SCADAfarm Terms and Conditions

 

By purchasing a SCADAfarm telemetry device or accessing our service, you are agreeing to the terms and conditions set out below. If you do not agree with the terms and conditions, you must notify us in writing within 14 days of installation and must not continue to access the service.

 

Services Provided

SCADAfarm will collect, hold, and share data collected by remote telemetry devices in accordance with the terms and conditions stated below. SCADAfarm provides a web-based irrigation control service. SCADAfarm hardware allows remote control of pivots and/or pumps, collects information from sensors in remote locations, and reports this data back to a central server where it is stored and provided to third parties such as councils. Customers can access the the SCADAfarm website at www.scadafarm.com

The service is provided on a best-effort basis. SCADAfarm is not responsible for any disruption of service caused by things such as inadequate cellular coverage, power outages, faulty sensors or damage to equipment.

Annual Fees

Subscription fees are paid annually and billed at the beginning of the period (First day of the month following installation). Each unit must be invoiced to a single customer, although payments from multiple sources are accepted. Upon each yearly anniversary of the service commencement, the annual subscription will renew automatically unless the customer contacts SCADAfarm to cancel the service. If cancellation is made after the renewal date but before payment is made, the customer will be required to pay any charges up to the date of cancellation. SCADAfarm may change the annual fees from time to time by providing customers with at least 60 days notice in writing (we aim to give at least 6 months notice where possible) before the next subscription renewal date. Written notice will be sent in the same manner as the customers preference for billing (email or post)

Termination

Termination by Customer : Customers may terminate the service at any time by providing written notice (via email or post) to SCADAfarm with at least 30 days notice

Termination for cause: Either party may terminate this Agreement immediately by giving notice to the other party, if the other

party;

a. Commits a material breach of this Agreement and fails to remedy that breach within 10 Business Days in receipt of notice of

the breach from the first party; or

b. Becomes insolvent, is placed in receivership or liquidation, is the subject of any winding up or liquidation resolution or order, or is

subject to any other form of insolvency action or administration.

SCADAfarm may also terminate the agreement immediately if the Telemetry Devices or connected Water Meters are tampered with in a manner which is intended to allow the unmetered taking of water.

 

Customer Obligations

The customer agrees to only use the service for its own lawful business purposes and must not resell the service or collected data.

The services shall only be accessed by the customer, and employees of businesses owned by the customer. The customer must not provide access to third parties without first attaining approval from SCADAfarm.

The customer agrees to actively and frequently monitor the collected data, that they are solely responsible for the accuracy of the collected data, and to inform SCADAfarm as soon as practicable if a problem is detected such as a malfunctioning sensor.

The customer agrees to maintain the equipment to a working standard, including any sensors, devices or power supplies required by SCADAfarm hardware and associated sensors. This includes but is not limited to:

- Ensuring solar panels (if fitted) are kept clean and free of debris. Bird control measures may need to be installed by the customer if this is a problem

- Ensuring power is kept on to the equipment and connected sensors such as water meters year round

- Ensuring appropriate pest control and stock control is in place in the area of the equipment, including any sensors such as water meters.

The customer also agrees to carry out a physical check of equipment if requested by SCADAfarm.

The customer must ensure SCADAfarm is informed as soon as practicable in the event of a change of ownership of the site on which the equipment is installed. The customer agrees to provide SCADAfarm with contact details of any new owners.

Compliance

In order to provide compliance data to NZ council authorities, SCADAfarm must agree to any terms and conditions set out by the consenting authority. As such, SCADAfarm requires all customers to agree to such terms, which are usually part of the consent document.

If the site is providing compliance data, the customer agrees to inform both SCADAfarm and their local council of any changes that may affect the customers consent, or data related to that consent. This includes but is not limited to, work on headworks or sensors (such as water meters) by third parties, the removal or changing of equipment, disconnection of power to the site.

SCADAfarm may choose to stop providing data to the local council if it believes these conditions aren’t being met, and will endeavour to inform the customer including the reason for data transfer being stopped.

From time to time, consenting authorities may require extra work to be carried out on the customers behalf. Where such requirements are outside of SCADAfarms control, SCADAfarm may pass on the cost to the customer in full. For example, if the customer engages a third party to carry out work on site which results in disruption to data, or incorrect data, the customer may be liable for the costs of correcting the issue. Any work carried out must be done by a blue tick approved installer as required by the local council, and SCADAfarm must be informed of any work carried out.

Equipment

Once installed and paid for, customers have full ownership over the equipment. This does not guarantee a right to use the SCADAfarm service. The customer agrees not to interfere with, or disconnect the equipment without contacting SCADAfarm.

Rights to data

The customer has full rights over any data (excluding compliance data) collected during the period of service, provided annual fees are paid in full. SCADAfarm shall retain data for a period of at least 7 years as long as a subscription remains active. Once the service has been cancelled, SCADAfarm may delete the customers data at its discretion, and it is the customers responsibility to obtain backups of data before the date of cancellation. After cancellation, customers may apply to SCADAfarm to retrieve historical data for a fee, although there is no guarantee the data will be available. SCADAfarm is under no obligation to provide interpretation of the data, other than the graphical format provided.

The customer has limited rights over compliance data due to regulations. The customer may not control or change the data in any way, including making any corrections. Any corrections must be submitted to SCADAfarm for review, and if SCADAfarm agrees then the data may be corrected and submitted to the local council along with an explanation. The customer may still cancel the service, or request that the data is no longer provided to the local council at any time by submitting notice in writing, but SCADAfarm may need to inform the local council of the request (SCADAfarm is obliged to provide explanation to the local council if data is stopped)

Security of data

SCADAfarm makes every effort to ensure the security of customers data using standard practices such as regular backups, encryption (where necessary), and secure features such as customer logins. SCADAfarms also implements a policy to limit access to data between the unit and consenting authorities, all data is submitted as collected by the unit.

Access to data

Access to the data is provided to the customer exclusively through the SCADAfarm website in a graphical, interactive format. The login may only be used by the customer and related employees, and must not be provided to any third parties without consent from SCADAfarm. All login attempts and IPs are recorded for security and the login may be disabled if unusual activity is detected. The service may only be accessed in agreement with the terms and conditions contained in this document.

Third party Access

If the customer wishes to make data available to a third party such as a consultant, data analyst, or other businesses, they must contact SCADAfarm first to obtain consent and arrange access. Access will be provided by means of a separate login, the customer must not give out their password for security reasons. Please contact SCADAfarm for more details.

Privacy

Any Personal Information collected will be held by

SCADAfarm

2068 Pakowhai Road

Hastings

New Zealand

We will keep your information private and will not share it with any third parties without your consent. SCADAfarm may share information with the original equipment installer for purposes relating to the service such as trouble shooting, or where the installer needs access to your data for checking accuracy and correct function (for example to check that a flow meter output is working). This information will be shared in good faith and may be without your knowledge.

If your system is used for sending compliance data to consenting authorities, or has previously been used for this purpose, SCADAfarm may share your information with the local council as required.

Warranties

SCADAfarm warrants that the Equipment will be free from material defects in workmanship and materials for a period of 24

months from the date the Equipment is installed on the Sites

In the event of faulty or defective equipment, SCADAfarm shall repair or replace the equipment at its discretion (not including any associated freight or installation costs). In the event that a fault is determined to be caused by the customers equipment, SCADAfarm may charge for any costs incurred diagnosing the fault or providing replacement.

SCADAfarm does not warrant that the Services:

a. will work with customer equipment other than that specified in the Installers Manual

b. will be uninterrupted or error free

The customer agrees that they are entering this agreement as a business and that the Consumer Guarantees Act 1993 does not apply to the supply of the Services, Hardware or this Agreement.

Limitation of Liabilites

SCADAfarm is not liable for any losses or consequences, directly or indirectly arising from the loss or inaccuracy of collected data. The customer understands that they are responsible for ensuring accuracy of data and complying with consent conditions.

SCADAfarm is not liable for any damage or losses incurred due to machinery being operated remotely via the SCADAfarm platform. SCADAfarm provide warnings when starting machinery, and the customer is responsible for ensuring equipment is started in a safe manner

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