1.1 “Customer” means the legal entity subscribing for FrostSmart® Monitoring
1.2 “Services” means FrostSmart® Monitoring Services
1.3 “Supplier” means FrostSmart Limited

2.1 The Supplier shall provide the Services for the nominated Frost Fan/s and any Add-on sensor/s.

2.2 The Supplier reserves the right to update, modify or discontinue the Services (or any part or content thereof) without any notice at any time. The Supplier shall not be liable to the Customer or any third-party for any modification, suspension or discontinuance of the Services.

2.3 The Services will commence once all equipment is installed, calibrated and tested.

2.4 The Customer’s web page access via https://my.frostsmart.com/login will be made available once all required information has been obtained from the Customer, which may be after the Services have commenced.

2.5 The Customer may at any time, in agreement with the Supplier, add to the Services provided under this agreement (eg if additional Frost Fans are installed).

The Customer agrees to:

3.1 Ensure that the battery and solar panel for each Frost Fan are maintained in good working condition.

3.2 Not cause false readings through misuse by any person operating associated equipment, machinery or systems.

3.3 Inform the Supplier of any change of address, contact names, phone numbers, and email addresses in writing (including by email) as soon as they occur.

3.4 Make all payments due to the Supplier when they are due.

3.5 Not tamper with and take good care of all monitoring equipment installed, and advise the Supplier as soon as aware of any items being damaged, not working properly or stolen.

3.6 Ensure that any monitoring hardware and local radio systems installed are not damaged by personnel or farm machinery, and that each Frost Fan canopy temperature probe remains correctly located within 50 metres of its associated Frost Fan.

3.7 Provide reasonable and suitable access for the Supplier of any monitoring hardware to enable prompt repair or replacement of any equipment.

3.8 Pay for any maintenance or repair services not covered by or outside the warranty period.

3.9 Indemnify the Supplier against any cost, damage, loss or expense suffered as a result of any failure to perform their obligations under this agreement.

4.1 The standard annual subscription period runs from 1st January to 31st December for customers in the Northern Hemisphere and from 1st July to 30th June for customers in the Southern Hemisphere. The Customer’s initial subscription fee will be prorated to cover the period up until the start of the standard annual subscription period.
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4.2 Prior to any renewal, the Supplier will contact the Customer by email to the email address associated with your account.This will provide the opportunity to cancel your subscription to the Services.  

4.3 If the Supplier does not receive notice of cancellation prior to renewal, this agreement will be deemed to be renewed for the next annual subscription period of twelve (12) months.

5.1 The price (excluding any sales tax if applicable) for the Services will be notified during the subscription process. Any change in price will be notified prior to any renewal.

5.2 Payments not received when due will result in the suspension of Services and may result in the Customer’s liability for any costs incurred in enforcing these terms.

Last updated: 2 June 2026

‍FrostSmart provides subscription-based monitoring and software services for connected frost protection systems and related equipment.

6.1 Subscription Charges

FrostSmart subscriptions are billed in advance according to the selected plan and billing cycle. Charges may include:
a. Annual subscription fees
b. Monthly prorated charges for additions or changes
c. Optional add-ons and additional services
d. Taxes where applicable

6.2 Refund Eligibility

Refund requests may be considered under the following circumstances:
a. Duplicate charges
B. Billing errors
c. Accidental purchases
d. Technical issues that prevent access to the subscribed service and cannot be reasonably resolved

Requests should be submitted within 14 days of the applicable charge date.

Annual subscriptions may be eligible for a refund within 14 days of purchase, provided that:
a. the subscription has not been substantially used
b. no significant customer-specific configuration or onboarding work has been completed
c. no substantial benefit from the service has already been received

Where applicable, FrostSmart® may issue either:
a. a full refund or
b. a partial refund at FrostSmart's discretion.

Monthly prorated charges and charges related to:
a. additional connected fans or equipment
b. plan upgrades
c. add-ons
d. additional services
are generally non-refundable once applied and activated, except in cases of billing error or technical failure.

Customers may cancel future renewals at any time through the FrostSmart portal or by contacting FrostSmart support.

Cancellation prevents future charges but does not automatically create a refund for charges already processed.

Payments may be processed by FrostSmart's payment provider, Paddle, acting as Merchant of Record. Refunds approved by FrostSmart may be processed through Paddle and returned to the original payment method where possible.

Refund requests and billing questions may be submitted to:

‍Email: support@frostsmart.com
Support:https://support.frostsmart.com

Your submission of personal information through the use of the Services is governed by our Privacy Policy.

Data relating to the monitoring of the Customer’s frost fan/s (machine supplied by FrostBoss®) and any add-on sensors:

1. is jointly owned by the Customer and the Supplier and can also be accessed by FrostBoss Limited and their employees, agents and distributors;

2. will only ever be shared with any other third party in an aggregated format so that Customers, frost fans, add-on sensors and/or sites cannot be individually identified.

13.1 Whilst the Supplier uses its best endeavours in delivering the Services, it does not guarantee, represent or warrant that the Customer’s use of the Services will be uninterrupted, timely, secure or error-free. The Supplier does not warrant that the results that maybe obtained from the use of the Services will be accurate or reliable.

13.2 Frost Fan monitoring hardware is supplied with all new FrostBoss® frost fans, which feature Auto Start/Stop, and wireless temperature probes. As such, frost fan monitoring hardware is covered under the FrostBoss® frost fan warranty by FrostBoss Limited, and a copy is available from them upon request. Any warranty that may exist for add-on sensors is the responsibility of the hardware manufacturer.

13.3 The Supplier does not warrant the service quality, continuity, coverage or performance of any cellular or other telecommunications network service that provides third party services to the Supplier. Furthermore, the Supplier does not warrant the service quality, continuity, coverage or performance of the Customer’s internet service provider. Performance of such services may affect the Services provided by the Supplier, but this is not covered under any warranty offered by the Supplier.
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13.4 The Supplier does not provide any warranty as to the operational life of the telecommunication equipment supplied as part of the monitoring hardware in terms of on-going network connectivity, and/or network obsolescence.
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13.5 Because the Services are required for business purposes the Customer agrees the Consumer Guarantees Act 1993 (or any analogous consumer protection legislation in any relevant jurisdiction) does not apply.

14.1 The Supplier shall not under any circumstances be liable for special or consequential damages such as, but not limited to, damage to property, personal injury or loss of life, loss of other property or equipment, loss of profits or revenue, cost of capital, cost of purchase or replacement goods or claims of Customers, purchaser or third parties for service failure, interruptions or data loss resulting from the purchase, installation, operation or performance of equipment or Services provided by the Supplier.
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14.2 Force Majeure: The Supplier will not be responsible for any delay of failure to perform its obligations if such failure or delay is due to Force Majeure, and the Supplier’s obligations will be suspended for the period of any such delay.

Force Majeure includes but is not limited to an act, omission or circumstance such as pandemic, national emergency, war or prohibitive Government regulation, failure of telecommunications carrier, power failure, storm, tempest, cyclone or Act of God, or disaster or natural event over which the Supplier could not reasonably have exercised control and which affects the Supplier’s ability to provide the Services.

15.1 The Customer will not assign their rights or transfer their obligations under this agreement without the Supplier’s prior written consent. The Supplier may transfer or assign all or part of their obligations, or subcontract the performance of all or any part of this agreement without the Customer’s consent.

15.2 The Supplier may modify these Terms (and any policies or agreements referenced in these Terms) at any time. The Supplier will provide the Customer with reasonable advance notice of any change to the Terms that, in the Supplier’s sole determination, materially adversely affect the Customer’s rights or the use of the Services. The Supplier may provide this notice via the Services web app or by email to the email address associated with your account.

In the event that any provision of this agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

17.1 This agreement is governed by and construed according to New Zealand Law and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New Zealand for any disputes or proceedings arising out of or in connection with this agreement.

17.2 The parties unconditionally and irrevocably waive their rights to object that New Zealand courts are not the most suitable forum for all parties' interests and the ends of justice in proceedings related to this agreement.

Without limiting the generality of any other clause in this agreement, the Supplier may terminate this agreement immediately by notice in writing if:

18.1 Any payment due remains unpaid

18.2 Any breaches of this agreement are not remedied within thirty (30) days of written notice

18.3 The Customer permanently vacates the property. Either party may terminate this agreement immediately on notice in writing to the other if:

18.4 The other party becomes or threatens to become insolvent, or being a partnership dissolves or being a natural person dies.

If notice of termination is given, in addition the Supplier may:

18.5 Retain any monies paid and charge for any service fees that would have been payable to the end of the term of this agreement

18.6 Charge for any removal or repair services required

18.7 Be regarded as discharged from any further obligation under this agreement.

Where this agreement is translated into any language other than English, such translation is for illustrative purposes only and in the event of any inconsistency the English version applies and is binding upon the parties to the exclusion of any translated version.

The Supplier will send notices to the Customer at any of the last postal or email address associated with this account, which you have provided. Notices to the Supplier must be in writing to the addresses shown on the first page of this agreement.