New Era Technology – Education Product Terms

General Terms

This document sets out the roles and responsibilities of the Customer and the Company and should be read in conjunction with the New Era Terms and Conditions. These Terms cover the following New Era Education Products: DB Primary, SchoolPing, Websites, Able+ Cloud.

The Customer’s role

• The Customer agrees not to act in any manner that damages, is likely to damage or otherwise adversely affects the reputation of New Era.
• The Customer acknowledges that New Era may take any action as is necessary in its opinion to protect the legitimate interests of other participating Customers, the reputation of New Era, or ensure the efficient operation of the New Era Products. This will be without incurring liability to the Customer, and without prejudice to any other defined rights and remedies.
• The Customer undertakes that:
  • it will take the responsibility for supporting its End Users in their use of the New Era Product(s);
  • it will provide all necessary cooperation to allow New Era to support the Customer in adopting and using the New Era Product(s);
  • all and any data when provided by it to New Era is accurate and up-to-date;
  • it will give reasonable assistance to any other organisation investigating misuse of the New Era Product(s);
  • The Customer agrees that New Era may use the Customer’s name and logo for the purposes of promoting the New Era Products
• The Customer undertakes not to perform and to procure that no registered user performs any of the acts below except to the extent permitted by overriding statutory requirements.
  • copy the Product nor otherwise reproduce the same;
  • translate, adapt, vary, or modify the Product;
  • disassemble, decompile or
  • reverse engineer the Product.
• The Customer undertakes to supervise and control use of the Product in accordance with the terms of this agreement and to ensure that all registered users comply with the terms of this agreement so far as is applicable to them.
• The Customer agrees not to provide or otherwise make available the Product in whole or in part (including but not limited to object and source program listings, object code and source code), in any form to any person other than New Era’s employees without prior written consent from New Era
• The Customer is responsible for maintaining its own internet access and all necessary telecommunications equipment, software and other materials in order to be able to use the Product.
• The Customer shall document and promptly report all errors or malfunctions in use of the Product to New Era
• Notwithstanding any warranty given by New Era in relation to access to the Product, New Era reserves the right to terminate or suspend the Customer or any authorised user’s use of the product immediately if the servers are compromised, cracked or hacked or used inappropriately by any person in any way including but not limited to use of the servers: in a distributed denial of service attack;
• to probe parts of other servers for vulnerability;
• for any illegal activity;
• to cause network disruption.

 The Company’s Role

• New Era shall provide the New Era Products in accordance with the service levels set out in Education Service Level Agreement – New Era Technology UK
• New Era undertakes to provide technical support to Customers in their adoption and use of the New Era Products.
• New Era undertakes to protect the security of the Service by implementing Good Practice and encouraging its adoption by Customers.
• New Era may reduce or suspend the New Era Products without notice and without liability where in New Era’s opinion this is necessary for operational or security reasons.
• New Era shall not be liable for any non-conformance which is caused by use of the New Era Products contrary to New Era’s instructions or modification or alteration of the New Era Products by any party other than New Era or New Era’s duly authorised contractors or agents.
• New Era does not warrant that the Customer’s use of the New Era Products will be uninterrupted or error-free or that the New Era Products will meet the Customer’s requirements.
• New Era is not responsible for any delays, delivery failures or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and the Customer acknowledges that the New Era Products may be subject to limitations, delays and other problems in the use of such communications facilities.

DB Primary & SchoolPing

The following terms relate specifically to DB Primary & SchoolPing

MIS Integration

MIS Integration relies on Third Party Software. Changes or cancellation may be beyond the control of New Era. Customers using MIS integration are responsible for all updates and changes to their own servers where the software is hosted including changes that might cause the service to be interrupted. Accounts are created and updated via the data from MIS each day. You must contact us on  educationsupport01.gvc@neweratech.com and inform us in advance if you are changing MIS provider or you are having a new installation of your MIS.

SchoolPing Payments

The SchoolPing payment gateway utilises a party organisation who is authorised by the Financial Conduct Authority under the Payment Service Regulations 2009 (No. 835764) for the provision of payment services. All transaction fees related to this service are charged as per their standard terms and conditions, and New Era does not make any additional charges for these services.  New Era will continue to present these fees transparently, but cannot be responsible for any changes made to these, which may take place from time to time.

Websites

The following terms relate specifically to Websites, website development and design services.

Customer Review

New Era will provide the Customer with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted as complete unless the Customer notifies New Era otherwise within ten (10) days of the date the materials are made available to the Customer. 

Project Communication and timescales

New Era will complete the build of the Customer’s website by the date specified and agreed either via email or during the Customer consultation meeting, unless a delay is specifically requested by the Customer and agreed by New Era. 

In return, the Customer agrees to delegate a single individual as a primary contact to aid New Era with progressing the commission in a satisfactory and expedient manner. 

During the project, New Era will require the Customer to provide website content; text, images, video and audio files. 

For New Era to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information in advance.  

If a website project takes longer than 6 months from the agreement date and progress cannot be made because we have not been given the required information in the agreed time frame, and we are delayed as result, or because we have had not had responses to our attempts to communicate with you, we reserve the right to impose a surcharge of up to 25%.  

Please note, text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Other content should be provided in the following formats: 

 Images: PNG, JPEG, GIF, SVG 

• Letters/brochures: Word or PDF
• Video: MP4
• Audio: MP3

Alternatively, we will consider copying content from your existing website as long as we are clearly provided with details of where the content can be found on your website (URLs to be provided) and which page you wish it to go on, on your new website.   

Using our content management system, you are able to keep your content up to date yourself. 

Please note, the Customer is responsible for archiving old data from their existing supplier, independent of their agreement with us.

Additional Expenses

Customer agrees to reimburse New Era for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. Such expenses will be agreed in advanced with the Customer.  

Web Browsers & third-party components

New Era makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the latest and last version of the most popular current browsers (e.g. Firefox, Internet Explorer and Google Chrome, etc.). The Customer agrees that New Era cannot guarantee correct functionality with all browser software across different operating systems. 

We cannot guarantee that 3rd party website widgets or components will be compatible with New Era websites e.g. RSS feeds or side panels. If custom development is required to accommodate 3rd party features which are not natively compatible, this will be chargeable. 

Training & Support

Our offer of unlimited training and support is based on a ‘reasonable’ amount of time spent. If this becomes excessive we reserve the right to charge the Customer for additional training and support.  

Copyright

The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants New Era the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting New Era permission and rights for use of the same and agrees to indemnify and hold harmless New Era from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Customer to New Era that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. 

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer via email and that all image files will be provided electronically in .gif, .jpeg, .png or .svg format.  

Design Credit

A link to New Era will appear in small type font at the bottom of the Customer’s website The Customer also agrees that the website developed for the Customer may be presented in New Era’s portfolio. 

Post-Placement Alterations

New Era cannot accept responsibility for any alterations caused by a third party occurring to the Customer’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. 

Domain Names

New Era may purchase domain names on behalf of the Customer, if agreed with the Customer. New Era will pay for and renew any domain names that we have purchased on behalf of a Customer, for the duration of the Customer’s contract with us.  

If the Customer wishes to transfer away this domain name, we will charge an admin fee of £30 + VAT.  

New Era cannot be held responsible for any delays caused by domain transfers (where we have fulfilled our role in the process), or delays in DNS updates relying on third parties. 

Customers can only map one website domain to their New Era website. If a Customer wishes to use multiple domains, one must be the primary domain, and others must forward onto it. 

With websites hosted on new web domains, there will be a delay before search engines index these and return them in search results. This is a natural process with websites relying on organic search listing growth. We aim to optimise the SEO on the website using best practice, however the Customer must ensure that any websites that link back to their website, for example the local authority, are informed of any changes to their website domain. 

Services

• Cancellation of onsite training requires a minimum of two weeks’ notice. In the event of a cancellation less than two weeks’ prior to the booking you will be charged at our standard rate. 
• Cancellation of attendance at a regional event requires a minimum of one weeks’ notice. In the event of a cancellation less than one week prior to the booking you will be charged at our standard rate. 
• Services must be booked within 6 months of the purchase date.
• Training dates cannot be guaranteed and will be booked on a first come first serve basis. Inset days are popular and therefore you should book early to avoid disappointment. 
• Prices do not include the cost of supply cover. It is the responsibility of the school to arrange supply cover.
• All prices are subject to VAT.
• During pupil training sessions we would prefer the teacher or teaching assistance to remain in the room during the training. We feel it is beneficial for school staff to be aware of the skills that their pupils are being taught.
• When booking onsite training or hosting events it is the responsibility of the hosting organisation to ensure adequate facilities are available including internet access. 

Able+ Cloud

The following terms relate specifically to Able+ Cloud

• The Customer shall provide New Era with access to appropriate members of the Customer’s staff, as such access is reasonably requested by New Era in order for New Era to discharge its obligations throughout the Term;  
• The Customer shall provide sufficient and suitably qualified staff to fulfil the Customer’s roles and duties under this Agreement 
• The Customer shall provide such documentation, data and/or other information that New Era reasonably requests that is necessary to perform its obligations under the terms of this Agreement provided that such documentation, data and/or information is available to the Customer and is authorised for release by the customer.  
• The Customer shall provide appropriate technical support resources to resolve technical problems not related to the New Era solution..   
• The Customer shall maintain the WAN.  
• The Customer shall be responsible for the network security of the WAN, including the provision of anti-virus safeguards, with particular regard to email and FTP within the WAN environment.  
• Subject to the relevant Security Policies and the project needs, the Customer will allow New Era to connect [the Sites] to the WAN and to facilitate granting New Era with all relevant access privileges and network security clearances that New Era requires in order to undertake remote management activities.  
• The Customer shall host a public IP address and provide an interface that permits authenticated users access to Services.  
• The Customer shall be responsible for the provision and maintenance of the appropriate connections and bandwidth to the WAN for all sites.  
• The Customer shall be responsible for the provision and maintenance of the hardware (virtualised or/physical) used to install (if required) part of the solution (agents) within the WAN.    
• The Customer shall facilitate New Era to communicate and discuss with the solution provider re the Customer applications involved in this project.   
• If the solution includes Microsoft Active Directory (AD) or Microsoft Active Directory Federation Services (ADFS), the customer shall be responsible for ensuring that it is implemented as needed, sized and maintained as by best practices on the Customer’s WAN and that licences are present, purchased and maintained by the customer. 
• The Customer shall be responsible for ensuring that LDAP, if present in the final solution and not dependent on the New Era’s offer, is implemented as needed, sized and maintained as by best practices on the Customer’s WAN.  
• The Customer shall ensure that New Era is allowed to install, if needed, within the Customer WAN part of the solution (Agent).  
• The Customer will provide and maintain the hardware (virtualised or/physical) used to install part of the solution (Agent) within the WAN.