These BusLinq SaaS and Product Terms (hereinafter: “BusLinq Terms”) apply in addition to the General Terms and Conditions of CNMedia to every agreement under which CNMedia makes BusLinq available.
This translation is provided for convenience. In the event of any discrepancy, the Dutch version prevails.
1.1 The BusLinq Terms apply to all quotations, orders, subscriptions and agreements relating to BusLinq.
1.2 In the event of conflict, and unless agreed otherwise in writing, the following order of precedence applies: (a) the specific quotation, order confirmation or purchase confirmation; (b) a separate data processing agreement insofar as privacy and the processing of personal data are concerned; (c) these BusLinq Terms; and (d) the General Terms and Conditions of CNMedia.
1.3 Deviations are valid only if agreed in writing by CNMedia and the Customer.
1.4 BusLinq may be offered via buslinq.nl and country-specific domains, including .de, .be, .it, .at, .ch, .fr and .es. Use of a country-specific domain does not change the contracting party: the supplier is CNMedia, unless expressly stated otherwise in writing.
2.1 BusLinq is a Software-as-a-Service offering. CNMedia makes the functionality available over the internet without transferring the underlying software, source code or infrastructure.
2.2 BusLinq is sold in packages. A package may consist of a combination of modules, features and an agreed scope, including numbers of vehicles and/or Users.
2.3 The specific composition of the package, the price and any additional limits follow from the quotation, order confirmation or purchase confirmation.
2.4 If actual use exceeds the agreed licence scope, CNMedia may require the licence scope to be adjusted and may invoice the additional capacity in accordance with the agreed rates or the rates applicable at that time.
2.5 The Customer is responsible for use by all persons who obtain access to BusLinq through its organisation.
3.1 The initial term of a BusLinq subscription is at least twelve months, unless a longer term has been agreed in writing.
3.2 On expiry, the agreement is renewed for business Customers for successive periods of twelve months, unless one of the parties gives written notice of termination no later than three months before the end of the current period, or the specific agreement provides otherwise.
3.3 BusLinq is invoiced once a year in advance, unless agreed otherwise in writing.
3.4 Expansions of the package during a current subscription period may be invoiced separately or pro rata as stated in the quotation or purchase confirmation.
3.5 Payment terms, interest, collection costs and rights of suspension follow from the General Terms and Conditions of CNMedia.
4.1 For the duration of the term, CNMedia grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to use BusLinq within its own organisation in accordance with the package purchased.
4.2 The Customer acquires no right of ownership or intellectual property right in BusLinq, the underlying software, source code, database structure, documentation, interfaces, designs or technical infrastructure.
4.3 It is not permitted to sell, rent out, sublicense or offer BusLinq to third parties as one's own SaaS service, to reverse-engineer it insofar as this may lawfully be excluded, to circumvent security measures, or to use BusLinq to develop a competing product.
4.4 The Customer ensures that accounts are used on a personal basis where CNMedia requires this, and that access rights are adjusted or withdrawn in good time.
5.1 The Customer is responsible for managing Users, roles, permissions, passwords, tokens, API keys and other access credentials.
5.2 The Customer informs CNMedia without undue delay of suspected misuse, unauthorised access or a security incident.
5.3 CNMedia may temporarily restrict or block accounts, sessions, integrations or access where this is reasonably necessary for security, continuity, the investigation of misuse or compliance with laws and regulations.
6.1 BusLinq is supplied with the functionality described in the current agreement, quotation, activated modules or product documentation.
6.2 CNMedia may further develop, adjust, replace or modernise BusLinq and may change technical components, interfaces and working methods.
6.3 CNMedia is not obliged to maintain every existing feature indefinitely, provided that the core of the Service purchased by the Customer is not materially eroded without reasonable grounds.
6.4 Changes required for security, continuity, legislation, supplier requirements or the prevention of misuse may be implemented without the Customer's prior consent.
7.1 The Customer remains responsible for the content, accuracy, completeness, currency, lawfulness and quality of data that the Customer or Users enter into, import into, connect to or have processed by BusLinq.
7.2 The Customer and Users are themselves responsible for verifying the accuracy, completeness, currency and suitability of data that is entered, processed, calculated, displayed, imported, synchronised or exported via BusLinq.
7.3 The duty to verify also covers the results of automatic calculations, planning, reporting, integrations with third parties, imports, synchronisations, notifications and other automated functionality.
7.4 CNMedia endeavours to have BusLinq function properly, but does not guarantee that BusLinq, data or system output will at all times be complete, accurate, current, uninterrupted or error-free.
7.5 Data and output that is relevant to business operations, service provision, safety, planning, invoicing, payroll or personnel processes, transport, obligations towards passengers or compliance with laws and regulations must be verified independently by the Customer or the responsible User before being relied or acted upon.
7.6 The risk of using data or system output without reasonable verification is borne by the Customer. Any liability of CNMedia remains subject in all cases to the limitations of liability in the General Terms and Conditions of CNMedia.
8.1 BusLinq may connect to external systems, APIs, mapping services, communication facilities or other third-party services.
8.2 CNMedia cannot guarantee the availability, speed, accuracy or continuity of an external service and is not responsible for changes or malfunctions at third parties insofar as these cannot be attributed to CNMedia.
8.3 If a third party changes or discontinues an integration, API or service, CNMedia may adjust, replace, limit or discontinue the integration concerned.
9.1 The primary BusLinq environment is hosted on a VPS of Hostinger in the Netherlands and is managed by CNMedia as regards the application and its configuration.
9.2 CNMedia may change the hosting architecture or hosting provider where this is reasonably necessary for security, continuity, capacity, cost or technical development, observing applicable privacy obligations.
9.3 Infrastructure in Germany may also be used for other services of CNMedia. This does not change the primary hosting location of BusLinq, unless the Customer is informed of this.
10.1 CNMedia applies an availability target for BusLinq of 99.2% per calendar month, unless a different percentage has been expressly agreed in a separate SLA or agreement.
10.2 The percentage is a service target and not an absolute guarantee or obligation of result.
10.3 Planned maintenance, necessary emergency maintenance, force majeure, disruptions in internet or telecommunications networks beyond the control of CNMedia, malfunctions at external services, problems caused by the Customer or Users, and agreed exclusions do not count as unavailability.
10.4 CNMedia determines the technical measurement method and measurement source for availability, subject to evidence to the contrary from the Customer.
11.1 CNMedia may temporarily take BusLinq wholly or partly out of service for preventive, corrective, adaptive, technical or security maintenance.
11.2 CNMedia keeps maintenance windows flexible and, where reasonably possible, schedules work at a time when the impact on users is limited.
11.3 Unless agreed otherwise in writing, no fixed support windows, response times or resolution times apply. CNMedia handles support requests in accordance with its then-current working processes and available capacity.
11.4 CNMedia may apply temporary workarounds, restrictions or alternative working methods until a structural solution is available.
12.1 CNMedia makes a back-up of the relevant production data for BusLinq on a daily basis in principle.
12.2 The primary retention period of these back-ups is 30 days, unless agreed otherwise in writing.
12.3 Back-ups are primarily intended for recovery after technical incidents and do not constitute an archiving service for the Customer.
12.4 CNMedia does not guarantee that every individual change can always be restored. Where restoration forms part of the Service, the restoration obligation is limited to the most recent usable back-up available under the agreed back-up cycle.
13.1 After termination of the BusLinq subscription, the Customer is responsible for securing the data it requires in good time.
13.2 From the end of the agreement, the Customer has a maximum of 30 days to export the required Customer data or, insofar as the standard functionality does not support this, to request an available export from CNMedia.
13.3 Non-standard exports, migration, conversion, assistance with handover or other exit work may be invoiced as additional work at the rates applicable at that time.
13.4 After these 30 days have elapsed, CNMedia is not obliged to keep, restore or export Customer data and CNMedia may delete the data or render it inaccessible, subject to statutory retention obligations and the normal back-up retention cycle.
13.5 Data that still appears in back-ups after deletion disappears in accordance with the normal back-up cycle and is not returned to the production environment unless restoring the back-up concerned is technically necessary.
14.1 BusLinq may process customer data, employee data and, depending on the Customer's use, passenger data.
14.2 Insofar as CNMedia processes these personal data solely on behalf of the Customer, the separate BusLinq Data Processing Agreement of CNMedia applies.
14.3 The Customer remains responsible for the lawfulness of the processing, the choice of data included in BusLinq, statutory information obligations, retention periods and the legal basis for processing.
14.4 Without prior written arrangement, BusLinq is not intended for the processing of special categories of personal data or personal data relating to criminal matters.
15.1 The General Terms and Conditions of CNMedia apply to the liability of CNMedia.
15.2 Insofar as CNMedia is liable on any ground, total liability never exceeds the value of the agreement concerned as described in the General Terms and Conditions of CNMedia, to the extent permitted by mandatory law.
15.3 The limitation of liability applies jointly to all claims connected with the same event or a related series of events and is not increased by the fact that several documents, modules or legal grounds apply.
16.1 CNMedia may suspend access to BusLinq wholly or partly in the event of payment arrears, material breach of contract, security risk, misuse, breach of use restrictions, or where this is necessary to prevent damage or malfunctions.
16.2 On termination the right of use lapses, with the exception of the temporary opportunity to secure data as set out in Article 13.
16.3 Other grounds for and consequences of termination follow from the General Terms and Conditions of CNMedia.
17.1 Dutch law applies to the BusLinq agreement, unless mandatory law provides otherwise.
17.2 Contractual notices may be addressed to CNMedia via [email protected], unless another contact address has been designated in the agreement.
17.3 CNMedia may publish current product information via buslinq.nl and the country-specific BusLinq domains used by CNMedia.