OS OnDemand Order Form (G-Cloud)

The terms of the OS OnDemand Service Contract attached to this OS OnDemand Order Form (G-Cloud) request form, are only available to public sector bodies who are eligible to use the G-Cloud Services.

Please complete all the sections below, unless otherwise indicated.

By signing this form you accept the terms of the OS OnDemand Service Contract

1Your Details

Account number (if you have one): / [insert details]
Purchase order reference (if you have one): / [insert details]
Name of your company/organisation: / [insert details]
Company registration number (if applicable): / [insert details]
Address and Postcode: / [insert details]
Invoice Address and Postcode: / [insert details]
Contact Name: / [insert details]
Contact Email: / [insert details]

2Service Type

To use the Web Map Tile Service, you must be a member of the PSMA and OSMA in order to be licensed for the relevant data.

☐OS OnDemand Web Map Service
☐OS OnDemand Web Map Tile Service
☐OS OnDemand Web Map Service & Web Map Tile Service
☐OS OnDemand Web Map Tile Service + OpenSpace SDK
☐OS OnDemand Web Map Service + Web Map Tile Service + OpenSpace SDK

3 Client Software

Please provide details of your client software, including the version number:

[insert details]

4Authentication Method (WMS only):

☐HTTP(S) Basic(preferred option. We will provide a password)
☐IP address details(only to be used where no support is available within your client software for http basic):
[insert details]

5aURL (Accessing WMTS via API only):

[insert details]
5bOS OnDemand WMTS
OS OnDemand WMTS has been built to OGC standards and we are awaiting certification. If you would like to evaluate the service using GIS please contact us by email: call 0345 375 7535

6OS OnDemand Service Band(s)

See the Service Band table below. The Service Band you choose must not exceed the maximum number of terminals for which you are licensed:
☐A / ☐B / ☐C / ☐D / ☐E

7 Hard media opt-out

If you are entitled to receive OS Data (as defined in the OS OnDemand Service Contract) in hard media under the terms of your Licence (as defined in the OS OnDemand Service Contract), you can choose NOT to receive such hard media in relation to any or all of the OS OnDemand Datasets (as defined in the OS OnDemand Service Contract) by listing such Datasets in this box. Please read clause 2.6 of the OS OnDemand Service Contract before completing this box. If you DO complete this box, it will constitute a waiver of any right to receive a supply of the relevant data on hard media under your Licence, and you agree that OS shall not be in breach of the Licence or have any liability under it where such breach or liability has only arisen as a result of OS not supplying data on hard media. If, at any time, you wish to change this decision, please notify the Digital Supply Team, by letter, fax or email, using the contact details set out below.
[insert details]

OS OnDemand Order Form (G-Cloud)

v1.0April 2015

Page 1 of 10

8 Please sign to verify the details above and accept the terms of the OS OnDemand Service Contract

OS OnDemand Order Form (G-Cloud)

v1.0April 2015

Page 1 of 10

Signature / ......
Name / ......
Title / ......
Date / ......

Please send or email this form and any enquiries to:

Data Fulfilment Services, OS, Explorer House, Adanac Drive, SOUTHAMPTON, United Kingdom, SO16 0AS

Phone: 0345 375 7535

Fax: 023 8030 5603

Email (orders):

Email (queries):

Service Bands

Service Band / Terminals / Usage Limits (per day) 1 / WMS / WMTS2 / External serving permitted / OS MasterMap Topography Layer Included / Price per annum (exc.VAT)
A / < 100 / 50,000 WMS / Y / ---- / Internal only / Y / £1,500
B / 101-1000 / 50,000 WMS / Y / ---- / Internal only / Y / £5,000
C / 1,001-2,000 / 50,000 WMS / Y / ---- / Internal only / Y / £9,000
D / Unlimited
(including external use) / 100,000 WMS
750,000 WMTS tiles / Y / Y / Y / Y
(WMS Only) / £20,000
E / Unlimited
(including external use) / 750,000 WMTS tiles / ---- / Y / Y / ---- / £6,000

1WMS = Map Transactions; WMTS tiles = Tile Limits

2 OS OnDemand WMTS has been built to OGC standards and we are awaiting certification

OS OnDemand Service Contract

Between:

(1)Ordnance Survey Limited, a company registered in England and Wales (company registration number 09121572) whose registered address is at Explorer House, Adanac Drive, SOUTHAMPTON, United Kingdom, SO16 0AS (OS, we, us, our);

(2)Licensee, you, your, as defined in sections 1 and 2 of the OS OnDemand Order Form.

Background:

AOS provides services through which the Licensee is able to access OS Data displayed in a Raster Format either (i) via a web-based managed feed using Web Map Service technology (WMS) and (ii) subject to being licensed for Great Britain coverage of the relevant OS Data, via a proprietary API using Web Map Tile Service (WMTS) technology. In addition to API access, where you add our API into your web application’s html code, WMTS now supports access for OGC WMTS Tile requests and XYZ Style Tile Requests.

BYou may also elect to use one of the mapping data software development kits created and made available by OS (OpenSpace SDK) and licensed under open source licence terms which are located at the following url:

1Definitions & interpretations

Agreement / means these terms and conditions including the schedules and the OS OnDemand Order Form.
API / means application programming interface.
API Key / means a unique alphanumeric API key permitting access to the OS OnDemand Datasets via the OS API.
Business Day / means any day which is not a Saturday, Sunday or public holiday in England, but excluding the period between Christmas Day and New Year’s Day.
Call Off Order Form / means the completed Order Form signed by the Licensee and OS pursuant to the G-Cloud Services IV Framework Agreement entered into by the Government Procurement Service and OS.
Change in Law / means a change in legislation, regulations, governmental or administrative practice or a decision by any competent court.
Client Referrer URL / means a URL sent by your GIS for the purpose of accessing the WMTS.
Collective Purchase Agreement Licence / means any licences you hold under (i) the Public Sector Mapping Agreement (or any successor agreement) between OS and the Department for Communities and Local Government or (ii) the One Scotland Mapping Agreement (or any successor agreement) between Scottish Ministers and OS.
Commencement Date / means the date specified in section 1.1 of the Call Off Order Form.
Confidential Information / means any information that is marked or identified as confidential, or that would reasonably be considered to be confidential in nature, that relates to the affairs of a party and is acquired by the other party in anticipation of or as a result of the Agreement.
Contractor / means any contractor engaged by you or tendering to provide goods or services to you in connection with OS Data.
Control / means the power (directly or indirectly) to appoint or remove a majority of the directors or otherwise direct the affairs of an organisation.
Data / means any text, graphic, audio and/or visual material, software, application, data, database content or other multimedia content, information and material.
Expiry Date / has the meaning ascribed thereto in section 1.2 of the Call Off Order Form.
Fee / the fee payable to us for your use of OS OnDemand.
Intellectual Property Rights / means copyright, patent, trade mark, design right, database rights, trade secrets, know how, rights of confidence and all other similar rights anywhere in the world whether or not registered and including applications for registration of any of them.
Licence / means any Collective Purchase Agreement Licence, Framework Direct Licence (including any related Data Contracts) or the Open Government Licence under which you license OS Data.
Licensed Use / means your permitted use of OS Data under a Licence.
Login / means your username, url, password and any other registration details you provide to allow access to OS OnDemand.
Map Transaction / means the display of a Raster Format image depicting mapping created from the OS OnDemand Datasets in response to your request.
Open Government Licence / means the terms set out at
OS API / means the mapping data API created by OS to allow you access OS OnDemand Datasets via OS OnDemand WMTS (which consists of the object and source code form of (i) our proprietary API software and (ii) open source software).
OS Data / means Data including the OS OnDemand Datasets which we own or which we licence from a third party (including the Crown).
OS OnDemand / means a service providing access to OS Data displayed in a Raster Format either (i) via a web-based managed feed using WMS technology (OS OnDemand WMS) and (ii) subject to being licensed for Great Britain coverage of the relevant OS Data, via a proprietary API using WMTS technology (OS OnDemand WMTS).
OS OnDemand Datasets / means a set of OS Data (including OS OpenData) products made available as a Raster Format view through OS OnDemand.
OS OnDemand Order Form / means the form to which the Agreement is annexed.
OS OpenData / means the datasets identified on our website ( which are owned by or licensed to OS and are licensed under the Open Government Licence.
Raster Format / means the representation of mapping composed of individual pixels (the smallest discernible element of such mapping) where the information stored within each pixel corresponds to the colour of that pixel only and such information is not referenced to the information within any other pixel.
Service Band / means the level of service of OS On Demand you have chosen, as specified in your OS OnDemand Order Form.
Term / means the period between the Commencement Date and the Expiry Date.
Terminal / means a laptop, PC, workstation or any other equipment containing a screen on which the OS Data may be displayed.
URL / means the domain name against which we will register your API to enable you to access the service.
Usage Limits / means the daily limits on the number of Map Transactions or tiles specified in your OS OnDemand Order Form.

1.1In this Agreement, unless the context otherwise requires:

a)words in the singular include the plural and vice versa;

b)references to: a) a Clause are to a Clause of these terms and conditions; and b) a statute or statutory provision include any amendment, extension or re-enactment of such statute or provision.

2Use of OS OnDemand

2.1You agree to be bound by the terms and conditions of this Agreement by submitting a signed OS OnDemand Order Form. A contract is formed when we provide written acceptance.

2.2In consideration for your payment of the Fee, we grant you a limited, non-exclusive, non-transferable, fully revocable licence for the Term to access and use OS OnDemand for the purpose of accessing and using the OS OnDemand Datasets.

2.3Your rights to use OS OnDemand, OS OnDemand Datasets and the OS API are subject to the terms of your Licence. You shall not be entitled to access and/or use any OS Data not permitted under the terms of your Licence.

For the avoidance of doubt, you cannot use any OS Data licensed under the Framework Contract (Partners) with this Agreement.

2.4In the event of any conflict or ambiguity between the Licence and this Agreement, the former will take precedence.

2.5In order to use OS OnDemand WMTS, you must be licensed for Great Britain coverage of the relevant OS OnDemand Datasets.

2.6OS OnDemand Datasets are available in a Raster Format view only. Your use of OS OnDemand is not intended to be your primary means of access to OS Data under your Licence and is not intended to fulfil our obligations in respect of OS Data under the Licence.

2.7You have no rights to use OS OnDemand and/or the OS API except as specifically set out in this Agreement. Without limitation, you are not licensed to do any of the following:

a)decompile (as defined by the Copyright, Designs and Patents Act 1988 section 50B), or attempt to decompile, any software or computer programs contained within OS OnDemand. The interoperability or interface information necessary to create an independent program which can be operated with the above software or computer programs is available from us upon request; or

b)use OS OnDemand, the API Key or OS Data to recreate any of our products, any part of such products or any similar products otherwise than in accordance with the relevant Licence.

2.8You may use either the OS API or a third party API to access OS OnDemand. If we have provided you with an API Key:

a)we hereby grant you a non-exclusive, non-transferable, royalty free and fully revocable licence to install, run and use the OS API in conjunction with OS OnDemand WMTS; and

b)we hereby grant you a licence to use the OS API in accordance with the relevant licence terms set out on our website. In the event of conflict between the provisions in this Agreement and the terms set out at such url, the latter shall take precedence.

2.9Subject to the provisions of Clause 2.10, this Agreement does not give you any right to sublicense or otherwise provide access to OS OnDemand to third parties other than your own Contractors.

2.10If you appoint a Contractor then, without prejudice to obligations under the Licence, you must procure that the Contractor is not granted any rights that exceed those granted to you under this Agreement and related Licences and executes a licence:

a)to observe the obligations and restrictions set out in this Agreement and related Licences;

b)which includes a right for us to enforce such agreement directly against the Contractor; and

c)which will terminate automatically with immediate effect on termination or expiry of this Agreement.

2.11You shall remain solely liable to us in respect of any act or omission of any Contractor.

3Term

3.1This Agreement will terminate on the Expiry Date.

4OS’s obligations

4.1We shall use reasonable endeavours to:

a)provide at least a 99.9% uptime service availability level for OS OnDemand (excluding periods during which the service is unavailable due to planned maintenance or faults attributable to any third party, including hosting suppliers); and

b)give you not less than 5 Business Days’ notice of all planned maintenance and upgrades.

4.2We shall provide error corrections, updates and upgrades as they become available, and provide technical support via our Customer Service Centre, available on Business Days between 8:30am and 5:30pm.

5Licensee’s obligations

5.1You shall:

a)take appropriate technological and security measures to ensure that access through your account to OS OnDemand, the API Key, the OS API and OS Data is physically and electronically secure from unauthorised use or access;

b)ensure that the number of terminals accessing any particular OS OnDemand Dataset does not exceed the number of terminals permitted under the relevant Licence and your Service Band;

c)ensure that your access to OS OnDemand does not exceed the Usage Limits applicable to your Service Band (specified in your OS OnDemand Order Form);

d)keep your Login confidential and not use or register it with the intent of impersonating another person;

e)report to us any unauthorised use of OS OnDemand or the OS OnDemand Datasets;

f)report to us any interruption to OS OnDemand (except where arising from Planned Maintenance or Licensee caused outages) with a description of the Service Failure and any other information we require; and

g)inform us in writing of any change of Control of your business not more than 30 days after it becomes effective.

6Fees

6.1You shall pay the Fee applicable to your Service Band annually in advance.

6.2We may invoice you for the Fee on or after your Commencement Date, or any anniversary of it. You shall pay the Fee (together with VAT and any other applicable taxes) in pounds sterling within 30 days of our invoice date without deduction or set-off.

6.3The Fee is non-refundable except in accordance with Clauses 7.2 and 9.4.

7Variation

7.1We reserve the right to change any part of this Agreement, including the availability of the OS OnDemand Datasets, on 90 days’ notice, unless such change is required by law or our third party suppliers (including any third party hosting provider) on less than 90 days’ notice, in which case we shall give you such notice as is reasonably practicable in the circumstances.

7.2If you do not find any changes made in accordance with Clause 7.1 above acceptable, you may terminate this Agreement by giving us:

a)a minimum of 30 days’ notice in writing; or

b)where such change is required by law or by our third party suppliers (including any hosting services provider) and we give you less than 30 days’ notice of such change, a shorter period of notice in writing;

provided that in each of (a) and (b) such notice is to expire on the same date as our notice to you under Clause 7.1. In such event, you will be entitled to a rebate of a fair and reasonable proportion of the Fee paid in advance if the period to which the Fee relates has not expired by the date of termination.

8Auditing

8.1You shall provide evidence of compliance with any of your obligations under this Agreement if we so request.

8.2You will maintain accurate and complete records of your use of OS OnDemand, including the number of terminals accessing OS OnDemand and Login records. We or our representatives have the right on reasonable notice during business hours to enter your premises and to inspect and audit your books of account and all supporting documentation to ensure your compliance with the Agreement and to take copies of any necessary records. You shall, at your expense, make appropriate employees and facilities available to provide us with all reasonable assistance to enable such inspection, auditing and copying to take place.

8.3You will comply with any reasonable measures stipulated by us as a result of any audit.

9Termination

9.1If you use OS Data or OS OnDemand outside the terms of the Licence or this Agreement, we reserve the right to suspend or deactivate your use of OS OnDemand without notice. This includes any use of OS OnDemand which consistently or substantially exceeds your Usage Limits.

9.2Either party may terminate this Agreement immediately upon giving the other written notice in the event that:

a)the other party is in material breach of any of the terms of this Agreement (including any failure to pay any part of the Fee) and such breach is incapable of being remedied or, being remediable, is not remedied within 30 days from the date of a written request to do so;