Website Terms and Conditions
Provision of services and digital content to customers
Who are we and our contact details?
We are SMARTBASE GROUP INTERNATIONAL, CORP. We are a company registered in the United States.
You can reach us in Latin America in any of the following ways:
- • An email to info@agrocognitive.com; Or
- • Writing to us at 6244 Blue Sage Loop, Orlando, FL 32829
If you need it, our TAX number is available.
What do these terms do and why are they important?
Please read these terms and conditions carefully before placing an order with us through the website. They contain important information.
- • How we will provide you with the services and/or digital content you have ordered
- • Our payment terms and delivery times
- • The circumstances in which this contract can be modified or cancelled by you or by us (including within a cooling-off period)
- • What you should do if there is a failure with the services and/or digital content we have provided to you, and
- • How we will use your personal data as well as other matters.
If, in these terms and conditions, we say that either of us can contact the other by "writing", then this means it can be by letter or email.
Your personal information
For information about how we collect and use your personal information, please see our website privacy policy, which is available here.
Privacy Policy
Our privacy policy is available and contains detailed information about the handling of personal data.
View Privacy PolicyOrder Process and the Contract between you and us
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Changes to services and/or digital content
Changes requested by you
If you wish to make a change to the services and/or digital content for which you have already placed an order, please contact us as soon as possible. We will always be willing to discuss with you whether the change you wish to make is possible, and whether there are likely to be changes in price, delivery times, any suspension period while changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we will ask you to confirm that you wish to proceed with the change, to ensure that we both have a clear understanding of how we need to meet your request.
Minor changes by us
In some circumstances, we may need to make minor changes to the services and/or digital content you have requested. Since these are minor changes and will not affect your use of the services and/or digital content, we do not usually contact you about them. These minor changes are likely to be:
- • Because we need to update the services and/or digital content to implement a change in the law, or a regulatory requirement; and/or
- • Because we need to make small technical changes or improvements that will not affect your use, handling or enjoyment of the services and/or digital content
Exceptional major changes
We may, exceptionally, need to make a more significant change to the services and/or digital content. If these exceptional circumstances arise in relation to an order you have placed with us, we will contact you before making the change to inform you. If you do not wish to continue with the change, you will have the right to cancel the contract and section 14.1 (cancellation terms) of these terms and conditions will apply.
Types of expected changes
The changes we expect to fall into this section are:
- • Changes to the terms and conditions of the satellite imagery service
- • Any local government restriction on taking aerial photographs in a specific area
- • Digital content updates
Digital content updates
From time to time, we may need to update, or we may ask you to update, our digital content. We will ensure that even after this update, the digital content continues to match the description provided to you during the ordering process.
Payment details
Pricing and billing
The price of services and/or digital content will be the price set on our website at the time you place your order. Our prices include, in some territories, local taxes at the current rate.
Any delivery costs for services and/or digital content and other costs associated with services and/or digital content will be the amounts set for you in the ordering process on our website.
Price error control
We make all reasonable efforts to ensure that we do not make errors with the prices we charge you. For example, before accepting your order, we normally try to check the website price against our current price list at the time of your order.
If the price on the list is lower than the website: We will charge you the price on the price list (being the lower amount).
If the price on the list is higher than the website: We will contact you to confirm how you wish to proceed (and if you wish to cancel the contract, section 14.1 of these terms and conditions will apply).
When you must pay
When you need to pay us depends on whether what we provide you with are services or digital content:
Unique services
You must make a prepayment for crop monitoring before we begin to supply the services.
Ongoing services
We will bill you monthly, in advance for the services. Invoices must be paid within 5 days of the invoice date.
Unique digital content
You must pay for it before downloading or streaming it.
Digital content subscriptions
You must pay monthly, in advance. Invoices must be paid within 5 days of the invoice date.
Accepted payment methods
We accept payments by credit card, debit card, bank transfer or billing from local business partners.
Delivery of digital content and provision of services
Delivery information
Before placing your order, we will inform you when we will deliver the services and/or digital content to you.
Delivery delays
We will contact you if we are delayed in providing the services and/or digital content to you due to circumstances beyond our control.
If we contact you within a reasonable time to inform you about this, then we will not be responsible for any delay due to those circumstances.
However, if the delay continues beyond a reasonable period of time, you may contact us to cancel the contract, and we will provide you with a refund for any services and/or digital content you have paid for but have not yet received.
Suspension
Causes of suspension
If something happens, it means we must suspend the provision of services and/or digital content, for example:
- • Making small technical adjustments or resolving technical problems;
- • Updating services and/or digital content to implement a change in the law or any relevant regulatory requirement,
then we will contact you to inform you.
Suspension notification
We will usually inform you before any suspension unless it is an emergency, in which case we will let you know as soon as reasonably possible.
If we suspend the provision of services and/or digital content, your payment will be adjusted so that you do not pay for the relevant suspended item during the suspension period.
Prolonged suspensions
If we are going to suspend the supply of a service or digital content for more than 30 days, you may contact us to cancel the contract. We will provide you with a refund for the corresponding service or digital content for which you have made payment but have not yet received.
Your obligations
Required information
We will inform you in the description of the services and/or digital content on our website of the information we need from you in order to provide you with the services and/or digital content. We will contact you to request this information.
If you do not provide us with this required information within a reasonable time, or if the information you provide us is not accurate, we may cancel the contract (and the consequences set out in section 15.2 will apply), or we may charge you for the additional costs we incur as a result.
Consequences of not providing information
If you do not provide us with the required information within a reasonable time, we will not be responsible to you if this causes a delay in the provision of services and/or digital content - or if we do not provide you with any part of them.
If there is a failure in the services and/or digital content
Contact to report failures
We hope you are satisfied with the services and/or digital content we have provided to you; but if there is a failure with them, please contact us using the details set out in section 1.
Consumer rights
We must provide you with services and/or digital content that comply with your consumer rights.
Section 11.3 provides you with a summary of your consumer rights if there is a failure with the services or digital content we have provided to you.
If we have provided you with services
- • You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or to give you some money back if we cannot fix it.
- • If you have not agreed on a price in advance, what you are asked to pay must be reasonable.
- • If you have not agreed on a time in advance, the services must be carried out within a reasonable time.
If we have provided you with digital content
Digital content must be as described, fit for purpose and of satisfactory quality and:
- • If your digital content is defective, you have the right to a repair or replacement.
- • If the failure cannot be fixed, or if it has not been resolved within a reasonable time and without significant inconvenience, you can get some or all of your money back.
- • If you can demonstrate that the failure has damaged your device and that we have not used reasonable care and skill, you may be entitled to a repair or compensation.
Additional rights
Your rights as summarized above are in addition to the cancellation rights you may have during the cooling-off period, which are explained in section 13.
Our responsibility if you suffer losses or damages
Responsibility for breach
If we do not comply with any section of these terms and conditions, or do not use reasonable care and skill to provide you with the services and/or digital content, then we are responsible to you for the loss and damage you suffer and that we cause, provided that the loss or damage caused is foreseeable.
Loss or damage is foreseeable if it is obvious to a reasonable person that it will happen because we broke the contract, or if it is obvious that it could happen because of something you told us when we made the contract.
Defective digital content
If we provide you with digital content that is defective and damages your device, we will repair the device or pay you compensation.
Limitations of responsibility
We do not limit or exclude our responsibility to you when the law does not allow us to do so. This means that we do not limit or exclude our responsibility for:
- • Death or personal injury due to our negligence (or negligence of our employees or subcontractors)
- • Fraud
- • Violation of your legal rights in relation to services and/or digital content (a summary of which is set out in section 11.3)
- • Providing you with defective items under the Consumer Protection Act 1987
Following advice and instructions
If we provide you with any advice, including in any instructions or manual provided to you with the services and/or digital content, then you must follow these carefully. We will not be responsible to you for any damage caused due to your failure to follow such advice or instructions.
Private and domestic use
We only provide services and/or digital content for private and domestic use. We do not provide them for commercial or business use.
If you use the services and/or digital content for commercial or business use, we will have no responsibility to you for loss of profits, loss of business, loss of opportunity or loss of goodwill.
Cooling-off period and right to cancel the contract during it
Cancellation rights
Your cancellation rights during the cooling-off period are additional and are independent of your other rights to cancel the contract. Those other rights are set out in section 14 below.
When you purchase services and/or digital content from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 13.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 13.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to give us any reason for cancelling it.
Duration of the cooling-off period
The duration of the cooling-off period during which you can cancel the contract due to a change of mind depends on whether you have ordered services and/or digital content. It is also subject to certain exceptions which are set out in section 13.4 below. You can calculate the cooling-off period as follows:
For services:
You have up to 14 days after the day we contact you to accept your order to cancel the contract.
For digital content:
You have up to 14 days after the day we contact you to accept your order to cancel the contract, unless you begin to download the digital content before that time (in which case, we will ask you to acknowledge before downloading that you have lost your cancellation rights).
Excepciones a los derechos de cancelación
Si alguna de las siguientes circunstancias se aplica a los servicios y/o contenidos digitales que ha solicitado, los derechos de cancelación durante el período de enfriamiento no se aplican a usted y no tendrá derecho a cancelar el contrato con respecto a dichos servicios o contenido digital porque ha cambiado de opinión:
- • Ha comenzado a descargar el contenido digital que ha pedido
- • Si los servicios se han completado
- • Si nos pidió que lleváramos a cabo una solicitud de servicio
Cómo cancelar durante el período de enfriamiento
Si desea cancelar el contrato porque ha cambiado de opinión, debe informarnos antes del final del período de enfriamiento (calculado de acuerdo con la sección 13.3) de una de las siguientes maneras:
Opción 1: Contacto directo
Ponerse en contacto con nosotros sobre los detalles establecidos en la sección 1 e incluir su nombre, dirección de correo electrónico, dirección y detalles del pedido, proporcionando una declaración clara que desea cancelar.
Opción 2: Formulario de cancelación
Rellenando el formulario que está disponible en la sección de perfil de usuario pulsando el botón CANCELAR MI SUSCRIPCIÓN y enviándonoslo, utilizando los detalles establecidos en la sección 1.
Servicios iniciados durante el período de enfriamiento
Si cancela el contrato durante el período de enfriamiento después de que hayamos comenzado los servicios porque nos ha solicitado que iniciemos los servicios durante el período de cancelación (pero antes de que los hayamos completado), entonces tendrá que pagarnos por los servicios que le hemos prestado hasta el punto en que nos hace saber que desea cancelar el contrato porque ha cambiado de opinión. Los costos serán una proporción del precio total de los servicios.
Reembolso por cancelación
Si cancela el contrato durante el período de enfriamiento porque ha cambiado de opinión, le proporcionaremos un reembolso por los servicios y/o contenido digital. Le proporcionaremos un reembolso dentro de los 14 días siguientes a la recepción de que nos informe de que desea cancelar el contrato.
Your rights to cancel the contract
Immediate cancellation
In addition to your contract cancellation rights during the cooling-off period set out in section 13, if any of the following circumstances apply, you have the right to cancel this contract immediately:
a) a) Price or description error
We have informed you that there was an error with the price or description of the services and/or digital content when you placed the order, and now you do not wish to proceed based on the correct price or description.
b) b) Major changes in services
We have informed you that we need to make a major change to the services and/or digital content (see section 5.3) and that you do not wish to continue with the change.
c) c) Significant delays
There is a significant delay in the provision of services and/or digital content to you, due to circumstances beyond our control (see section 8.2).
d) d) Prolonged suspension
We have informed you that we need to suspend the provision of services and/or digital content to you, for any of the reasons set out in section 9.1, for more than 30 days.
e) e) Other legal rights
You have some other legal right to cancel the contract due to something we have done.
Refund for immediate cancellation
If you cancel the contract for any of the above reasons (section 14.1(a) to 14.1(e)), then we will provide you with a refund for any services and/or digital content you have paid for but we have not yet provided, or we can provide you with a refund for any services and/or digital content that has not been provided to you correctly.
In certain circumstances, you may also be entitled to additional compensation.
Failures in services and digital content
If there is a failure with the services and/or digital content we have provided to you, please see section 11 of these terms and conditions.
Cancellation for other reasons
If you are cancelling the contract for any other reason not set out in section 14.1 or in section 13 (where you cancel the contract during the cooling-off period), the contract will end at the end of the current month and you will continue to pay for any services and/or digital content provided during that period.
If you have made payment for any services and/or digital content to be supplied to you after that period, we will provide you with the corresponding refund.
Our rights to cancel the contract
Cancellation for breach
If you do not comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances in which we would consider that you have not complied with your obligations:
Late payment
You do not pay us on time and do not pay us within 5 days of us telling you that the payment is overdue (see section 7.4).
Information not provided
You do not provide us with the information we have requested from you within a reasonable time (see section 10.1).
Refund and compensation for cancellation
If we cancel the contract because you have not complied with your obligations (including the examples listed in section 15.1), we will provide you with a refund for any services and/or digital content you have paid for but have not yet received.
Reduction or compensation
However, we may make a reduction in the refund owed to you, or if no refund is owed because you have not yet made payment, then we may charge you 250 euros as compensation for any costs we incur due to having to cancel the contract.
If we stop providing services and/or digital content
If the services and/or digital content we provide to you are provided on a continuous or subscription basis (and are not a one-time purchase), we may decide at some point in the future to stop providing them.
Advance notification
If we decide to stop providing them, we will contact you at least 30 days before we stop providing them, to inform you.
Refund for services not provided
If you have made payment for services and/or digital content that we will no longer provide to you, we will give you the corresponding refund for what you will not receive.
General
Transfer of rights and obligations
Transfer by AgroCognitive
Transfer by the customer
Validity of clauses
Exercise of rights
If we delay in exercising any right we have under the contract, this will not prevent us from exercising that right against you at a later date.
Contract parties
Unless we transfer our rights and obligations to another organization, this contract is only between you and us. This means that no other person or organization is a party to this contract and has no rights under the contract.
Applicable law and jurisdiction
If there is ever any dispute between you and us, then it will be resolved using the law of the United States of America.
If you live in the United States
We both respectively agree that proceedings will be brought in any US court.
If you live in another country
You may bring actions in Florida courts.
Model cancellation form (Distance contracts)
Usage instructions
The wording of this form is specified by law. Therefore, you should only change the indicated parts.
Fields marked with [*] must be completed or deleted as appropriate to your specific situation.
CANCELLATION FORM
Recipient:
To SMARTBASE GROUP INTERNATIONAL, CORP.
6244 Blue Sage Loop, Orlando, FL 32829
I/We [*] hereby notify that I/We [*] cancel my/our [*] contract for the sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
[*] Delete as appropriate
How to use this form
Complete required fields: Fill in all fields marked with blank spaces.
Remove non-applicable options: Cross out or delete the options in brackets [*] that do not correspond to your situation.
Form submission: You can send this form by email to cancellations@agrocognitive.com or by postal mail to the indicated address.
Confirmation: You will receive confirmation of the cancellation within 14 days.