Software Subscription Agreement
By subscribing to the KSM Online Management Systems, you are agreeing to the Terms and Conditions outlined below in a legally binding manner.
If you are subscribing on behalf of a company, you represent that you are duly authorised to represent the company and accept the terms and
conditions of the agreement on behalf of the company. A binding contract is then formed between KSM Online and the company in accordance with
the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.
Proprietary Rights and Conditions
All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the software
(including but not limited to all html, php, graphic/image, and text files) are owned by KSM Online. Such rights are protected by United Kingdom
copyright laws, other applicable copyright laws, and international treaty provisions. KSM Online retains all rights not expressly granted herein.
You may not redistribute, sell, decompile, reverse engineer, or disassemble the software. The software, including any modified or customized
versions, cannot be resold, redistributed, or offered as a service without explicit written permission from KSM Online. KSM Online reserves the
right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice.
By signing this agreement, you are agreeing to commit to the subscription period outlined in the order schedule. In the final month of your subscription, you will receive notice of the nearing end date with the option of continuing on with a rolling subscription. If you decide for any reason not to continue with your subscription, this will be the period in which you can make your backups to ensure you do not lose your data. By subscribing you are committing to the entire length of the subscription period, no refunds can be processed for any 'un-used time', nor can deferred payments not be made.
Please also note that this contract is in line with the current license band that you fit into. If your organisation grows to the next applicable license band, you will be invoiced in accordance with the new license band charge for your organisation. KSM Online reserve the right to amend license band charges without prior notice.
Subscriptions are automatically renewed upon the 3 year contract based on your current package options, school size and any special considerations, and you are enrolled onto these automatically once your current subscription has expired.
Cancellation of subscription
If for any reason you choose to end your subscription before the end of the contract as stipulated in the contract herein, the contract cancellation charge is set at 50% of the remaining balance in accordance with the payment schedule, plus an addition of covering the cost of the discounts provided through the contract length.
Support is in two forms - via the helpdesk online facility (available through your interface), or via email to email@example.com
. For safety
and security reasons, we cannot provide support directly to staff members who email the helpdesk email address. Each school has a nominated school
representative (usually a headteacher), and it is only this representative that our support staff can respond to via the firstname.lastname@example.org email address.
Any password reset requests, access requests or any other such access related requests cannot be processed unless sent by the nominated school representative.
Helpdesk tickets can be submitted around the clock, but please note we do not commit to a response time.
Due to the nature of the data stored on our management systems, specific agreements can be drawn up on subscription relating to backups. You have the option to
make as many backups as you choose, and you also have the option to save this data where you choose. It is your responsibility to ensure this data is kept safe.
In the interests of Data Protection, KSM Online cannot store backups on your behalf. If you require KSM Online to create regular backups on your behalf for
'just in case' occasions, you will need to send a specific email stating that you grant permission for your data to be accessed by your KSM representative.
Speak to your KSM rep to find out more and the template should you require this service.
System Tailoring / Changes
Any system tailoring requests are subject to an impact assessment to determine the complexity of the change. Once that is done, your KSM Representative will advise
when the changes will be in place. System changes are irreversible for any given subscription year, no refunds can be processed for roll backs, where newly developed
functionality is scrapped in subsequent years.