Terms and Conditions
General
Welcome to the Educonnex Pty Ltd suite of software, which includes Educonnex, PTO, SSO, and Enrolled (“Products”).
By accessing or using any of these Products or other Products from Educonnex Pty Ltd, you agree to comply with and be bound by the following Terms and Conditions (“Terms”). Please read these Terms carefully before using our Products.
Description of Services
Educonnex: A student information management system that offers features such as communications, attendance management and academic reporting.
PTO: An appointment booking tool for scheduling parent teacher meetings, or any other type of event with limited places.
SSO: A subject selection tool that does all the validation and checking required when students make their selections.
Enrolled: A simple enrolment tool for the capture and management of enrolment applications.
Access
Agreement
By accessing or using the Products, or any other related services (“Services”), you (“User”, “You” or “Client”) agree to be bound by these Terms and Conditions. If You do not agree with these Terms, You may not use the Product/s or Services.
We reserve the right, at our discretion, to update or revise these Terms and Conditions. Please check the Terms periodically for changes.
Your continued use of our Products following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
Use
By using the Products, You agree to use the services solely for its intended function, only for the organisation registered, and strictly within the scope of Your assigned role. The Products must not be used for any activities beyond the intended use, including, but not limited to, personal or commercial endeavours unrelated to Your role within the organisation subscribed to the Product/s. Sharing of login credentials or access with unauthorised individuals is forbidden, and Users must not engage in any unauthorised data collection, distribution, or manipulation. Additionally, malicious usage, such as attempts to compromise security, disrupt service, or exploit vulnerabilities, unauthorised attempts to access data not intended for Your access is strictly prohibited. Any misuse or violation of these Terms, including excessive use beyond reasonable limits for Your role or malicious activities, may result in immediate suspension or termination of access and potential legal action as deemed necessary, applicable to both individual Users and/or organisations an individual User is acting on behalf of.
Privacy
User information collected by each party will be retained or disposed in accordance with the requirements of the organisation that subscribed to the Product/s or any other statutory requirements. Educonnex Pty Ltd may retain all archived information indefinitely unless otherwise directed.
You are entirely responsible for maintaining the confidentiality of Your password and User ID. Furthermore, You are entirely responsible for any and all activities that occur under Your account. Educonnex Pty Ltd will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Educonnex Pty Ltd or a related party if You provide unauthorised access to another person or unauthorised party. You may not use anyone else’s account at any time.
You agree to notify Educonnex Pty Ltd immediately of any unauthorised use of Your account or any other breach of security. Educonnex Pty Ltd will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Educonnex Pty Ltd or related party if You provide unauthorised access or view to another person or unauthorised party. You may not use anyone else’s account at any time.
You agree that all information or data of any kind, whether text, files, photographs, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose User account is used. Educonnex Pty Ltd shall not be responsible to You in any way for the Content that appears in the Products, nor for any error or omission, nor liable for any breaches of any copyright in the content stored in Products by the Users.
Educonnex Pty Ltd will track a User’s use of all Products for audit trail purposes.
The detailed Privacy Policy can be accessed at: https://educonnex.education/privacy-policy/
Billing
The items under this heading are applicable to the organisation (“Client”) that is subscribing to Products from Educonnex Pty Ltd.
Setup Fee
A Set Up Fee must be paid once at the commencement of the use of any of our Products. This fee is only charged once in the lifetime of the school on the basis that the Product/s is/are used at least once within each 12-month billing period. The billing year is each 12-month period, based on the date and month of Your initial registration.
Educonnex Pty Ltd reserves the right to charge the paying client a new Set Up Fee if the Product/s is/are not used at least once in each billing period, or if You cancel Your subscription and re-subscribe at a later point in time.
Subscription Fee
The following paragraphs explain the Subscription Fees for each Product:
PTO
By default, an annual subscription fee is payable in advance for every 12 months or part thereof, calculated from the date of the Product registration. The arrangement remains in place until an authorised representative of the paying client advises in writing that they wish to terminate using the Product. A renewal process needs to be completed by a representative of the paying Client each 12 months to calculate the correct price at that time, for the subsequent 12-month period. This occurs on or after the anniversary date of the initial Product registration.
SSO
By default, an annual subscription fee is payable once in a 12-month period, calculated per academic year. The arrangement remains in place until the paying client advises in writing that they wish to terminate using the Product. Invoices are typically issued between April and October, which covers the academic year it is issued in. An authorised representative of the paying Client can terminate the service up to the date the invoice has been issued, providing there has been no use of the Product within that academic year.
Educonnex
By default, a fee per student, per month is payable every 3 months (“Quarter”), with any minor adjustments made in the following Quarter. The arrangement remains in place until an authorised representative of the paying Client advises in writing that they wish to terminate using the Product, with a minimum of 3 months’ notice.
Enrolled
By default, an annual subscription is payable in advance for every 12 months or part thereof, calculated from the date of Product registration. Invoices are generated on or after the anniversary date of the initial Product registration. The subscription remains in place until an authorised representative of the paying Client advises in writing that they wish to terminate using the Product.
All Products
By mutual consent, Educonnex Pty Ltd may enter into alternative arrangements with the paying client.
The Subscription Fees for each Product will be reviewed from time to time. For PTO, the pricing will be indicated at the time of the fee renewal process which is completed by the authorised representative of the paying client. For all other Products, an email will be sent at least 30 days prior to the start of the annual cycle if there is a price increase.
Unless otherwise arranged, payment terms are within 14 days of invoice issuance. Educonnex Pty Ltd reserves the right to terminate a Client’s access to our Products where invoices are more than 1 month overdue, such termination may lead to the irretrievable deletion of existing data.
Fixed Term Agreements
Subject to assessment by Educonnex Pty Ltd, a paying Client may enter into a fixed term agreement for a Product, for example, three (3) years. In such cases, the paying Client will be billed at an agreed amount for each 12-month period for the duration of the agreement, regardless of whether they have used the service or not. Should the paying Client terminate their subscription, Educonnex Pty Ltd will immediately invoice any remaining payments that would have fallen within the agreement period, which will then be payable within the standard payment terms.
Other Fees & Charges
Other fees and charges including those related to the provision of other Services, or Services provided by third parties, may become liable from time to time. Any such charges will be advised in writing prior to provision of the Product or Service.
Support
Support is available to You where the Product does not perform in the manner it is designed to perform.
Any other support services are provided at the discretion of Educonnex Pty Ltd with the aim of assisting You with any process You could not reasonably complete Yourself.
Requests for support and/or training outside of the above will incur a charge in line with Educonnex Pty Ltd’s standard hourly support or training charges at the time, in relation to the nature of any additional service sought. Any work incurring additional charges will be quoted prior to commencement of the work.
Such requests may take the form of, but are not limited to:
- any Supported Data Upload Requests where a Client seeks Educonnex Pty Ltd staff support to validate their data in terms of the Product’s standard requirements (as outlined in our Help Documentation) that requires more than 15 minutes of preparation work by Educonnex Pty Ltd staff;
- any manipulation, or merging of data to validate data in terms of the Product’s standard requirements as outlined in our Help Documentation; or
- any data corrections, updates, or additions of further data to a Client’s data requested by You for any reason, carried out by Educonnex Pty Ltd staff.
Legal
Intellectual Property
In consideration of Educonnex Pty Ltd providing access to certain Confidential Information (via admin login) of the Products, Intellectual Property and Expertise, this information and access to such files is to be kept strictly confidential. You agree not to use, transmit, print or copy any information, save for training purposes.
Advertising
You may not use access to the Products to provide any promotional or advertising information unless it is directly related to the organisation who has registered for the Product/s, unless prior written approval is obtained from Educonnex Pty Ltd.
Liability
Educonnex Pty Ltd accepts no responsibility for any loss or damage caused from the use of its Products or Services.
Educonnex Pty Ltd accepts no responsibility for the quality of the data supplied.
It is the User’s responsibility to provide Educonnex Pty Ltd with accurate and up to date data.
Third Party Products & Services
Goods and services of third parties may be made available on or through the Products.
Representations made regarding Products and services provided by third parties are governed by the policies and representations made by these third parties.
Where we provide hypertext links to other sites, we do so for information purposes only, and such links are not endorsements by us of any Products or services in such sites and we accept no liability nor make any endorsement or approval of those sites.
Educonnex Pty Ltd shall not be liable for or responsible in any manner for any of Your dealings or interaction with third parties.
Governing Law & Jurisdiction
If You use the Products in Australia, these Terms and Conditions are governed by the laws of the State of New South Wales.
If You use the Products outside Australia, then local laws may apply.
In the event that these Terms and Conditions conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact;
The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any that party’s right and that right will remain in full force and effect;
You agree that without regard to any statue or contrary law that any claim or cause arising out of the use of the Products must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.
Copyright
All title and copyrights in and to the Products, and any copies of those Products, are owned by Educonnex Pty Ltd. All rights not expressly granted are reserved by Educonnex Pty Ltd.
Succession
These Terms and Conditions will succeed the use of the Service.