These (online) General Terms and Conditions (the "GTC") are issued by Solware Informatikai Kft., (address: Gödöllő 2100, Kard u. 10., company registration number: 13 09 125775, tax number: 12384114-2-13) ("The Service Provider") and regulate the rights and obligations of the Service Provider and the Customer as part of the Contract between the Parties for the use of the SchoolDrive online school administration system.
"Acceptable Use Policy" the guidelines for acceptable use of the Services set forth in https://www.schooldrive.net/shared/terms/en/ use_policy.html or another URL provided by the Service Provider.
"Admin Account" the accounts provided by the Service Provider to the Customer for the supervision of the Services. To use the administrator account (s), a password is required, which is provided by the Service Provider to the Customer.
"Administrators" persons designated by Customer to oversee the Services provided to end users on behalf of Customer. The system knows the authorization levels of a) Staff, b) Office Head, and c) Manager in ascending order. End users with a higher level of privileges are Administrators of lower level end users: they can create and suspend end users with such privileges.
"Agreement" the agreement between the Service Provider and the Customer, of which forms these GTC form a part of and which contains the following: (i) the ordered Services; (ii) the Fees; (iii) the First Service Period; (iv) the method of payment.
"Brand Features" trade names, trademarks, service names, logos, domain names, and other distinctive trademarks of the parties, which may protected occasionally.
"Confidential Information" information identified as confidential or otherwise considered confidential in the circumstances and disclosed by one Party to the other Party under this Agreement. Customer Data is confidential information of the Customer.
"Customer Data" all data, including emails, provided, created, transmitted or displayed by Customer or End Users through the Services.
"Emergency Security Issue" a case where (a) a Customer uses the Services in violation of the Acceptable Use Policy, which may disrupt (i) the Services, (ii) the use of the Services by other Customers, or (iii) the operation of Service Provider networks or servers used to provide the Services; or (b) any third party has unauthorized access to the Services.
"End Users" individuals to whom Customer authorizes use of the Services.
"End User Account" "End User Account" means the accounts operated by the Service Provider for the End Users established by the Customer through the Service.
"Fees" the amounts invoiced to the Customer by the Service Provider for the Services as included in the Agreement. The Fees are calculated annually using the Fee Percentage.
"Fee Percentage" The Fees for the next year are calculated from the revenues of the services (e.g. courses, translations, interpretations) of the previous year that Customer has registered and manages in the system. The Fee Percentage is specified in the Service Agreement. For example a Fee Percentage of 1% has the meaning in case revenues of the previous year were 600K that the annual fee is 6000, which translates to 500 + VAT / month.
"High Risk Activities" activities (such as the operation of nuclear facilities, air traffic control or the operation of life-saving equipment) where the use or failure of the Services could result in death, personal injury or environmental damage.
"First Service Period" the duration of the relevant Services, which shall be the period specified in the Agreement from the beginning of the provision of the Service.
"Intellectual Property Rights" current and future worldwide rights under patent and copyright laws, trade secrets and trademarks, moral rights laws and other similar laws.
"Notification Email Address" the e-mail address designated by the Customer to receive e-mail notifications from the Service Provider in the Agreement.
"Service Start Date" the date on which the Service Provider makes the Services available to the Customer and which, unless the parties have agreed otherwise, may not be more than one week after the Service Provider has received the signed Contract.
"Service Websites" Websites that display the Services to End Users.
"Services" the applicable basic services of the SchoolDrive service package provided by the Service Provider and used by the Customer pursuant to this Agreement. A description of the Services is available at the following website or at another URL provided by the Service Provider: https://www.schooldrive.net/shared/terms/en/user_features.html.
"Service Period" the First Service Period for the applicable Services and the total renewal periods.
"SLA" Service Level Agreement available at the following website or other URL provided by the Service Provider: https://www.schooldrive.net/shared/terms/en/sla.html.
"Suspension" immediately blocking of access to the Services or components of the Services to prevent further use of the Services.
"Taxes" all taxes, duties, fees or taxes (other than the Service Provider's income tax) related to the Services, including applicable penalties and interest.
"Term" the duration of the Agreement, which shall commence on the effective data, and (i) until the end of the last period of service or (ii) the termination of the Agreement as set forth herein, whichever is earlier.
"Third-Party Proceeding" a request from a third party for the usage data of an End User of the Services. An External Inquiry may be a lawful search warrant, court order, subpoena or other final order, or the End User's written consent to disclosure.
"Technical Support Services" the technical customer service provided to the administrators for the period specified by the Service Provider in the Guidelines for using the Technical Support Services.
"Guidelines for using the Technical Support Services" the guidelines applicable to the Services regarding the use of the Service Provider's technical support service. Guidelines for using the technical support service are available at the following URL or at another URL provided by your Service Provider: https://www.schooldrive.net/shared/terms/en/tssg.html.
"URL Terms" terms and conditions of "Acceptable Use Policy," "Service Agreement," and "Guidelines for using the Technical Support Services" all together.
"User terms" terms and conditions that must be approved by all users before using the system available at a https://www.schooldrive.net/shared/terms/en/user_terms.html.
Version: September 1, 2016