Welcome! By using our software, you agree to these terms and conditions. Please read carefully.

Billing

Quarterly billing: You'll be billed quarterly (March, June, September, December) based on your active users and usage during that period.

Retrospective billing: You'll receive your invoice during the 3rd month of each quarter, covering the entire quarter.

Pro-rated billing: Your first invoice will be pro-rated based on the number of complete months used.

Cancellation

Cancellation process: You can cancel your service anytime in writing (email or physical) to Education Management Solutions (EMS).

Termination responsibilities: You'll be billed for any full months used since your last invoice. You're responsible for informing your staff and saving their data upon cancellation. EMS is not responsible for data extraction, storage, or reporting after cancellation.

Access and data archiving: Your access will be enabled until the end of your cancellation invoice period. After this, access will be disabled, and data will be archived until the next purging cycle. Extracting data after cancellation may be possible but incurs a fee and cannot be guaranteed due to purging.

Refunds

6-week satisfaction guarantee: If unsatisfied within the first six weeks, you can cancel for free (as outlined in the cancellation section). Setup and training fees are non-refundable.

Intellectual Property

Ownership: Our applications and their associated intellectual property (coding, programming, etc.) belong solely to EMS.

Restrictions: Reproduction in any form (including for demonstrations) is strictly prohibited without permission.

Customer rights: Using our applications does not grant ownership or intellectual property rights. They are provided as a paid service.

Licence to use: Subject to these terms, EMS grants you a non-exclusive, non-transferable licence to access and use our applications for your organisation's internal purposes for the duration of your paid subscription. You may not copy, modify, decompile, or reverse engineer the applications, except to the extent permitted by law.

Acceptable use: Our applications are data management tools and should not be used to store or transmit content that is:

• Defamatory or harassing

• Illegal or fraudulent

• Misleading or deceptive

• Sexually explicit

• Malicious (viruses, worms, etc.)

• Copyright-infringing

• Infringing on any intellectual property

• Deemed inappropriate by EMS

Termination rights: We reserve the right to terminate your access if your usage violates these terms.

Privacy

Your data: We value your privacy. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these terms. We will never sell or lease client details to third parties.

Data access: EMS may access user content for support, but access is restricted to authorised personnel who require it for their job duties. All EMS staff are contractually obligated to safeguard your information.

Communication: We may use your contact information to inform you about products, services, and training opportunities.

Online Accessibility

Uptime efforts: We strive for 24/7 availability but cannot guarantee it due to unforeseen circumstances (network outages) or planned maintenance. We'll work to restore service as quickly as possible in any downtime event.
Compensation: We do not offer compensation for service outages, even if uptime falls below our 99.9% target.

Liability and Data Loss

Security: While we take security measures seriously, we cannot guarantee absolute protection from hacking, viruses, or other online threats.
Data backups: It is your responsibility to back up any files uploaded to our software and regularly back up reports and work. We are not liable for any action or inaction related to our service.

Jurisdiction

Governing law: These terms are governed by the laws of Victoria, Australia.
Dispute resolution: Any disputes arising from these terms will be settled in this jurisdiction.

Entire agreement

These terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and EMS regarding the use of our applications.

Severability

If any provision of these terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full force and effect.

By using our software, you acknowledge that you have read and understood these terms and conditions. If you have any questions, please contact us.