In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The SEE Forge software
The information and functionality of SEE Forge as found in the software and on this website are not certified by any authority. It is your responsibility to use the correct and legal forms and/or templates for your particular industry. The form and templates on this web site and mobile software is provided on an “as is” and “use at your own risk” basis. It is your responsibility to ensure SEE Forge is right for your intended usage. We make no representation under any circumstance that by using SEE Forge your business is compliant or meet any regulatory requirements. You are responsible for any documents or information you store on the SEE Forge servers to ensure you have copies backed up elsewhere. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s statements or literature; and excludes all liability for damages arising out of or in connection with your use of this website and SEE Forge software. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Security Statement, Data Encryption and SSL Support
SEE Forge has implemented the following security measures to protect the loss, misuse and alteration of the information under our control. They are continuously reviewed and listed in the Appendices “IT Policies – Secure Coding standards”, which can be requested at any time. We use 128 bit SSL (Secure Sockets Layer) encryption, the highest level of encryption currently available, for the transmission of encrypted data over the Internet, with an international security certificate supplied on a per implementation basis. This is a widely-used web technology that encrypts and decrypts a message for online transmission. We also support SSL accelerators. When you access the site using industry standard Secure Socket Layer (SSL) technology, your information is protected using both server authentication and data encryption, ensuring that your data is safe, secure and available only to registered users of the system.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
All major Credit cards are all acceptable methods of payment. Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Reserve Bank of Australia’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $1,000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned cheques will incur a $100 charge to cover administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
If you pay by credit/debit card you agree not to file a card chargeback with regard to the purchase without first corresponding with us about the details of your dispute and allowing us reasonable time to investigate and respond to your dispute. In the event that you breach this agreement and file a chargeback, upon a resolution in our favor you agree to reimburse us for any costs incurred in researching and responding to such chargeback with a minimum research cost of $250.00 USD, including our actual costs paid to the card processor or our banks, other third parties, as well as the reasonable value of the time of our employees spent on the matter. In the event that a chargeback is placed on a transaction that will be considered notification of cancellation by you. We also reserve the right to report the incident for inclusion in the chargeback abuser databases.
Delivery and time frames
Access to the SEE Forge system for new accounts is delivered within 24 hours or sooner once all your payment details have been verified. The process is as follows:
1. Select a plan that is right for you
2. Make a payment using your credit card or speak to our sales team for other payment methods
3. Once your payment has been successfully verified you will receive an email with important account information. The account set up email is sent within 24 hours or sooner.
4. If your payment is unsuccessful you will receive an email that your payment could not be processed and you must talk to our sales team to continue.
Free users or free trial users:
1. During your free evaluation period you will have the option to purchase the plan that is right for you.
2. At the end of your trial you can purchase and your account will remain the same. If you do not purchase your account will be de-activated.
3. SEE Forge reserves the right to remove, change or delete any free user accounts or free trials at its own discretion with no notice given.
Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $100 charge to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy
SEE Forge complies with the Australian Consumer Law (ACL). Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Refunds for SEE Forge are only available within the first paid month after the evaluation period for monthly subscriptions.
To cancel your evaluation/subscription for SEE Forge mobile solutions, please follow the instructions below:
1. Contact our Sales Team.
2. Tell us you wish to cancel.
3. Your account will be cancelled.
Intrinsically safe products: Separate Terms and Conditions also applies and is found here.
The SEE Forge subscription will be terminated at the end of the current billing cycle and your credit card will not be charged again. No credit is offered for cancelling an account prior to the end of a billing cycle. To request a refund during the first month of paid service (following an evaluation) or within 30 days of payment for an annual subscription, please contact our Sales Team.
Unless otherwise stated, the services featured on this website are available globally, or in relation to postings from Australia. All advertising is intended solely for the global market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in Australia and other countries. The brand names and specific services of this Company featured on this web site are trademarked.
Any and all software and hardware customers of SEE Forge Inc. agrees to provide the use of their company name, logo and non-sensitive, non-personal user information to be used for public case study and marketing purposes. This could include but not limited to, logo, company name, writing, video and photos. The testimonials may be edited and used for public marketing, training and quality purposes. If the use of Client information is not permitted by the Client we must be notified in writing and agreed by writing before use of our system commences.
CommunicationWe have several different e-mail addresses for different queries. These and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Australia govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
In this Section and in the Appendix (Data Processing Agreement):
“Data Protection Laws means the EU Data Protection Laws and the laws of other states and territories that create and regulate substantially similar concepts and legal principles as are contained in the EU Data Protection Laws in relation to the processing of personal data and sensitive personal data.
EU Data Protection Laws means, up to and including 24 May 2018, any legislation in force from time-to-time which implements the EU Directive 95/46/EC and relevant national implementations of the same and, with effect on and from 25 May 2018, means the EU General Data Protection Regulation 2016/679 (“GDPR”) and any relevant national implementations of the same;
personal data, sensitive personal data, consent, controller, processor, data subject and processing mean those concepts, roles and activities as defined in the applicable EU Data Protection Laws and on and from 25 May 2018 sensitive personal data means those classes of personal data that are described in Article 9 of the European General Data Protection Regulation 2016/679) or, where relevant, equivalent concepts, roles and activities as described in other Data Protection Laws.
We are the controller in respect of personal data and sensitive personal data, such as account registration details, that we collect directly from users of the Services (End Users) and users of No-Charge Services, and which we use for the purposes of our business.
You are the controller and we are the processor in respect of any other personal data and sensitive personal data (including within Your Modifications) that is uploaded by End Users and/or users of No-Charge Services including data, templates, information, content, code, video, images or other material of any type (Materials), or which is provided by your administrators (see Section 10 below).
On and from 25 May 2018, to the extent that the Services and/or Non-Charge Services comprise the processing of personal data or sensitive personal data where we are the processor and you are the controller and the processing of personal data or sensitive personal data is subject to the GDPR:
you will comply with the requirements of the GDPR as the same apply to you as controller of the personal data or sensitive personal data, including the obligations set out in Section below; and
the provisions of the Appendix (Data Processing Agreement) to these Terms shall apply.”
In clause the following shall be inserted at the start of the third bullet point:
“subject to Section above and the Appendix to this Agreement,”
The following shall be inserted at the end of clause
There is a lawful basis for the collection and processing of personal data and/or sensitive personal data; and
The following shall be inserted as a new Appendix to the terms and conditions:
“Appendix (Data Processing Agreement)
The provisions of this Appendix (Data Processing Agreement) form part of the Agreement to the extent that Section 6 of the Agreement applies.
SEE Forge shall:
process personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organization, unless required to do so by European Union or the national law of an EU member state to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
implement appropriate organizational and technical measures as required pursuant to Article 32 (security of processing) of the EU General Data Protection Regulation 2016/679. The measures that we consider appropriate are more fully described in SEE Forge’s Architecture and Security document (a copy of which is available on request). This document outlines:
Our architecture and infrastructure through which Services and No-Charge Services are provided;
security controls employed by us and our service providers in protecting personal and/or sensitive personal data; and
security controls employed by our support channels which handle personal data or sensitive personal data.
respect the conditions for engaging another processor referred to in paragraphs 2 and 4 of Article 28 (processor) of the EU General Data Protection Regulation 2016/679;
taking into account the nature of the processing, assist the controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the controller’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the EU General Data Protection Regulation 2016/679;
assist the controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the EU General Data Protection Regulation 2016/679 taking into account the nature of the processing and the information available to the processor;
at the choice of the controller, delete or return all the personal data to the controller after the end of the provision of services relating to processing, and delete existing copies unless EU law or the national law of an EU member state to which the processor is subject requires storage of the personal data;
make available to the controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 (processor) of the EU General Data Protection Regulation 2016/679 and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller (in each case at the controller’s cost).”
We host our customer and audit data with Microsoft Azure, who are a top-tier, third-party data hosting provider. By default, every customer will have their data stored on the Azure servers located in the U.S. For more information about Azure’s approach to compliance with the GDPR, see https://www.microsoft.com/en-us/TrustCenter/Privacy/gdpr/default.aspx
If you are on an Enterprise client plan with +100 seats, you will have the additional option to have your data stored within the EU.
Regards,Team SEE Forge