Terms & Conditions of Use
The terms and conditions of this Agreement govern your use of smartBuiz SME's and the Website are binding and enforceable against all persons that access smartBuiz and the Website or any part thereof in terms of section ... of the NC Act.
If you do not agree to the terms and conditions of this Agreement, you must stop using smartBuiz SME's and the Website, as further use will automatically bind you to this Agreement. If at any time you do not accept this Agreement in full, you are not permitted to use smartBuiz SME's or the Website or any part thereof. If you access smartBuiz and / or the Website via a third party Business Partner or agent, then you will be bound to terms of such third party Business Partner and to this Agreement. On termination of any contract with such third party Business Partner, should you continue to use smartBuiz and / or the Website, then you will be bound to the whole of this Agreement, which is then applicable. We may at any time amend this Agreement without notice. You are responsible for reviewing this Agreement on each occasion that you revisit smartBuiz and the Website and, if you continue to use smartBuiz and the Website after changes are made, you are deemed to have accepted the amended Agreement.
This Agreement is concluded by:
smartBuiz, a division of Iterationplus Systems (Registration Number BN-2443774, TIN number 19895206-0001) whose registered office is at Port Harcourt, # 6 okabie Close, Rumorosi, Rumuigbo, Port Harcourt, Nigeria ("Iterationplus Systems", "we" or "us") and you, the person, business entity or sole trader, using smartbuiz or the Website and shall to the extent relevant, include any of your employees or Subscriber Business Partners using the Website or smartBuiz ("you").
Authority to Act:
If you are registering to access and use smartBuiz SME's for the first time in the capacity of an employee, owner or vendor of a separate corporate entity, partnership or similar business entity, you must have the authority of that business entity to:
Use smartBuiz and the Website for that entity's business; and Accept this Agreement on behalf of that entity.
If you are an accountant or Business Partner authorised by Iterationplus Systems to order subscriptions on behalf of your clients and customers, you agree to inform them of this Agreement.
Accordingly, you confirm and warrant to Sage Pastel that:
You are authorised to accept this Agreement on behalf of the business entity which you represent;
This Agreement governs the use by you & / or your business of smartBuiz & the Website; You, & the business entity which you represent together with its employees, will comply with all its terms.
You and Iterationplus Systems agree as follows:
Effective as of 31st May 2018
"Agreement" means these terms and conditions of use, as published and amended from time to time on the Website;
"Affiliate" means, in relation to a legal entity, any person which Controls that entity, is under that entity's Control or is Controlled by the same person who Controls that entity, where "Control" means possessing, directly or indirectly, the ability to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of voting securities, by contract or otherwise, and "Controlled" shall have a corresponding meaning;
"Access Fee" means the fees payable by you in accordance with the fee schedule set out on smartBuiz as the case may be (which Iterationplus Systems may change from time to time);
"Vendor or Reseller" means a business or individual, independent of Iterationplus Systems, which is an authorised provider of smartBuiz SME's;
"Company Data" means any financial data inputted by vendors or Subscriber Business Partners into smartBuiz;
"Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including on smartBuiz and the Website but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party or is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure or is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party or is independently developed or received without access to the Subscriber Vendor;
"Subscriber Vendor" means any individual permitted by you to use smartBuiz or the Website;
"Intellectual Property" means any content, domain names, patent, trademark, service mark, copyright, moral right, right in a design, know-how, software, database, text, graphics, icons and hyperlinks and any other intellectual or industrial property, anywhere in the world whether or not registered;
"Page" means a website page of smartBuiz or the Website, unless specified otherwise;
"smartBuiz SME's" means our solutions and business software accessed through the Website;
"User Details" means the contact, personal and similar information of the Subscriber Vendor; and
"Website" means the website pages relating to smartBuiz accessible at http://smartbuiz.com (and such other URLs as may be publicised from time to time), permitting the remote access and use of smartBuiz.
In this Agreement, references to a "person" includes an individual, sole trader, partnership, body corporate, an unincorporated association of persons and any other legal entity; technical expressions shall have the relevant meaning commonly attributed to them in the computer software business sector in Nigeria; the use of the word "including" and similar expressions will be construed as illustrative and not exhaustive; notwithstanding the fact that hyperlinks in this Agreement to copyright notices and legislation should be deemed part of this Agreement, the fact that some or all of the hyperlinks may be non-operational from time to time shall not play a role in determination of the validity and interpretation of this Agreement.
Subscription and use of smartBuiz
smartBuiz and the Website are only intended for business use. You warrant that you will only use smartBuiz and the Website for business purposes.
We may require you to register before we supply any services via this Website. When you register, you agree to provide, true, accurate, up-to-date and complete User Details as required by the relevant registration made available to you via this Website.
You can purchase a subscription to access and use smartBuiz by following the relevant process on the Website. Should you subscribe to use smartBuiz (whether prior to or after the expiry of any free trial period) you shall be bound for the full duration of the subscription period selected.
Subscription fees and rates
In consideration for the license to use smartBuiz granted hereunder, you will pay us the annual or monthly Access Fees (depending on your payment option) which shall, for the sake of clarity, be payable in respect of each month/year from the date of subscription and you shall be liable in respect thereof regardless of the extent to which you have used smartBuiz.
We have the right to revoke your license to use smartBuiz or withhold the renewal code for the license to smartBuiz should you fail to pay the agreed Access Fees within the time periods stipulated herein, in which event you will be unable to use smartBuiz.
In the event that you fail to pay any Access Fees and as a consequence thereof your license to use smartBuiz SME's is revoked in accordance with clause 1.2 above, and at a later stage you elect to reinstate your smartBuiz subscription, you shall be liable for the following:
payment of the Access Fees for the period between the date on which you stopped paying the applicable Access Fees until the date on which your subscription was reinstated; and
the monthly/annual Access Fee for the ensuing periods from the date of reinstatement.
We will not keep a separate record of the contract relating to your specific subscription for smartBuiz, so it will not be available from us. We therefore strongly recommend you print a copy of this Agreement, both before and after you submit your payment details. Iterationplus Systems will supply you with a tax invoice, either directly or through appointed Vendor, transmitted via email. The transmitted electronic document will constitute the original tax invoice. No other tax invoice, credit or debit note will be issued in respect of the specific supply, unless as a copy of the original document.
Iterationplus Systems grants you a non-exclusive and non-assignable licence to access and use smartBuiz strictly via the Website with the user roles according to your subscription type and in accordance with this Agreement.
For so long as you pay the Access Fee and any other applicable charges, you may permit the agreed number of Subscriber Partners or agents to access and use the relevant subscription for smartBuiz. You agree to ensure that those Subscriber Partners, agents comply with this Agreement. Those Subscriber Partners, agents must only use the relevant subscription for smartBuiz as follows for their own (or their employer's) services and transactions and related purposes:
as permitted by and subject to the terms and conditions of this Agreement;
in the course of their (or their employer's) own business; and
with their own (or their employer's) Company Data only.
From time to time, you may change the identity of the individuals who are Subscriber Partners, agents. We reserve the right to limit the number of times, or the frequency with which you can do this. We may consult with you before exercising this right.
If a Subscriber Partner, agents is not the employee of a subscriber to smartBuiz, the subscriber must ensure that such Subscriber Partner, agent:
- a. complies with this Agreement; and
- b. uses the relevant Company Data in smartBuiz in accordance with that subscriber's instructions.
Notwithstanding anything to the contrary in this Agreement, where the Partner, agent is utilising smartBuiz to provide services, consulting or other similar services on behalf of a business entity, then in such circumstances, where the Company Data relates to that of a business entity other than that of the Partner, agent, Iterationplus Systems reserves the right, in its sole and absolute discretion, to transfer such Company Data to an alternate subscription, and the Partner or agent shall have no recourse against Iterationplus systems in this regard.
You agree to:
ensure that your User Details and other information given in relation to your use of smartBuiz and the Website are, and are maintained to be, true and accurate;
use smartBuiz and the Website for your own lawful internal business purposes, in accordance with this Agreement and any notice sent by Iterationplus Systems or condition posted on the Website;
comply with your contractual obligations to the Partner, agent through which you have been granted access to the Website and / or smartBuiz, if applicable;
ensure that all account credentials required to access the smartBuiz and the Website are kept secure and confidential and to immediately notify Iterationplus Systems of any unauthorised use of your account credentials or any other breach of security. In such instances it shall be your obligation to immediately reset your password and to maintain security. In any event, it is deemed good practice to regularly reset your password to maintain data security;
notify us, if, at any time you become aware of any unauthorised use of the account credentials of your Subscriber Partners, agent, or any other security-related matter with smartBuiz and the Website, and to co-operate with us to the extent reasonably necessary to rectify the security breach;
ensure that the Subscriber Partners, agent who access smartBuiz on your account comply with the terms of this Agreement;
only store the maximum amount of data, if any, as may be prescribed from time to time on smartBuiz or on the Website. If at any time you exceed the amount of any specified limit, for so long as you do so, Iterationplus Systems may charge you at its then-standard rates for additional storage.
Except as expressly permitted by another clause of this Agreement or by separate written arrangement with us, you agree not to and agree to ensure that no Subscriber Partners, Agent:
permit any other person, directly or indirectly, to access, use or otherwise exploit the right and ability to use smartBuiz in any way, including by permitting smartBuiz to be either
re-sold, distributed, sublicensed, loaned, transferred or provided to others in a similar way; or
used as a hosted, bureau, outsourcing, or similar service;
When accessing and using smartBuiz or the Website, you must:
not attempt to undermine the security or integrity of Iterationplus Systems's computing systems or networks or, where smartBuiz or the Website is hosted by a third party, that third party's computing systems and networks;
not use, or misuse smartBuiz or the Website in any way which may impair the functionality of smartBuiz or Website, or impair the ability of any other user to use smartBuiz or Website;
not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which smartBuiz or Website is hosted;
not transmit, or input into smartBuiz, any files that may damage any other person's computing devices or software, content that may be offensive, or material or User Details or Company Data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
not modify, translate, or create derivative works based on smartBuiz or the Website, nor reproduce, reverse assemble, decompile or reverse engineer smartBuiz or the Website, whether in whole or in part, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, programming of smartBuiz or the Website or any files contained in or generated by smartBuiz or the Website, nor shall you permit any third party to do so; and
not merge or combine the whole or any part of smartBuiz or the Website with any other software or documentation without the prior written consent of Iterationplus Systems.
Iterationplus Systems's obligations shall be to provide you with access to smartBuiz (which access may not necessarily be uninterrupted), including technical support by email as described on the Website.
Payments & Charges
Payment shall be made in accordance with the payment section on the Website.
If you pay your Access Fee or any other subscription charges to an entity separate from Iterationplus Systems (e.g. if you obtained access via an vendor or agent), you agree to nonetheless remain to be bound by the terms of this Agreement.
Confidentiality, Privacy of Company Data & User Information & Interception of Communications
We undertake to take all reasonable steps to protect the personal information of Business and to comply with all applicable legislation.
In respect of access to Company Data and User Details:
The Company Data entered, or imported on instruction, by you, remains your property and we will not use nor make available for use any of this information without your permission.
We do not have access to your password and are therefore unable to access your account or Company Data, except where we have received your consent in this regard.
We will never access the details of any Company Data entered and stored by you. We will never access system usage history for a specific identifiable user, except where granted permission by that person to assist with resolution of a system issue or error.
We electronically collect, store and use, and you supply to us, Company Data and User Details as we request from you via the Website and smartBuiz, and such other information as we may from time to time reasonably request. You warrant that this information is true and accurate.
You agree to our use, storage and disclosure of information, Company Data and User Details for the following purposes:
We will use your User Details, for exercising our rights and for performing our legal obligations under this Agreement. We may use it to contact you, via your relevant or nominated personnel or our Business Vendors, about our other relevant products and services, to conduct research about our customers and to track and record the manner in which you and your Subscriber Partners or agents use smartBuiz and the Website. Contact may be made via our third party Contractors, Vendors or Affiliates. You acknowledge that there is certain information that we must use in order to be able to provide smartBuiz, including names and email addresses of your Subscriber Partners or agents. If for any reason we are not permitted to use such information, we may not be able to perform our obligations in this Agreement. You acknowledge that in such circumstances you will still be obliged to pay our charges, in accordance with clause 4.
We will only use your Company Data stored via smartBuiz or the Website to the extent necessary for us to provide smartBuiz for performing our rights and obligations in this Agreement and for performing our legal obligations and in accordance with this clause 5. We acknowledge that your Company Data is your proprietary and confidential data and that under no circumstances may we exploit that data for our own purposes not specifically relating to providing you smartBuiz, save where you have consented to the contrary.
The information, which you submit and store via smartBuiz, may be stored on Iterationplus Systems's computer servers which servers may be controlled, hosted and managed by our Affiliate or third party Contractors who shall be bound to these confidentiality and privacy provisions.
We will disclose your User Details and other relevant information (including User Details of your Subscriber Partners or Agent, if necessary) to our Affiliates and third party Contractors who assist us (and our Affiliates) to provide smartBuiz and the Website, who shall be bound to these confidentiality and privacy provisions.
You agree to bring this Agreement to the attention of your Subscriber Business Partners or Agents, to help ensure that they understand and consent to our use of their information, including User Details. This is so that we may provide smartBuiz to them on your behalf.
We may access and use non-identifying and aggregated usage information and transaction volumes in order to better understand how our customers are using smartBuiz so we can improve the system design and where appropriate have the system prompt users with suggestions on ways to improve their own use of the system.
All other information not dealt with in this clause shall constitute Confidential Information and shall not be disclosed to any other party without the prior written consent of the owner of such information first being obtained.
Iterationplus Systems owns and retains all rights to non-personal statistical information collected and compiled by Iterationplus Systems.
Intellectual Property Rights
All right, title, ownership, benefit and interest in and to, and all Intellectual Property in smartBuiz Solutions and the Website, the design and content of smartBuiz and the Website and any documentation relating thereto remain the property of Iterationplus Systems. All rights to Intellectual Property in respect of smartBuiz and the Website are reserved. The exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction of the Intellectual Property by any means and in any form, in whole or in part, and to make the Intellectual Property available to the public, and to distribute any copyright protected material in smartBuiz and the Website shall remain with Iterationplus Systems.
You may not use the Intellectual Property and any third-party trademarks that appear on smartBuiz or the Website, other than as permitted by express written licence from Iterationplus Systems or by law. In particular, you may not use the marks as meta-tags nor may you sponsor them in search engines. All goodwill in your legitimate use of the marks shall accrue to smartBuiz. You are required to notify us immediately if you become aware of any infringement of the Intellectual Property and rights thereto.
smartBuiz and the Website may incorporate technical and other protective measures designed to prevent unauthorised and / or illegal use of smartBuiz. You agree to the incorporation of any such measures in smartBuiz.
If, in our reasonable opinion, smartBuiz or the Website are likely to become or do become the subject of a claim of infringement of a third party's intellectual property rights, we may elect to either:
obtain the right for you to continue using smartBuiz or the Website as permitted under this Agreement; or
modify or replace the infringing part of smartBuiz or the Website so as to avoid the infringement or alleged infringement, without materially reducing the functionality or performance of smartBuiz or the Website
In the circumstances per clause 6.4 above you must:
promptly notify us of any claim or threatened claim concerning the use of smartBuiz or the Website;
not independently defend or respond to such claim or threatened claim; and
co-operate with us in the defence of any such claim or threatened claim, subject to our payment of your third party costs incurred in providing such cooperation.
Clauses 6.4 and 6.5 state your exclusive remedy in connection with any claim or threatened claim in relation to the Intellectual Property rights of a third party.
Iterationplus Systems", "smartBuiz" and "scholaces" are registered trademarks and you agree not to use any such trademarks as an element of a domain name or sub-domain name, notwithstanding the fact that such domain name use and registration may be permitted in terms of any law. Upon request, you shall immediately cease to use such domain name and transfer it to Iterationplus sytems at your cost.
Disclaimers and Liabilities
We will use reasonable endeavours to ensure that smartBuiz will give the functionality and levels of service as described on the Website, when used in accordance with it and this Agreement. If you believe our provision of the smartBuiz or the Website does not conform to this undertaking, you should notify us by email at firstname.lastname@example.org
We do not warrant:
that smartBuiz or the Website will be continuously available, or that your use thereof will be uninterrupted or error or bug free, or that the Website, smartBuiz and server will be free from attack;
that all the information we provide on smartBuiz and the Website is correct and complete, but we nevertheless undertake to use our reasonable endeavours to ensure that all the information we provide on smartBuiz and the Website is correct and complete at the time of the last update to the relevant page;
that smartBuiz or the Website will meet your requirements and, for this purpose, it is specifically recorded that smartBuiz is provided "as is" and it is your responsibility to satisfy yourself that it meets your requirements and is compatible with your hardware and software prior to making use thereof;
that smartBuiz or the Website results of use will be correct, accurate or reliable;
that any defects in the smartBuiz or the Website can or will be corrected.
Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, Iterationplus Systems (including its directors, employees, affiliates, third-party Contractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and you agree to indemnify us and keep us indemnified against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of income, loss of profits, loss of data, anticipated savings, loss of business, loss or depletion of goodwill, interruption of business and loss similar to all the preceding types of loss), damages, claims, demands, proceedings and judgments which we incur or suffer in any way arising from the following:
access to the smartBuiz or the Website;
access to websites linked (including hyperlinked) to the Website;
inability to access the Website;
inability to access websites linked to the Website;
services or software available from the Website (including smartBuiz);
content available on the Website;
downloads and use of content on the Website;
any failure to perform our obligations in this Agreement due to causes beyond our reasonable control including any interruption to or failure of any website, your computer, associated supporting system not provided by us and used by you, telecommunications services, third-party and / or electricity supply service not provided by us, including the Internet;
your breach of any of the terms of this Agreement;
use of smartBuiz or the Website other than in accordance with this Agreement; or
any other reason not directly related to Iterationplus Systems's gross negligence.
To the maximum extent permitted by law all undertakings and warranties given by us under this Agreement are exclusive and all other terms, warranties, representations, undertakings and conditions, express or implied, statutory or otherwise are excluded.
To the extent we are liable, our total liability (and that of any Affiliate, Business Partner or third-party Contractor) shall not exceed the amount of charges actually paid by you to use SsmartBuiz or the Website in the year prior to the date the circumstances causing such liability first arose. The limitation of liability in this clause 7 has been calculated to be proportionate to the charges paid by you to use smartBuiz and takes into account the fact that it is not within our control how and for what purposes you use smartBuiz.
We may terminate this Agreement at any time by written notice, effective immediately, if you:
materially breach any term of this Agreement and either that breach is incapable of remedy or you have not remedied that breach within 14 (seven) days after receiving written notice requiring you to remedy it;
fail to pay when due any charges payable to us or stop paying for use of smartBuiz; or
are liquidated provisionally or finally, placed under judicial management, commit an act of insolvency or enter into, or attempt to enter into compromise with your creditors.
Subject to clause 8.3, upon termination of this Agreement however caused, we will stop your ability to access smartBuiz, so that you will no longer be able to access and use smartBuiz. You acknowledge that you may no longer be able to access your Company Data via smartBuiz from this time.
If this Agreement is terminated and you notify us at the time of notice of termination that you require further access to your Company Data, we may provide you with access to smartBuiz for a period of 7 (five) calendar days in order that you may print out your Company Data, subject to the following:
- i. it is possible that we may have deleted your Company Data, and not be able to provide it to you; and
- ii. we may charge you for providing you with access to your Company Data; and
- if your account remains in arrears for 90 (ninety) days, we may delete your Company Data.
If we terminate this Agreement in accordance with clause 8.1 we may irretrievably delete your Company Data from the effective date of termination.
Any termination of this Agreement will not affect any accrued rights or liabilities of either party, nor shall it affect the coming into force, or the continuance in force, of any provision of this Agreement which is expressly or by implication intended to come into force or continue in force on or after termination.
Notices and Address
If you subscribe to smartBuiz (including any applicable free trial period of 14 days), the following terms and conditions shall apply to you.
Your communication with us must be by email to our email address contained on the Website
Our communication with you shall be via those details provided on registration
All legal notices given under this Agreement shall be in writing to the physical address of such party delivered by hand. Legal notices under this Agreement addressed specifically to either of us will be effective on actual receipt by the intended recipient
As a condition of this Agreement, if you use any communication tools available through smartBuiz or the Website, you agree only to use such communication tools for lawful and legitimate purposes in accordance with the acceptable use provisions of this Agreement.
Acceptable use of smartBuiz and the website
It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of smartBuiz and the Website. In general, we will not tolerate any use of smartBuiz and the Website which damages or is likely to damage our reputation, the availability or integrity of smartBuiz and the Website or which causes us or threatens to cause us to incur any legal, tax or regulatory liability.
We therefore require you to treat smartBuiz and the website with respect, and not to use same for any illegal purpose, or in such a way as to infringe or breach other's rights or to cause or threaten to cause us damage. We require you to comply with any relevant notices, policies and terms imposed by third parties whose website, products or services you access through the Website.
You must not use the Website or any communication tool for posting or disseminating any material unrelated to the use of smartBuiz or the Website including: offers of goods or services for sale, files that may damage any other person's computing devices or software, content that may be offensive to any of our other users, or material in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use).
When you make any communication on the Website, you represent that you own the content of the communication.
smartBuiz is a business application for SME's. Intended fair usage limits per company are as follows:
- 5 000 Customers
- 5 000 Suppliers
- 10 000 Items
- 1 500 Customer Invoices per month
- 1 500 Supplier Invoices per month
- 1 000 Bank Transactions per month
Users will experience performance issues, in particular with reporting, with companies that exceed reasonable usage as stipulated above. We reserve the right to suspend the use of smartBuiz or block your access to any part thereof and / or to suspend or terminate your rights to use if the above limits are exceeded.
We reserve the right to remove any communication posted on the Website, suspend the use of smartBuiz and the Website and generally or block your access to any part thereof and / or to suspend or terminate your rights to use same or any part of it if we suspect misuse at any time in our sole discretion. We shall then report any misuse of smartBuiz and the Website to the relevant enforcement or other authorities and to our advisers. We further reserve the right to disclose any evidence we have which relates directly or indirectly to misuse.
Links to the Website are permitted, subject to first obtaining our prior written consent although we reserve the right to withdraw such consent at any time.
You are not entitled (nor shall you assist others) to set up links from your own website to the Website by deep-linking, framing or otherwise, without our prior written consent, which consent may be withheld at our absolute discretion, and without the need to provide a reason.
The Website may include hyperlinks to third party sites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information, you provide to the third party. The products, services and websites of third party providers made available via this website may be owned and operated by independent suppliers. While we may co-brand these products or services with our own, we do not endorse those products or services or warrant the products, services or accuracy or reliability of any information provided to you by such third parties.
You agree that you are bound to the terms and conditions of this Agreement, which is concluded in Port harcourt, Nigeria at the time you enter the Website for the first time or after you have accepted this Agreement as required on the Website.
This Agreement constitutes the entire agreement between you and Iteratiopnplus Systems and supersedes all other documentation, information and other communication.
Any failure by Iterationplus Systems to exercise or enforce any right or provision of this Agreement shall in no way constitute a waiver of such right or provision
In the event that any term or condition detailed herein is found to be unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions of this Agreement. The remaining terms and conditions shall remain enforceable and applicable.
The Website is hosted, controlled and operated from Nigeria and therefore the Nigerian law enforced by the Nigerian courts governs the use of the Website, its content, services, software and this Agreement.
We do not recommend or endorse any other entity, including any third parties who make smartBuiz available to you - if you wish to engage with such an organisation, you should investigate its experience, skills and qualifications. No third party is appointed or authorised by us as our servant or agent, nor has any authority, either express or implied, to amend this Agreement, or to enter into any contract, provide any representation, warranty or guarantee with or to you on our behalf, or otherwise make commitments for us in any way whatsoever. You agree that we will not be responsible for any act or omission of any third party including any services provided by it in relation to the smartBuiz, including any administration of it.
Access to the services, content, software and content downloads available from the Website is classified as "electronic transactions":
Full name and legal status of website owner: Iterationplus Systems.
Street Address: Iterationplus Systems, #6 Okabie Close, Rumorosi Rumuigbo, Port Harcourt, Nigeria.
Physical address for the receipt of legal notices: Iterationplus Systems, #6 Okabie Close, Rumorosi Rumuigbo, Port Harcourt, Nigeria
Official email address of the Website: email@example.com
The costs associated with the access and use of smartBuiz is available from the Website.
Alternative Dispute Resolution: Subject to urgent and / or interim relief, all disputes regarding:
access to the Website;
the inability to access the Website;
the services and content available from the Website; or
Shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of Nigeira and such arbitration proceedings shall be conducted in Port Harcourt in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
Users may lodge complaints in respect of the Website via email to firstname.lastname@example.org