Terms - Seekom website builder

Terms & Conditions

CMSWebsite2Go is a division of Seekom Limited

1. General Responsibilities of Seekom

We may collect the following information: when you subscribe to our service or fill out a form:

1.1: Seekom shall provide and maintain access to The CMSWebsite2Go system a on a 24×7 basis. Seekom shall take all necessary steps to maintain a high level of reliability but shall not be liable for any direct or indirect or consequential costs faced by The Subscriber resulting from the loss of access to The System for whatever reason.
1.2: From time to time, Seekom will be required to remove online access to The System for upgrades and maintenance. Seekom shall where possible, time these events so as to cause minimal disruption to the Subscriber and shall always give advance notice of such a planned outage.
1.3: Seekom shall maintain security of The System and is responsible for preventing unauthorised access. This is on the understanding that The Subscriber shall not divulge account information including user name and password to any other party except where approved by Seekom.
1.4: Seekom may monitor or keep any records that Seekom deems necessary of The Subscriber’s use of The System.
1.5: Seekom shall not divulge any information pertaining to The Subscriber without the prior permission of The Subscriber.
1.6: Seekom shall maintain the system to be free from bugs and will undergo regular enhancements and maintenance to provide maximum benefit to registered users. Any costs related to enhancements or bug fixes shall be the responsibility of Seekom except for any enhancement specific to the Subscriber where that Subscriber has agreed to meet the expense of the enhancement.
1.7: Seekom shall not update any data relating specifically to The Subscriber in the database without first obtaining the permission of The Subscriber. Where generic data needs to be changed, Seekom shall notify any affected user prior to the data change being actioned.

2. General Responsibilities of the Subscriber

2.1: The Subscriber is responsible for the accuracy of any information entered regarding their operation.

3. Billing & Collections

3.1: Seekom will send The Subscriber invoices for chargeable services. Invoices are due and payable in full upon receipt. Invoices must be paid by the due date and any late payment may result in suspension of service until full payment is made.
3.2: Payment for subscription to The System and other agreed services is required to be made by direct debit to a credit card or a New Zealand bank account, unless otherwise agreed in writing.
3.3: In the event The Subscriber fails to pay charges billed by the Seekom, The Subscriber will be liable for all costs involved in recovering the debt, including but not limited to the charges applied by a Debt Recovery Service.
3.4: In the event The Subscriber fails to pay charges billed by the Seekom, The Subscriber will be liable for all costs involved in recovering the debt, including but not limited to the charges applied by a Debt Recovery Service.

4. Limitation of Liability

4.1: The Subscriber understands and agrees that temporary interruptions may occur as normal and reasonable events in the provision of the System. The Subscriber further understands and agrees that Seekom has no control over third party networks and upstream providers that The Subscriber may utilise or which The Subscriber may access in the use of the System.
4.2: Seekom does not make any warranty as to the results obtained from the use of the Service or warrant that the service will be uninterrupted or error free.
4.3: All terms, conditions, warranties, undertakings, inducements and representations, whether expressed or implied, statutory or otherwise, relating to the provision by us of the System are excluded, and Seekom will not be under any liability in respect of any loss or damage (including consequential loss or damage) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the System.
4.4: Where any applicable legislation implies any term, condition or warranty into this Agreement, or otherwise gives The Subscriber a particular remedy against Seekom, and that legislation or any other legislation renders void or prohibits provisions excluding or modifying in the application of, exercise of or liability under such implied term, condition, warranty or remedy will be deemed to be included in this agreement. However Seekom’s liability for any breach of such implied term, condition or warranty or under such remedy will be limited at Seekom’s option either by supply of The System again or the payment of having the cost of having The System supplied again.
4.5: Seekom is not liable for any faults or defects in the System which are caused to any material extent by The Subscriber’s conduct or misuse.

5. Force Majeure

5.1: Seekom is not liable for:
(a) any delay in installing the System
(b) any delay in correcting any fault in the System
(c) failure or incorrect operation of the System or
(d) any other default in performance under this Agreement

6. Indemnity

6.1: The Subscriber hereby indemnifies and shall keep indemnified the Subscriber in respect of any loss or damage action claim suit or proceeding against Seekom by any person in respect to the use of The Subscriber’s user account including but not limited to the transmission of any illegal and / or fraudulent material which The Subscriber transmits or causes to be transmitted using the Service.

7. Cancellation & Termination

7.1: The minimum term for subscription to The System is 1 month from the date of account activation. Termination of subscription to The System may be given thereafter by either party by notification in writing with a minimum 1 month notice period. The minimum period will be either 1 month, or for the current iBex invoice period - whichever is greater.
7.2: Subscription to the System may be terminated immediately if:
a) Any payment due from The Subscriber to Seekom pursuant to this agreement, including but not limited to lease charges, remains outstanding for 14 days past the due date;
b) The Subscriber provides false or inaccurate information which is required for the provision of The System or that which is necessary to allow Seekom to bill The Subscriber for The System, and such condition is not remedied within seven (7) days;
c) Either party fails to perform or observe any other material term or condition of this Agreement;
d) There is an appointment of any type of insolvency administrator in respect of the property or affairs of either party.

8. Use Limitations

8.1: The Subscriber agrees any attempt to break security or to access an account, which does not belong to The Subscriber, shall be considered a material breach of contract, and The Subscriber may terminate this Agreement without liability. Upon such termination by Seekom, The Subscriber shall be liable for any applicable charges, including cancellation charges.
8.2: Seekom reserves the right to suspend or terminate Service to The Subscriber in the event it is used in a manner which
(i) constitutes violation of any law, regulation or tariff (including without limitation, copyright and intellectual property laws);
(ii) is defamatory, fraudulent;
(iii) is intended to threaten, harass or intimidate;
(iv) interferes with other customers’ use and enjoyment of The System provided by Seekom.