Visualnacert, hereinafter Visual, with CIFB98655889 and registered office at Calle Mayor 41 Rafelbuñol (Valencia), is a company dedicated, among other activities, to the development, distribution, promotion and implementation of technological solutions for the agri-food sector.
Among the technological solutions provided by the company is Visual Sensor, conceived as an access service to agroclimatic data that monitors climate and soil (humidity, temperature …) and plants and integrates data from the Visual sensor network and from other stations. public or third parties. This service has a device that is installed in the field as well as software that can be accessed via the web or application compatible with both iOS and Android. The technical characteristics of the devices to be installed on the plots are included in the Particular Conditions.
This Contract is developed and specified through the Clauses included in the Particular Conditions, in these General Conditions and in the provisions of the Annexes incorporated. All these conditions are an integral and inseparable part of the Contract for all legal purposes. The nullity of any of them or of the Annexes does not invalidate the rest of the Contract.
Together with these conditions, the sensors are delivered for use in the plots cultivated by the Client during the validity period of this Contract, the product references are indicated in the Particular conditions. Said sensors must be returned within a maximum period of 7 business days from the end of the subscription under the same conditions that are delivered by Visual.
The formalization of this subscription by the Client will in any case include the right of access to a software that can be accessed via the web or application compatible with both iOS and Android from which the agroclimatic data collected by the sensors can be consulted. and monitor the results obtained. For this purpose, Visual will provide the application, the access codes and the necessary training for the use of both the sensor and the described application. Visual will keep the Client informed of the existing updates and news of the application and will collaborate in the recovery of the collected information retained on the device in the event of a specific lack of coverage. Notwithstanding the above-mentioned obligations, Visual will be exempt from liability in the event that the application itself or its functionalities are limited by a lack of specific coverage by the provider company, Sigfox, collaborating only in the recovery of the data retained on the device, as indicated above.
This collaboration will not occur in those cases in which the information is not collected due to the lack of battery of the devices, in which case there will be a loss of data, since they will not be retained in the sensor.
It is expressly stated that the sensors that are delivered at the time of subscription may only be used to fulfill the functionalities described in the Particular conditions without their destination being changed, manipulated, moved or installed in other areas or plots other than those previously identified without prior written authorization from Visual.
The duration of this contract will be ONE (1) YEAR from the date of signature of this. Upon its expiration, the Contract will be understood tacitly extended unless one of the Parties declares with THIRTY (30) days prior to the expiration of the contract itself or of any of its extensions of their will not to renew it.
The amount corresponding to the subscription to the service described in the First Clause must be paid at the time of signing the Conditions. The payment made will cover the subscription during the first year of the Contract. In the event of an extension, the Client must pay the amount corresponding to the subscription annually. The amount to be paid for each year will be determined in the Particular Conditions.
The fee to be paid includes, in any case, the necessary maintenance coverage for the devices delivered to the Customer.
Payments will be made within the terms established in the particular conditions by transfer to the account that VISUALNACERT indicates on the invoices.
FOURTH.- TRANSPORTATION AND INSTALLATION
Visual will take care of the transport and installation of the sensors in the spaces set up for this purpose in the Customer’s plots.
As soon as the sensors are installed with the elements that accompany them, they may not be modified, manipulated or transferred by the Client.
In case it is necessary to make any type of modification on them, this circumstance must be communicated by email with acknowledgment of receipt to Visual, which will send to the corresponding technician.
FIFTH.- ASSIGNMENT AND SUB-LEASE
The Client may not assign or sublease the sensors provided in relation to the subscription service contracted.
SIX.- CONSERVATION, MAINTENANCE AND REPLACEMENT
Ordinary repairs as well as ongoing maintenance will be carried out by Visual, understanding their cost included in the fee referred to in the Third Clause.
In the event that the devices suffer any failure, for reasons not attributable to the Parties, for example, a manufacturing defect, the Customer must send the sensor to Visual within a maximum period of two business days from the detection of the incident, with The purpose that this can use the warranty with the device account, which is two years from the date of purchase.
SEVENTH.- INTELLECTUAL AND INDUSTRIAL PROPERTY
All intellectual or industrial property rights associated or related to the execution of the contract, the provision of the service, the software, the techniques, the know-how, the processes and the methodologies (including a non-limiting and illustrative title, the results of the tests, statistical information and other information generated during the execution of the contract), are and will continue to be the exclusive property of Visual. In any case, it will be understood that the information obtained is the property of Visual, being able to use it for the appropriate purposes.
EIGHTH.- CONFIDENTIALITY AND DATA PROTECTION
Visual will keep strictly confidential all information and personal data received from the Client as a result of their subscription to the service. The data will only be processed for the fulfillment of this Contract, prohibiting its use or application for different purposes.
Visual is responsible for the data collected from the Client. The purpose is to manage the execution of the contract, being the contractual legal basis. The data will be kept for the duration of the obligation and to comply with the corresponding legal obligations, for example, in tax matters.
The Client can exercise their rights of access, deletion, rectification, opposition, limitation of treatment and portability, at any time by writing to Visual proving their identity to the address C / Mayor, 41, Rafelbunyol, 46138, Valencia. And, in case you estimate it
NINTH.- ASSIGNMENT OF THE CONTRACT
The Parties may not assign the rights and obligations arising from this contract, without the prior written consent of the other.
Any modification of this Contract will not be valid if it is not done expressly and in writing, with the authorized signature of both parties.
Except as provided for in this Contract, any notification that must be made between the Parties as a result of it is made to the addresses indicated in the particular conditions.
Both parties, renouncing the jurisdiction that belonged to them, expressly agree to submit any controversy derived from the present to the Courts and Tribunals of Valencia.
And, in proof of conformity with everything previously stipulated, they sign this document in duplicate and with a single effect in the place and on the date indicated above.