Here you can find the terms and conditions for the GeoSCAN services:
INTRODUCTION AND TERMINOLOGY
1. These General Terms and Conditions shall determine the terms, procedure and time limits for providing services by TECHNO FARM OOD, a limited liability company, established and existing under the laws of the Republic of Bulgaria, entered in the commercial register at the Registry Agency with Uniform Identification Number (UIC) 202511198, having its seat and registered address at Sofia 1540, Iskar district, 12 Prodan Tarakchiev Str., Logistichen Park “Eurogate”, fl. 1.
2. These General Terms and Conditions are deemed an inseparable part of every contract for assignment of service entered into between TECHNO FARM OOD and the relevant USER.
3. The contract is entered into once the USER pays the requested service. On making the payment it is accepted that the USER is familiar with these General Terms and Conditions and that they produce legal effects on the latter. The parties may agree on special terms of providing the service which are different from these General Terms and Conditions by entering into an additional written agreement, stating expressly that such special terms deviate from the General Terms and Conditions.
4. In order to avoid any contradictions or inconsistencies in terminology, the Contractor interprets the terminology related to the assigned services under the contract as follows:
4.1. “THE SERVICE” – a software application, which loads and displays online on a computer screen or on a mobile device screen: an orthophoto with primary colours (RGB) of agricultural territories designated by the USER, as well as its derivative product, being a vegetation index of the designated territory, calculates, based on shooting in the visible and the invisible frequency spectrum, and/or visualizes meteorological data, including, but not limited to, current, forecast and historical data on air temperature, soil temperature and humidity, rain quantity, wind speed and their relevant derivative data on appropriateness to perform agrotechnical activities and/or visualizes data from laboratory analyses of the soil content of nutrients and/or other data described in detail in the contract with the USER.
4.2. The SERVICE is accessible via a mobile application or a website supported by the PROVIDER. Upon entry into the contract the PROVIDER provides the USER with a username and a password, which are used by the latter to access the site or the application. The username and the password shall be sent to an email address designated by the USER. The PROVIDER is not responsible if the USER provides an incorrect email address. The PROVIDER is not responsible for the USER’s correct entry and identification of the agricultural territories, for which information is requested.
4.3. Within the term of the contract the PROVIDER undertakes to ensure one update of the orthophotos every 20 (twenty) days upon request of this service until the end of the term of the contract for the period from 1 October to 30 September of the next calendar year. The meteorological data update for the same location is performed within 4 hours at the most.
4.4. The PROVIDER undertakes to provide orthophotos and/or meteorological data of no less than 75% of the area under the contract with no more than 20% cloud cover for the agreed periods. In case the PROVIDER does not ensure the cover referred to in the previous sentence and in case of 20% or less cloud cover during the period of the shooting (1 October – 30 September), the PROVIDER shall reimburse the USER the proportional amount for every part of the agreed area which is below the minimum and which it failed to deliver.
4.5. The USER’s objection regarding the non-performance of the previous item shall be presented in writing within two business days after access to the specific photos the USER is objecting to.
4.6. If the PROVIDER provides photos within 15 (fifteen) days after the objection pursuant to the terms of the General Terms and Conditions, the service is considered provided.
4.7. If other unforeseen circumstances exist, which prevent the shooting of the requested areas – for example, but not limited to – technical failure of the equipment for the shooting, natural phenomena or disasters, volcanic eruptions, unfavourable weather and other conditions, etc., which obstruct the shooting and which could render the provision of the services either fully or partially impossible, the PROVIDER may refuse the performance of the service until the conditions become favourable.
4.8. The SERVICE may contain links to other websites (e.g. advertisements), integrated products of third parties or it may allow third parties to send such links. The third party’s link to a site does not mean that the PROVIDER approves the content or is linked to the third party. The PROVIDER does not control the websites of the third parties. The USER takes a risk when accessing these websites or content and the USER shall always familiarize himself/herself with the general terms and conditions and the personal data protection policy of these pages before using them. The PROVIDER is not responsible for damages or loss of opportunity arising from the use of content, products or services accessible or secured through a third party’s website.
5. The PROVIDER does not guarantee that the SERVICE provided will meet the requirements of the USER, nor that the USER will have access to it without interruptions, errors or in a timely manner. The PROVIDER is not responsible for the reliability of the data, which can be acquired when using the service, nor shall it be responsible if the quality of the SERVICE does not meet the USER’s expectations. The PROVIDER is not responsible for damages caused by computer viruses and other malicious software (spyware, malware, adware, etc.) which have entered the USER’s system as a result of uploading the SERVICE and/or downloading content from the SERVICE.
6. The risk of using the SERVICE is borne by the USER. Neither the PROVIDER, nor the third parties who have participated in the creation and supply of the SERVICE are responsible for any direct, indirect or other type of damage, arising from the access and use of the SERVICE. The PROVIDER is not responsible for the qualification and/or the objective/subjective inability of the PROVIDER to take advantage of the data received. The PROVIDER is not responsible for the USER’s qualification and/or inability to achieve higher yields, lower costs, higher quality production, etc. The CONTRACTING ENTITY bears the full risk arising from the manner of growing crops. The PROVIDER is not responsible for damages to crops caused by the USER’s actions.
7. The PROVIDER is not responsible in any way whatsoever for the user content, which is published, stored, uploaded or transmitted by the USER. The PROVIDER is not responsible for damages and losses arising from illegal content, including but not limited to: slanderous statements, insults, false or fraudulent statements, etc.
FORCE MAJEURE CIRCUMSTANCES
8.1. Force majeure circumstances as defined in article 306 of the Commerce Act, whereunder performance of the services is objectively impossible because of different preconditions – natural phenomena and disasters, administrative bans, wars, strikes, etc. In case of force majeure circumstances the party whose performance is obstructed shall notify the other party within 10 (ten) business days from the date of their occurrence. In case the affected party fails to notify the other party within the time limit set, the rules regarding the liability for performance in case of force majeure circumstances shall not apply.
8.2. In case of unfavourable weather and other conditions as defined in these General Terms and Conditions the PROVIDER shall notify the USER of their existence.
USER RIGHTS AND OBLIGATIONS
9. The USER has the following rights:
9.1. To use the service provided by the PROVIDER.
9.2. To receive rights of access (username and password) to administer the allocated accounts.
9.3. To change the password provided by the PROVIDER.
10. The USER has the following obligations:
10.1. To immediately notify the PROVIDER of any technical problems and interferences when using the service.
10.2. To notify the PROVIDER of all circumstances related to the change of data for issuing an invoice and other documents, as well as contact persons, registration address and correspondence address.
10.3. To pay the PROVIDER the amounts due within the time limit in accordance with the order and these General Terms and Conditions.
PROVIDER RIGHTS AND OBLIGATIONS
11. The PROVIDER has the following obligations:
11.1. To ensure the continuous use of the service except in case of:
b) technical failure of the devices which are not in its physical possession;
c) internet disconnection for reasons not attributable to the PROVIDER;
d) force majeure circumstances.
11.2. To repair as quickly as possible any failures in the software and hardware as maintained thereby within the limits of the existing technical and production capacities.
11.3. To provide the USER with telephone numbers for contact in case of failures, complaints or questions.
11.4. Not to provide third parties with data on the accounts used, except for the persons using the service and requested by the USER. This clause does not refer to the cases set out in these General Terms and Conditions for which the USER has granted consent.
11.5. To have qualified employees to service the USER and maintain the serviceability and quality of the service provided. 12.
The PROVIDER has the following rights:
12.1. To interrupt the service for technical and operational reasons. In these cases the PROVIDER shall notify the USER within 24 (twenty four) hours before the planned prophylactics to the email provided by the USER. The message is considered delivered when it enters the IT system provided by the USER.
12.2. To receive payments for the service provided pursuant to these General Terms and Conditions.
12.3. To terminate the provision of the service if there is a delay in payment of more than ten days after the issue of the invoice.
12.4. To store the data received for the term of the subscription.
12.5. To notify in a timely manner the USER upon a change of the website for accessing the service.
12.6. To change the website address for accessing the service.
12.7. When sending content via the PROVIDER’s website, the USER grants to the PROVIDER the non-exclusive, perpetual, free, worldwide, transferable right to feature, perform publicly, distribute, store, transmit, broadcast, process, create derivative works or use parts of the content in any other way, including by means which will be available in the future.
12.8. The PROVIDER is entitled to feature advertisements related to the USER’s content as well as to use this content to advertise its activities, products and services.
NON-PERFORMANCE OF THE CONTRACT. LIABILITY
13. The PROVIDER is not liable to the USER where:
13.1. The services are not provided or are provided with impaired quality indicators due to regular or incidental tests performed by the PROVIDER in order to optimize the services while complying with the General Terms and Conditions;
13.2. The USER has not fulfilled its financial obligation to the PROVIDER on time;
13.3. It is impossible to use electricity due to local problems with the electrical power grid or resources outside the PROVIDER’s electrical power grid or there is a failure of the electrical power grid, in the transmission medium or in the equipment between the PROVIDER and the USER, which is not due to the fault of the former;
13.4. It is impossible to use the Internet due to local problems with the Internet network or resources outside the PROVIDER’s network or failure of the Internet network, in the transmission medium or in the equipment between the PROVIDER and the USER, which is not due to the fault of the former;
13.5. The USER does not comply with the instructions and requirements provided by the PROVIDER’s employees.
ADDRESSES AND CORRESPONDENCE CONTACTS
14. The parties determine their addresses and contacts set out in the Contract to be used in the cases provided for in these General Terms and Conditions.
15. All messages and notices between the parties shall be in writing as a condition of their validity. This rule is considered complied with when the notices are sent to the addresses designated by the parties by a registered letter with acknowledgement of receipt, courier service, fax or email.
16. In case any of the parties changes the above-mentioned addresses and/or contact persons and does not notify the other party within 24 (twenty four) hours after the change, or in case it refuses to receive a notice, or in case it cannot be found at the designated address for whatever reason, the messages sent to the designated address are considered validly sent and received as defined in these General Terms and Conditions.
ENTRY INTO FORCE AND TERMINATION OF THE CONTRACT
17. The contract enters into force from the payment date of the requested service.
18. The contract is terminated:
18.1. Upon the expiration of its term;
18.2. By common consent of the parties.
19. The parties designate persons and addresses for correspondence. In case such persons and addresses are not expressly specified in the main contract, the representatives and the addresses of the parties designated in the Commercial Register or other registers shall be used for that purpose.
20. By entering into a contract the USER agrees that the PROVIDER is entitled to transfer its rights under the contract to a third party, in which case the PROVIDER undertakes to notify the USER thereof.
21. These General Terms and Conditions have been developed by the PROVIDER and shall apply to the relationship between the PROVIDER and USER in the provision of the SERVICE.