AgRecord (2013) Ltd
Terms and Conditions for the use of ‘Cloud Farmer’
AgRecord provides users with a platform to share and record farm information through their cloud based web application and their mobile phone app, Cloud Farmer (the “Service”). Cloud Farmer is wholly owned by AgRecord (2013) Ltd.
This agreement between you (the farm business) and AgRecord consists of these Terms of Service. “You” means any person or entity who uses the Service and/or posts Content to the Service. By using the Service and/or posting Content you agree to be bound by the terms and condition of this Terms of Service.
By using Cloud Farmer, either paid or as part of the free trial, you acknowledge that you accept the following terms and conditions. If you do not accept these terms and conditions, you must refrain from using the service
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon publication on this website. Your continued use of the website following such publication will represent an agreement by you to be bound by the terms and conditions as amended.
Certain other information about you is subject to the Privacy Notice. For more information, see our full privacy notice which can be found at the bottom of every page of your Cloud Farmer system.
User Conduct and Content
You understand that all information, data, text, comments, graphics, messages or other materials (“Content”), are the sole responsibility of the person from which such Content originated. This means that you, and not AgRecord are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
It is up to the discretion of the Farm Administrator as to who is invited to view the system and what level of permission settings users have. AgRecord take no responsibility for irreparable sabotage of your system by a user that you have invited onto your system, whether the damage was intentional or not.
All information provided by AgRecord is pursuant to these terms and conditions and is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice.
We do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us.
AgRecord charge a one off system fee for each Cloud Farmer system of $1000 + GST. In addition there is a tiered monthly subscription of:
- $55+ GST for 1-3 staff
- $70+ GST for 4-7 staff
- $110+ GST for 8-12 staff
Extra systems attract a system fee of $500 plus GST, and unlimited extra pages are charged at a one off fee of $500 plus GST. If there is more than one system, subsequent extra pages will be charged at a one off fee of $200 plus GST.
Cloud Farmer Corporate Rate applies for properties with 3 or more properties and/or more than 12 staff.
The subscription fee includes regular upgrades, newsletters, phone support and the hosting of your system on a secure server.
Terms of Payment
Payment for the full invoice amount for the services provided is required on or before the due date unless alternative arrangements have been made in writing between AgRecord and the Client.
AgRecord reserves the right to charge interest on any amounts overdue at 12% per annum from the date payment is due until payment is made in full.
Payment of all monies will be without set-off or deductions of any kind
Payments received from the Client will be apportioned by AgRecord to outstanding amounts in such order as they may determine in their sole discretion.
Ownership of information
Ownership of information inputted is that of the farming business. However should payment of the monthly subscription become more than 60 days overdue then the user’s system will be frozen. Information will be able to be viewed or exported, but users will be unable to update information until all overdue monies have been paid.
AgRecord reserve the right to delete the system of any user that becomes more than 120 days overdue unless a prior arrangement is agreed to by both parties beforehand.
Refusal or Discontinuance of Service
AgRecord reserves the right to refuse or discontinue service to any user for non-compliance with these Terms of Service, including non payment.
Cancellations for subscriptions will become effective at the next payment date regardless if they are paid monthly or annually in advance. No refund will be given. Users will be able to view and export their information for 30 days following notice of their cancellation
Limitation of Liability
AgRecord shall have no liability whatsoever for lack of care by the Client causing damage or loss to the Client’s Cloud Farmer system. The Client acknowledges that the success of the system is dependent upon the Client’s input.
Where AgRecord is required to reinstall or repair a Client’s Cloud Farmer system, due to the Client’s lack of care, this will incur an IT charge of $150 per hour.
Subject to applicable law, you agree to indemnify and hold AgRecord and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
AgRecord and its Directors do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website. To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded.
You agree that the access of information and use of Cloud Farmer is being conducted in the course of your trade or business. Accordingly, the Consumer Guarantees Act or any replacement Act does not apply to your use of your Cloud Farmer system.
Exception to Disclaimer
The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
AgRecord shall retain copyright of all intellectual property prepared or created by them. The Client shall be entitled to use AgRecord’s intellectual property, including drawings, specifications and other documents for the purpose of the project. The ownership of the user’s Cloud Farmer system and all data and information collected by the users shall remain the property of the Client, subject to their subscription payment
Restricted Use/Password Use
Unless we agree otherwise in writing, you and your invited users are provided with secure access to this website. It is not recommended that you share your password with any other party. You are authorised to access data or print a copy of any information contained on this system for your personal use, or for the use of the farming business unless such printing is expressly prohibited.
This website may contain links to other websites (“linked websites”) including but not limited to google calendar and google documents. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our links with other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
These terms and conditions are governed by the laws in force in New Zealand.