplied by SDP NV, without SDP NV checking that these terms and conditions are actually respected by the client, and without SDP NV bearing any liability concerning this. The client bears full responsibility for the respect of data protection legislation by Single End Users, and shall completely indemnify SDP NV against this.
Charges shall apply for each search (by address or CaPaKey) made using the ActaMaps service, which results in a report.
A successful search shall cost 1 ActaMaps credit, the current rate for one credit is €3.00 (not incl. VAT). Credits may only be purchased online, with a minimum of 25 credits per purchase. At the end of each month, a monthly invoice shall be drawn up and delivered by digital means, for each purchase.
Credits are valid for an indefinite period (as long as the ActaMaps service is active and in operation), they are non-transferrable and cannot be paid out in cash.
No charge shall be made for searches which do not result in a report. Only successful searches shall be charged for, at the rate of one ActaMaps credit.
The above prices are expressed in Euros. In Belgium, the prices of SDP NV include VAT (unless mentioned otherwise) and do not include dispatch and administrative costs. SDP NV reserves the right to change prices during the term of the Agreement. SDP NV also reserves the right to change the invoicing period, to change over from delivery-based invoicing (invoice per item sent) to time-based invoicing (invoice for a specific period), or vice versa, or in general, amend the manner of invoicing.
Unless stated otherwise in a differently worded provision, all invoices are payable 30 calendar days after the issue date of the invoice. The amount of any invoice that is not paid in full on the due date shall, lawfully and without prior notification of default, be uplifted by interest equal to 1% per month, whereby each part of a month shall be regarded as a complete month, and a fixed sum of compensation amounting to 15% of the amount of the unpaid invoices, with a minimum of 25.00 Euros. SDP NV is also entitled to invoice the costs of notification of default and dunning letter (hereinafter referred to as: ‘reminder costs’). If the client fails to pay one or more outstanding debts to SDP NV, SDP NV may suspend performance of its Agreements with the client until all outstanding invoices including the additional compensation, interest on the arrears and reminder costs have been paid.
SDP NV cannot be held responsible for the accuracy of the information on the maps and attached information. No guarantee is provided concerning the availability of the ActaMaps service and/or its underlying services.
The ActaMaps service is set up to automatically make several further attempts to retrieve the requested information from all external web services, and this at varied intervals. Both SDP NV and the external data providers supply the product in its existing condition.
SDP NV is not responsible for damage incurred by the user, and/or by third parties, as a result of use or re-use of the information. The liability of SDP NV is limited to the compulsory liability imposed by Law. SDP NV can never be held liable for indirect damage, such as loss of data, unavailability of data, loss of turnover, loss of profit/earnings, or any increase of overheads. The liability of SDP NV also cannot be upheld for damage arising from failure of the client to respect this Agreement, nor is SDP NV liable for defects caused by an act of the client or of a third party, regardless of whether such defects are caused by fault or negligence.
If, for any reason, the liability of SDP NV is upheld, this liability shall be always be limited to a maximum sum of 2,500.00 Euros.
SDP NV may suspend all or part of the services, without warning and with immediate effect, if the client fails to respect one or more undertakings as included in the Agreement.
The client or SDP NV may terminate the Agreement at any time with immediate effect, without giving reasons.
The client may not transfer the agreement to a third party, except with the advance written consent of SDP NV.
13.1 Any nullity of one of the provisions of the Agreement shall never affect the validity of the other provisions, despite the nullity of the disputed provision. The parties shall make every effort, by mutual agreement, to replace the null and void provision with a valid provision of the same, or largely the same, economic impact as the null and void provision.
13.2 Failure of SDP NV to claim a right or to apply a sanction, shall never imply a relinquishment of right on the part of SDP NV.
13.3 The Courts of the judicial district of Dendermonde or the Peace Court of the judicial subdistrict of Sint-Niklaas have sole jurisdiction for any dispute relating to this Agreement. The Agreement shall be governed by the laws of Belgium.