1) DEFINITIONS In this agreement:
a) “Techion” means the Techion Holdings Limited group of companies which includes Techion Group Limited, Techion UK Limited, Techion Australia Pty Limited and Menixis Limited and its successors, assignees, agents, and any associated companies.
b) “Customer” means the person(s) or commercial entity who Techion is providing the Service to.
c) “Customer Service Agreement” or “Agreement” means these Terms and Conditions and any Schedule or Submission Form that refers to these Terms and Conditions.
d) “FEC” means Faecal Egg Count(s).
e) “FECRT” means faecal egg count reduction test.
f)“Service” means the FECPAKG2 FEC, FECPAKG2 Fluke, Test Pack Service, Pathway-Worming Treatment Check, PhenR or DrenchSmart (FECRT) diagnostic and reporting services provided by Techion as described in the Schedule or Submission form.
g) “Schedule” means the schedule that details the Service and refers to these terms and conditions and forms part of this Agreement.
h) “Software” means the software used as part of the Service.
i) “Submission Form” means the submission form that details the Service and refers to these terms and conditions and forms part of this Agreement.
j) “Personal Data” means any information relating to an identified or identifiable natural person being someone who can be identified, directly or indirectly, in particular reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
k) “Pseudonymisation” means a procedure in which the most revealing fields within a data record are replaced by one or more artificial identifiers, or pseudonyms. The pseudonym allows for the data to be traced back to its origins.
2) FEES AND CHARGES Customer will pay Techion or Techion’s agent (if listed on the tax invoice) the following:
a) The costs for the Service as detailed in this Agreement on the due date for payment as set out in Techion’s tax invoice, plus any additional taxes payable.
b) Costs incurred for the collection of any overdue debts – payable immediately.
AVAILABILITY OF SERVICE
a) Techion aims to provide a high-quality service which is available at all times. However, because Techion relies on communication services, other networks and equipment that Techion does not own or control, Techion cannot guarantee that Techion Services will always be available or fault free, and Techion shall not be responsible for any costs associated should for any reason, Techion Service be unable to be provided to Customer at any one time.
a) Techion may terminate or temporarily suspend this Customer’s Service without written notice, if Customer fails to pay any amount Customer owes Techion under this Agreement on the due date as specified on the invoice.
b) Customer may terminate the Service at any time but will be liable for any outstanding fees owing for Services.
c) On termination of this agreement Customer must immediately pay Techion all amounts owing,
d) User’s obligations under this Agreement will survive termination for Techion’s benefit.
5) USE OF NON-PERSONAL DATA
a) Techion reserves the right to use information collected via the FECPAKG2 system in any form including Pseudonymisation, but Techion shall not release Customer’s Personal Data in relation to such information without Customer’s prior written consent.
c) For the avoidance of doubt, Techion will have the right to own a copy of any digital image and any associated data captured on the FECPAKG2 system and use for any purpose.
a) Customer agrees to tick the consent on the Schedule or Submission Form for Techion to process Customer’s Personal Data
c) Customer may terminate Customer’s consent for Techion processing of Customer’s Personal Data at any time, however this will also mean Techion cannot provide the Service.
a) The terms and conditions of this Agreement will be governed by the Laws of the United Kingdom, New Zealand or Australia depending on where the Service is being conducted.
b) Customer will be liable to pay all Techion’s costs and expenses (including legal costs) associated with Customer’s breach and/or Techion’s enforcement of these terms and conditions.
c) No amendment, variation or modification to this Agreement will be effective unless in writing and signed by an authorised representative of both parties.
d) If any part of this Agreement is held to be invalid, unenforceable or illegal for any reason, the Agreement will be deemed amended by the addition or deletion of wording necessary to remove the invalid, unenforceable or illegal part, but otherwise to retain the provisions of this Agreement enforceability to maximum extent.
e) Goods & Services Tax (“VAT” or “GST): All amounts due under this Agreement are exclusive of any VAT or GST as applicable.