Geoshop.hu General Contractual Conditions Terms of Sale for geoshop.hu services delivered through distance sales scheme by Government Office of the Capital City Budapest, Department of Geodesy Remote Sensing and Land Offices. 1. General Contractual Conditions (GCC) The General Contractual Conditions (hereinafter: GCC) shall determine the content of Sale and Purchase Agreements signed by the Parties for purchasing/selling national basic geodata or additional data produced by using national basic geodata, which are parts of the geodetic and cartographic spatial data services (hereinafter: GCSDS) delivered through distance sales scheme by Government Office of the Capital City Budapest, Department of Geodesy Remote Sensing and Land Offices. In accordance with the XLVI/2012 on land surveying and mapping activity, the Supplier is authorized and obliged to sell GCSDS, if the Sales Contract is signed by the Parties for purchasing/selling national basic geodata. Furthermore, the GCC contains the rules of sales contract made by the Parties for purchasing/selling GCSDS produced and developed by the Supplier while using national basic geodata and forwarding them through distant sale system. 2. Data of the Supplier Government Office of the Capital City Budapest Department of Geodesy Remote Sensing and Land Offices Address: Bosnyák tér 5, H-1149 Budapest /Hungary Postal Address: Pf.:585 H-1592 Budapest/Hungary Phone number: + 36-1 222-5111 Fax number: + 36-1 222-5112 Homepage: www.fomi.hu Tax number (VAT number): 15789233-2-41 EU Tax number (EU VAT number): HU15789233 Bank account at: Hungarian State Treasury / Magyar Államkincstár (MÁK) Account number: 10023002-00299592-38200001 3. Terms and Definitions Terms used in the GCC as consistent interpretation by the Parties: Parties: Supplier and User together. Supplier: Government Office of the Capital City Budapest, Department of Geodesy Remote Sensing and Land Offices. User: User demands GCSDS via distance sales scheme. Geoshop: is the website, through which GCSDS is available in digital form for Users and can be ordered and purchased by Users.

Department of Geodesy Remote Sensing and Land Offices Bosnyák tér 5, H-1149 Budapest /Hungary – Pf.:585 H-1592 Budapest/Hungary Phone: +36 (1) 222-5101 – Fax: +36 (1) 222-5112 E-mail: [email protected] – Website: www.ftf.bfkh.gov.hu

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  Standard Service: are non-authentic GCSDS as provided in the Joint Decree No. 63/1999 (VII.21.), par. 2. (1) a) and d) by the Ministry of Agriculture and Rural Development, Ministry of Defence and Ministry of Finance on the management, servicing and certain administrative servicing fees of land surveying and mapping national basic geodata. Additional Service: the Supplier is authorized to use data described under Standard Service for the purpose of producing specific digital GCSDS by the Joint Decree No. 63/1999 (VII.21.), par. 4. (1) by the Ministry of Agriculture and Rural Development, Ministry of Defence and Ministry of Finance on the management, servicing and certain administrative servicing fees of land surveying and mapping national basic geodata. The non-authentic digital GCSDS products are the GCSDS, which are described in the Joint Decree No. 63/1999 (VII.21.), par. 2. (1) b) and e), furthermore in par. 2 (2) a) and c) by the Ministry of Agriculture and Rural Development, Ministry of Defence and Ministry of Finance on the management, servicing and certain administrative servicing fees of land surveying and mapping national basic geodata. Accepted Order: the User orders GCSDS through geoshop.hu website and its purchase price - after completed the order - is settled by the User via bank transfer, or, based on the e-mail message details and specified information sent by Supplier, the amount is transferred to Supplier’s bank account, where the credit entry appears. Call for Advance Payment: the amount quoted in advance on the sales page of geoshop.hu website and via e-mail notice by the Supplier as the sale consideration of the GCSDS fixed in the completed order. Invoice: the paper based certificate, which contains the details of the purchase price paid by the User as the sale consideration of the GCSDS and based on the data specified in the call for advance payment. The content of the invoice shall correspond to Act C/2000 on accountancy. 4. Material, Personal and Temporal Scopes of GCC The personal scope of the present GCC covers the Supplier, furthermore the User who places an order for purchasing GCSDS via the geoshop.hu website. The User can be a natural person, a legal person or a company not having legal personality. The GCC shall be valid until the Supplier operates the geoshop.hu business website. The Supplier is authorized to review the provisions of GCC and amend those any time. Any amendments are made in the GCC shall come into force from the date of the individual amendments in relation to the terms of sale of standard and additional services and to the User placing the order. 5. Publicity of GCC The GCC are available and can be viewed on the geoshop.hu website. In that case, if the provisions of GCC are modified, all Users can use the services of the website only after having accepted the modified GCC. If a former User of the geoshop.hu website starts a new order after the modification of the GCC, after entering the website the User can only place an order after the acceptance of the modified GCC. If the GCC is modified, the Supplier gives permit even to the already registered User for placing an order of GCSDS only after the modified GCC has been accepted.

Department of Geodesy Remote Sensing and Land Offices Bosnyák tér 5, H-1149 Budapest /Hungary – Pf.:585 H-1592 Budapest/Hungary Phone: +36 (1) 222-5101 – Fax: +36 (1) 222-5112 E-mail: [email protected] – Website: www.ftf.bfkh.gov.hu

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  6. Opening Hours of Geoshop The Supplier provides round-the-clock (0-24h) service for ordering GCSDS specified in the GCC - in the case of an uninterrupted Internet contact. The Supplier will not take responsibility for the continuous Internet contact. 7. Ordering Conditions of GCSDS The User is authorized to place orders through the system after completed the registration on the geoshop.hu website. The User takes responsibility for the truth, correctness and completeness of the submitted data. After registration, the User is obliged to respect the provisions of the ever valid GCC. 8. Placing an Order The User can access to the current GCSDS by opening "Products" menu on the geoshop.hu website, from which The User can specify the selected GCSDS using the options given in sub-menus. 9. Purchase Price If the User places an order for GCSDS that is considered as Standard Service, which sale consideration is determined by the Joint Decree No. 63/1999 by the Ministry of Agriculture and Rural Development, Ministry of Defence and Ministry of Finance on the management, servicing and certain administrative servicing fees of land surveying and mapping national geodata, the Supplier will calculate the purchase price according to the provisions of the referred law. In any other case - including that one, if the Supplier produces GCSDS for the User using national basic geodata - the Supplier will determine the pricing rules and calculate the purchase price of the GCSDS in question. By paying the purchase price, the User will pay the sale consideration of non-recurring use of GCSDS in one single procedure. The User is not authorized to use the already purchased GCSDS multiple times in the indicated procedure, or in any procedure other the one defined in the purchase order. In order to use GCSDS multiple times or in any new procedure, the User is obliged to pay the purchase price of GCSDS again. In line with Joint Decree No. 63/1999 (VII.21.), par. 15 (1) by the Ministry of Agriculture and Rural Development, Ministry of Defence and Ministry of Finance, in the case of using GCSDS in GIS, an annual data use fee shall be paid. 10. Paying the Purchase Price Once the order completed, the User is obliged to pay in advance the amount according to the Call for Advance Payment indicated by the Supplier. As a way of payment, the User can select - "prompt online bank transfer" as the option appearing after placing an order or - “bank transfer to bank account” after completed the order according to the Call for Advance Payment sent electronically to the User’s e-mail address. After the User transferred the purchase price to the Supplier's bank account, and the credit entry appeared on it, the geoshop.hu portal sends an e-mail to inform the User about the date stars to receipt the product from. In general, geoshop.hu provides the delivery of the ordered GCSDS within five days from the payment of purchase price.

Department of Geodesy Remote Sensing and Land Offices Bosnyák tér 5, H-1149 Budapest /Hungary – Pf.:585 H-1592 Budapest/Hungary Phone: +36 (1) 222-5101 – Fax: +36 (1) 222-5112 E-mail: [email protected] – Website: www.ftf.bfkh.gov.hu

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  Supplier is not obliged to start producing the ordered GCSDS or deliver the available national basic geodata until the purchase price transferred by the User and the credit entry appears on the Supplier’s bank account. The Supplier shall send an e-mail notice to the User’s e-mail address confirming the receipt of the purchase price, and within 30 days from the date of e-mail notice arrival, the Supplier will send the paper based invoice by the account data. 11. Cancellation of the Order The User has the right to cancel the order before paying the total purchase price. The Supplier does not accept payment in instalments. The Supplier's obligation of delivering the ordered GCSDS is valid from the moment when the credit entry of the purchase price appears on the Supplier's bank account. If the Supplier has already confirmed an order, does not have the right to cancel the order anymore. The Supplier is not in delay with the delivery of the ordered GCSDS as long as the credit entry does not appears on Supplier's bank account. The Supplier’s delay starts on the 6th calendar day after the credit entry appeared on the bank account. 12. Delay in Performance The Supplier is entitled to extend the delivery deadline of the ordered and paid GCSDS only once by up to 5 calendar days as a maximum. In this case, the Supplier is obliged to send an e-mail to the User about the extension of deadline. The User shall take note that if the Supplier informed him/her about the extension of the deadline in advance, the User cannot enforce any legal consequence of delayed delivery against the Supplier. The Parties consider the Supplier's deadline-extension as a common modification of the contract. 13. Performance with Error If the User finds after the reception of GCSDS that the delivered GCSDS do not meet the requirements of certain specification settled in the order, the User is entitled to call the Supplier for the correction of GCSDS, but User is not entitled to cancel the order. The Supplier is obliged to perform the corrections without delay, but within 3 (three) working days at the latest. In the case of delayed delivery of GCSDS or performance with error, the Supplier is only responsible for the proven depreciation caused in the User's assets; this means that Supplier is not obliged to compensate the User for his/her missed profit or other costs needed for coming out of a financially disadvantageous position. The Supplier will be exempted from liability, if he/she proves the evidence that violation of contract was caused by non-predictable circumstances out of the Supplier’s control that is not expected to be avoided or influenced by the Supplier. If errors of GCSDS arose from the network of another involved data provider, or errors were attributable to reasons within the User’s control, it is not counted as a performance with error from the Supplier’s side. 14. Delivering the GCSDS The Supplier informs the User by e-mail about the availability of ordered and paid GCSDS. From that moment, the User can initiate downloading of the ordered GCSDS anytime using the link indicated in the e-mail.

Department of Geodesy Remote Sensing and Land Offices Bosnyák tér 5, H-1149 Budapest /Hungary – Pf.:585 H-1592 Budapest/Hungary Phone: +36 (1) 222-5101 – Fax: +36 (1) 222-5112 E-mail: [email protected] – Website: www.ftf.bfkh.gov.hu

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  15. Invoice After receiving the paper based invoice, the User is entitled to ask for an invoice correction, if the content of the received paper based invoice differs from the data recorded among payment conditions during registration or the content of the call for advance payment sent by e-mail. In this case, the Supplier is obliged to examine the complaint within 30 days after the reception of the complaint, and if the complaint is justified, the Supplier shall send the corrected invoice to the User. 16. Obligation of Secrecy The Supplier protects the User’s personal data in accordance with the Act CXII/2011 on the right of informational self-determination and freedom of information All data, information, material and documents (hereinafter: data) relating to any of the Parties are trade secrets of the relevant Party. Contracting Parties undertake the obligation that they keep secrecy of those data, they will not hand them over to third person without preliminary written consent of the other Party, exept legal authorization or decision of court, and do not make it public and available in any form and way for third person. 17. Forbidding the Use of GCSDS, Unauthorized Transmission to Third Party The User is only entitled to use GCSDS for the purpose indicated by himself/herself and the User may forward them only to that third person who is authorized legally or by contract - as a consequence of the User's activity - to use the result (end product) based on, by utilizing of or completed with the purchased datasets. Apart from this third person, the User must not forward the purchased data or the result containing and produced by using this data to any other third persons with any legal reason. If in the previous two years of the order the User was unauthorized to use national basic geodata, and this fact was confirmed by final decision of public administration or non-appealable judgment, the Supplier may refuse the performance of the order. The copyright of the Supplier must be indicated on all further map work - regardless of its type or sort - that were produced by using GCSDS handed over to the User as additional service. If the delivered GCSDS is a map work of the standard service that considered as national basic geodata, and by using those data, the User may produce a new thematic map work then the provisions of the Joint Decree No. 63/1999 (VII.21.), par. 15, (2) and (4) by the Ministry of Agriculture and Rural Development, Ministry of Defence and Ministry of Finance are applicable. If the User does not fulfil the above mentioned obligations, the Supplier can enforce legal consequences applicable in the case of injury of rights connected to intellectual products; and, in the case of injury of Supplier's copyright the legal consequences provided by the Act LXXVI/1999 on copyright are applicable. 18. Reporting Data Changes When placing a new order, User is obliged to inform Supplier about any change (name of the firm, company seat, headquarters, account data, postal address etc.) relating to the User’s data. The Supplier expressively rejects taking any responsibility of legal consequence or paying compensation, if the User fails the obligation to inform the Supplier about the changes. 19. Managing the User's Data In accordance with the Act CXII/2011 on the right of informational self-determination and freedom of information, the Supplier shall be bound by data protection and confidentiality. The obligation of data protection and confidentiality is extended to the Supplier's staff and commissioned principals. Any Department of Geodesy Remote Sensing and Land Offices Bosnyák tér 5, H-1149 Budapest /Hungary – Pf.:585 H-1592 Budapest/Hungary Phone: +36 (1) 222-5101 – Fax: +36 (1) 222-5112 E-mail: [email protected] – Website: www.ftf.bfkh.gov.hu

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  communication and data sent by the User to the Supplier can only be known to the extent necessary to fulfil the order of GCSDS and for the purpose of invoicing. 20. Vis maior All non-predictable circumstances that fall beyond the sphere of interest, control and managing or opportunity to influence of the Party that impede the performance of the ordered GCSDS are considered as vis maior. These circumstances limit or impede the Parties in fulfilling their obligations undertaken in the present GCC; consequently, they innocently cause financial or non-financial damages. In the case of vis maior, the concerned Party is exempted from fulfilment of his/her obligations undertaken in the sales contract, but to an extent as that the event impedes him/her in fulfilling his/her contractual obligations and only during the period of time when vis maior event exists. Parties inform each other without delay about circumstances emerging beyond the sphere of their interest and resulting in such unacceptable performance that is not attributable to them. They both will take the necessary measures to remove the difficulties following the corresponding rules of Civil Code, and cooperating in a reasonable and justified way. 21. Miscellaneous provisions In all questions not regulated in this GCC, the resolutions of Act V/2013 on Civil Code are applicable. Contracting Parties accept the exclusive jurisdiction of District Court of Budapest II. and III. to judge their disputes concerning their legal relationship regulated in the GCC. In case of any discrepancies between the Hungarian and English versions of the GCC the Hungarian version shall prevail which can be found via the following website: http://geoshop.hu/index.php?module=StaticPage&pageid=102&lang=hu

Signed at Budapest on ……of May 2017 On behalf of dr. György István Appointed Government Official

Fekete Gábor Head of Department

Department of Geodesy Remote Sensing and Land Offices Bosnyák tér 5, H-1149 Budapest /Hungary – Pf.:585 H-1592 Budapest/Hungary Phone: +36 (1) 222-5101 – Fax: +36 (1) 222-5112 E-mail: [email protected] – Website: www.ftf.bfkh.gov.hu

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