Terms and conditions of service | SchoolsFocus...The Digital Revolution in School Management - One-stop School Management Solution School Management Software that's Efficient and Affordable - SchoolsFocus Terms and Conditions

Terms of Service


By using the schoolsfocus.net website or its school management software or any of its associated services ("Service") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
"The Service Provider" is GlobalFocus InfoTech Solutions Limited, a private limited company established under the Companies and Allied Matters Act 1990 of the Federal Republic Nigeria.


Ammendment

The Service Provider reserves the right to amend and update the Terms of Service from time to time. You will be notified of any changes to our Terms of Service on our Terms and Conditions Page www.schoolsfocus.net/home/termsAndConditions
Any new features that augment or enhance the current Service, including the release of new features, tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
You can review the most current version of the Terms of Service at any time at: www.schoolsfocus.net/home/termsAndConditions

Violation of any of the terms below will result in the termination of your Account.


Basic
  • If you do not agree, you should decline this Agreement and immediately stop using the Service. Access to the Service is permitted only to those that fully agree with the terms and conditions of this Terms of Service agreement.
  • You agree that this Terms of Service Agreement and the relationship between the parties shall be exclusively governed by the laws of Federal Republic of Nigeria without regards to conflict of law principles, or international conventions.
  • The Service Provider provides its School Management Software as "Software as a Service (SaaS)", and so, only grants its clients access to use its cloud-based software as per the Subscription Plan of the client. The core part of the software service known as "The School Management Portal Application" MUST ALWAYS be hosted by the Service Provider on its cloud server, with access to use the software granted to the clients. The Service Provider holds the exclusive right to ownership of its software source code, and DOES NOT sell its software source code to any client or prospective client for whatsoever amount of money.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the initial service request and signup process.
  • Your login details may only be used by one person - a single login details shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
  • You are responsible for maintaining the security of your account and password. The Service Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • The Client undertakes to maintain full confidentiality over the Client's passwords related to the Service and the Client's Account. If the Client becomes aware of any unauthorized use of its password or of the Client's Account, the Client must notify the Service Provider immediately at [email protected]
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  • While The Service Provider prohibits such conduct and contents on the Service, you understand and agree that the Service Provider cannot be responsible for the contents posted on the Service and you and other users under your account nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • The Client undertakes not to harass, threaten, abuse or harm The Service Provider, its employees or other users of the Service in any way.


Payments, Refunds, Upgrading and Downgrading
  • The School Management Software Service is billed on a yearly basis per 'non-graduated' student registered in a client school's portal. Each client school has a fundable wallet known as "The Subscription Fund Wallet" from where the school's per student subscription charge is deducted yearly. A client school may add money to (Top Up) its Subscription Fund Wallet anytime using credit/debit cards. Any money added to the wallet translates to credit value usable for students subscription and is NON-REFUNDABLE by cash, cheque or any other means by The Service Provider.
  • There will be NO refunds or credits for partial months of service or for months unused while subscription is active.
  • There will be NO refunds of any kind of payment already made appropriately for our service, whether the payer wants the refund as a result of change of mind, initial lack of understanding of our service, or for whatsoever reason.
  • In the case of Subscription Plan Upgrade or Downgrade by the client school at a time a student's active subscription has not expired or is not expiring within the next 30 days, an amount of money calculated on daily rates for the remaining days of the unexpired subscription is refunded in form of Roll-over balance while calculating the student's subscription charge for the Subscription Plan being upgraded or downgraded to.
  • Downgrading to a Lower Subscription Plan is ONLY allowed if the active Higher Subscription Plan is expiring within the next 30 days or had already expired.
  • Downgrading your Service may cause loss of Content, Features, or Capacity of your Account. The service provider does not accept any liability for such loss.
  • All payments are exclusive of all taxes, levies, or duties imposed by taxing authorities if not stated otherwise. The Client will be responsible for payment of all such taxes, levies, or duties.
  • We do not demand for, collect or store your Credit or Debit Card details. All payment transactions are handled and processed by trusted PCI compliant third party Payment Gateways.
  • We do not sell our software source code to any client or prospective client. We only grant our clients access to use our software which is hosted on our cloud server.


Cancellation and Termination
  • You are solely responsible for properly cancelling your account. You can contact [email protected] to know the cancellation procedure.
  • All of your Content will be deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  • If you cancel the Service before the end of your current paid up year, your cancellation will take effect immediately and you will neither be charged again nor refunded.
  • The Service Provider, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. The Service Provider reserves the right to refuse service to anyone for any reason at any time.


Modifications
  • The Service Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services, including but not limited to per student subscription fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the SchoolsFocus Site (www.schoolsfocus.net) or the School Management Application Service Interface itself.
  • The Service Provider shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.
  • The Client acknowledges and agrees that the form and nature of the Service may change from time to time with or without prior notice to the Client due to the fact that the Service Provider is constantly innovating and improving the Service.
  • The Client acknowledges and agrees that the Service Provider may stop (permanently or temporarily) providing the Service (or any features within the Service) to the Client at the Service Provider's sole discretion, with or without prior notice to the Client.


Content
  • Service Provider's Content is protected by copyright. The Client may not copy, modify, rent, lease, loan, sell, distribute, create derivative works, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof without the copyright owner's respective license.
  • The Service Provider claim no intellectual property rights over the material you provide or upload to the Service. Your profile and materials uploaded remain yours.
  • The Service Provider does not pre-screen Content, but service provider and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  • The Client undertakes not to create, transmit, display or make otherwise available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, or hateful (including viruses, worms and any other destructive codes).


General Conditions
  • Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  • Among other things the Service Provider does not represent or warrant to the Client that:
    • the Client's use of the Service will meet the Client's requirements;
    • the Client's use of the Service will be uninterrupted, timely, secure or free from error;
    • any information obtained by the Client as a result of the Client's use of the Service will be accurate, correct, reliable and up to date;
    • defects in the operation or functionality of the Service will be corrected.
  • Technical support is available via email, Live Chat and Support Ticket.
  • No warranties (including for satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent expressly stipulated in the Agreement.
    • The Service Provider is not liable for any direct, indirect or consequential damage (including loss of profit, loss of data, loss of goodwill or business reputation) of the Client which may be incurred to the Client in relation with the Service, including:
    • damage resulting from any changes which the Service Provider may make to the Service;
    • damage resulting from any permanent or temporary interruption in the provision of the Service;
    • damage resulting from deletion of, corruption of, or failure to store, any Client's Content;
    • damage resulting from the Client's failure to provide the Service Provider with accurate account information;
    • damage resulting from the Client's failure to keep the Client's password or the details of the Client's Account secure and confidential.
    • damage resulting from the Client's failure to provide good computers and devices or internet access service for their school or institution.
  • The Client must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
  • The Client understands that Service Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • The Client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Service Provider.
  • The Client must indemnify the Service Provider, its officers, directors, employees, agents, licensors, suppliers, etc. for any and all claims, liabilities, losses, expenses, damage and costs, including attorney's fees, resulting from the breach of the Agreement, and from the activities on the Client Account.
  • The Service Provider may, but have no obligated to, remove Content and/or Accounts containing Content determined in sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  • The Client agrees that the Service Provider may provide the Client with notices, including those regarding changes to the Agreement, by emails, text messages, or postings on the Service Interface.
  • You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not upload, post, host, or transmit unsolicited email, text messages, or "spam" messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • Nothing in the Agreement shall exclude or limit the Service Provider's liability for damage which may not be lawfully excluded or limited by the laws of the Federal Republic of Nigeria.
  • The failure of Service Provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
  • The Terms of Service constitutes the entire agreement between you and the Service Provider and govern your use of the Service, superceding any prior agreements between you and service provider (including, but not limited to, any prior versions of the Terms of Service).
  • This Agreement shall be governed by and interpreted according to the laws of the Federal Republic of Nigeria and shall be subject to the exclusive jurisdiction of Nigerian courts.
  • In case the Agreement has been translated into some other language than English and there are contradictions between the English version and the translation, then the English version shall prevail over the translation.
  • Any disputes related to the Agreement are to be solved by means of negotiations. If the dispute cannot be solved by means of negotiations, the dispute shall be solved in Federal High court, Enugu, Enugu State, Nigeria.
  • The Service Provider shall not be in breach of its obligations under this Agreement or be responsible for any delay in carrying out its obligations if performance is prevented or delayed wholly or in part as a consequence of force majeure. Force majeure means any circumstance beyond the reasonable control of the Service Provider including but not limited to acts of war, state or national emergency, strike, rebellion, insurrection, government sanctions, actions of regulatory or supervisory authorities, accident, power failure, internet and communication link failure, fire, earthquake, flood, storm, tornadoes, hurricane, or any other act of God or any technical failure caused by devices, matters or materials.
  • Questions about the Terms of Service should be sent to [email protected]


Dispute Resolution
  • Negotiated Settlement or Mediation - In the event of a dispute arising between you and The Service Provider, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event of any dispute, the Parties shall seek to resolve any such dispute amicably between themselves or through a negotiated settlement and in the event of their inability to resolve the dispute as aforesaid, the parties shall explore a mediated settlement with both Parties appointing one(1) Mediator who shall act as a catalyst for resolution.
  • Arbitration - If at any time the Parties are unable to amicably resolve any dispute(s) through negotiated settlement or mediation, either party shall refer the matter to be finally settled by arbitration in accordance with the Arbitration & Conciliation Act, Cap A18, Laws of the Federation of Nigeria (LFN) 2004. The arbitration shall take place in Enugu, Nigeria and be conducted in English Language. . If the parties fail to agree on the Arbitrator, the Arbitrator shall be appointed by the President of the Chartered Institute of Arbitrators UK (Nigeria Branch). Each Party will bear its costs save for joint costs which will be borne jointly.


This document was last updated on March 30, 2018

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