This Agreement represents a Service Level Agreement (“SLA”) between Terra Water Systems Limited t/a Terra NutriTECH incorporated and registered in Ireland with company number 508089 and registered office at Moone, Athy, Co Kildare R14 YV25 (“the Company”) and All customers accessing the Terra Nutritech Application (“the Customer”) for the usage of the Terra Opis Controller (“the Controller”).
- The Controller and associated software (together the “Terra Connect Plan”) remains at all times the property of the Company. The Controller is installed on the Customer’s premises subject to the following conditions;
- The Terra Connect Plan will operate for an initial 3 year period. On completion of the first 3 year period the SLA shall continue on a rolling basis of 12 monthly contracts subject to all initial terms and conditions.
- Once an initial 12 month period from installation has lapsed the SLA may be terminated by either party on giving a period of 30 days notice. On termination of the SLA, the Controller shall be removed from the Customer’s premises and all sums due shall be paid.
- The Customer shall discharge a fee of €300 plus VAT per annum at the appropriate rate (“the Lease Fee”) to the Company during the currency of the Plan.
- During the currency of the Plan the Company will fully maintain and service the system.
The Company shall ensure that the Customer receives the benefit of any software updates that may become available during the currency of the contract – remote monitoring, monitoring app etc.
- The Company retains ownership of the Controller throughout the SLA period and at the termination of that period.
- The Company shall not be responsible to repair or make good any damage caused to the Controller by the wilful or neglectful acts of the Customer or power fluctuations from the power network.
- The Customer is responsible to insure the Controller against damage and power fluctuations whilst the Controller remains on the Customer’s premises.
- The Controller will only be used for dispensing minerals and products supplied the Company.
- Should the Customer fail to discharge the Lease Fee when requested or should the Customer fail to discharge invoices arising from the supply of minerals and products from the Company then the Company shall be entitled to cancel the remainder of the SLA and remove the Controller from the Customer’s premises. The Company shall not be required to refund any Lease Fee pro-rata.
- The data contained on the Controller, associated tablets and Terra NutriTECH mainframe remains the property of the Company at all times.
- Minerals supplied by the Company shall only be dispensed through the Controller. The Company accepts no liability for any product which is not dispensed in the appropriate manner or any damage resulting from in the inappropriate dispensing of product. Use of non-TERRA NUTRITECH product in the Controller is strictly prohibited. Any attempt to use non-TERRA NUTRITECH product may result in the voiding of the contract between the Company and the Customer. The Customer shall be liable for any damage caused to the Controller or related equipment from such use of non-TERRA NUTRITECH product.
- Any advice or recommendation given by the Company, its servants or agents as to the mode of storing, applying or using any of the goods supplied by the Company is given without liability on the part of the Company, its servants or agents.
- The Company recommends that the advice of an animal nutritionist/veterinarian be sought prior to using the mineral products. The Mineral products supplied by the Company are intended as an aid in the prevention of tetany, and to aid in the long-term mineral balance of grazing cattle.
- This is not a finance lease.
I confirm that I have read and accept the above together with the Terms and Conditions supplied to me.
- Who we are:
We are Terra Water Systems Limited t/a Terra NutriTECH (the Company) of Moone, Athy, Co. Kildare R14 YV25. You can contact us at this address by post or by email at firstname.lastname@example.org
Our data protection representative is Antoinette Hennessy.
- Why we process your data, the lawful basis for processing your data and who we share it with
For our customers, we process data:
- in order to provide you with our products and services
- in order to administer accounts and billing
- to provide you with information about new products and developments
The legal basis for the processing of this data is processing necessary for the performance of a contract to which you are a party.
There may also be limited circumstances where our legal basis for processing is your consent (where we have sought it and you have provided it to us), in which case you can withdraw your consent at any time.
We share this data with our office/accounts management system provider. We may also send you emails through our email service provider. They may only process this data for the purpose of providing us with their services, and no other purpose.
We will retain this data for 12 months after you cease to be a customer of Terra NutriTECH.
- For our potential, current and past customers, we process data:
- in order to market the services of the Terra Group
- to provide you with updates and newsletters to which you have subscribed
The legal basis for this processing is our legitimate interest in the administration and operation of our services as well as our legitimate interest in marketing and promoting our Company’s products and services. We always include an unsubscribe button in our communications, so you can opt out of receiving such communications at any time.
We may share information such as your name and email address with our newsletter services provider who may send out newsletters on our behalf. This provider is not permitted to use this data other than on our behalf.
We will retain this data for 12 months.
- Information received from third parties and the source of that data
We may receive personal data relating to clients from third party sources. Such sources may include Government Departments, or other publicly accessible sources.
- Transfers of data outside the European Economic Area
We may transfer data relating our activities to a service provider located in a country outside EEA. The safeguard we have put in place for this transfer is to enter into European Commission approved standard contractual clauses with the provider.
- Your rights relating to personal data
You have the following rights under the GDPR, in certain circumstances and subject to certain exemptions, in relation to your personal data:
Right to access the data – you have the right to request a copy of the personal
data that we hold about you, together with other information about our
processing of that personal data.
• Right to rectification- you have the right to request that any inaccurate data that is held about you is corrected, or if we have incomplete information you may request that we update the information such that it is complete.
• Right to erasure – you have the right to request us to delete personal data that we hold about you. This is sometimes referred to as the right to be forgotten.
• Right to restriction of processing or to object to processing – you have the right to request that we no longer process your personal data for particular purposes, or to object to our processing of your personal data for particular purposes.
•. Right to data portability – you have the right to request us to provide you, or a third party, with a copy of your personal data in a structured, commonly used machine readable format.
In order to exercise any of the rights set out above, please contact us at the contact details at the start of this privacy notice.
If we are processing personal data based on your consent, you may withdraw that consent at any time. This does not affect the lawfulness of processing which took place prior to its withdrawal.
If you are unhappy with how we process personal data, we ask you to contact us so that we can rectify the situation.
You may lodge a complaint with a supervisory authority. The Irish supervisory authority is the Data Protection Commission.
- Requirement to process personal data
If you do not provide us with your information for the purposes described above, we cannot provide you with our products and services – nor can we send up updates/our newsletter,
- Automated decision-making and profiling
We do not use any personal data for the purpose of automated decision-making or profiling.