26.1 The definitions and rules of interpretation in this clause apply in this agreement.
Authorised Users: those governors, trustees, directors, employees and locums of the Customer who have been setup as a user of the Software and Services by the Master User. The term Authorised User shall, for the avoidance of all doubt, include the Master User.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 9.6 or clause 9.7.
Customer: the entity identified as the Customer on the Order Form.
Customer Data: the data inputted by the Customer, Authorised Users, or TheSchoolBus on the Customer's behalf for the purpose of using the Services or facilitating the Customer's use of the Services.
Data Protection Legislation: unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK.
Documentation: the document made available to the Customer by TheSchoolBus online via https://www.theschoolbus.net/login or such other web address notified by TheSchoolBus to the Customer from time to time which sets out a description of the Services and the user instructions for the Services.
Effective Date: the later of: (a) the date outlined as the Effective Date in the Order Form; or (b) the day immediately following the expiry of the Trial Period, where the Trial Period has not been terminated in accordance with the provisions of clause 12.1; or (c) in the absence of a specified effective date and Trial Period, the date of this agreement.
Initial Subscription Term: the initial term of this agreement as set out in the Order Form.
Master User: the employee, governor, director or trustee of the Customer, the identity of whom is provided in the Order Form (including relevant contact information) who shall be the main point of contact between the Customer and TheSchoolBus and who shall be in control of the Customer’s access to the Services and the Software, including the granting, and managing, of access to the Authorised Users.
Multi-Academy Trust: a group of academy schools that have entered into a formal arrangement whereby they agree to share resources for the benefit of the trust members.
Need Further Help: requests can be submitted by master users only. Each master user may request one bespoke document per three working days. Model documents and intended for use as guidance only. Schools should use any document provided as a basis for the creation of their own final document, complete with necessary approval. TheSchoolBus has the right to refuse Need Further Help Requests.
Normal Business Hours: 9.00 am to 5.00 pm local UK time, each Business Day.
Order Form: the order form signed by the parties outlining key terms under which the Customer shall receive the Services.
Renewal Period: the period described in clause 12.1.
Services: the subscription services provided by TheSchoolBus to the Customer under this agreement via https://www.theschoolbus.net/login or any other website notified to the Customer by TheSchoolBus from time to time, as more particularly described in the Documentation.
Software: the online software applications provided by TheSchoolBus as part of the Services.
Subscription Fees: the subscription fees payable by the Customer to TheSchoolBus for the User Subscriptions, as set out in the Order Form.
Subscription Term: has the meaning given in clause 12.1 (being the Initial Subscription Term together with any subsequent Renewal Periods).
TheSchoolBus: the trading and brand name of Hub4Leaders Limited, Elmwood Court, Tytherington Business Park, Macclesfield, SK10 2XF.
Trial Period: the period of time during which use of the Services shall be available (one per school) without charge which, unless otherwise stated, shall be the shorter of:
(a) having used 5 page views; or
(b) 2 weeks.
User Subscriptions: the user subscriptions purchased by the Customer pursuant to clause 7.1 which entitle Authorised Users to access and use the Services and the Documentation in accordance with this agreement.
Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
V3 May 2018