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These terms and conditions form the agreement between iCapture Limited and the customer. They are ror the supply and support of the Capture for Nurseries products and services. These terms supersede and replace any prior agreements between Trinity ICT Limited, the previous owner of the Capture for Nurseries service and the Customer.

1 Parties

1.1 The Company – iCapture Limited are the providers of the Capture for nurseries software service. This service is branded as ‘Capture’ or ‘Capture for Nurseries’ iCapture are registered at Bowland House, Philips Road, Whitebirk Industrial Estate, Blackburn, BB1 5HA. Registration Number 10923840.

1.2 The Customer – The purchaser of the service will be referred to as the customer.

2 Definitions

2.1 The service – The Capture software service. Branded as either ‘Capture’or ‘Capture for Nurseries’

2.2 User – Any individual who is given access to the service by the customer through a username and password combination.

2.3 Data or Content– Any information that is held on the system on behalf of the customer. Data can be user generated data or data relating to the use of the service. It can also refer to information that is shared with the customer from 3rd parties such as other organisations or family members using the ‘Capture for Parents’ service.

2.4 Party or Parties – Other organisations or individuals such as relatives or associated schools that the customer has given permission to send and receive content with.

2.5 Partners – Any 3rd party organisation that iCapture use to help us deliver the service to the customer. These include but are not exclusive to service hosting providers, software developers, support products and CRM tools.

3 Privacy
3.1 The company values your privacy and take all reasonable steps to keep your data secure.

3.2 In order for us to deliver an easy to use service the service may record certain user details such as but not limited to their name, email address, mobile number and username. The service will also record the IP address used by the user every time they access the service and details of the hardware device type used to access the service. None of the information collected will be shared with any third party other than our partners unless we are legally obliged to do so (such as law enforcement).

3.3 The customer must obtain permissions from each user that their details can be stored in this way. This does not apply to relatives of children who use the Capture for Parents service to connect to you and receive and share information. By connecting with you a relative will have given their consent. The customer can refuse or remove a link to a relative account at any time.

3.4 None of the data collected on the customer or users will be shared with any third party, other than those partners used to help deliver the service. For clarity we use partner software services to manage our inbound and outbound emails, social media, support services, phone systems, postal, financial, performance and product development. We may also add additional partners in the future to offer new services or replace existing partners. The customer grants us permission to do so and will ensure all users also give their consent.

3.5 We will retain data on users and customers for a maximum of 12 months after the contract ceases. For certain usage data integrated in our systems we will obfuscate personal data so that the customer or user is not identifiable.

3.6 All content created by a customer or their users is owned by the customer and as such the company will not share or use any images, videos, reports or samples of reports for any marketing or promotional matters without the permission of the customer.

3.7 All content is sent by a secure encrypted connection from the user’s device to the service and stored in a secure ISO27001 certified data storage in the United Kingdom and Ireland.

3.8 The customer agrees to maintain and manage the system in accordance with the data protection laws relevant to both their country of operation and the United Kingdom and EU.

3.9 When the customer or one of its users shares content with another party using an established link such as authorising a relative to connect to a child account, then once the content has been shared that other party will hold a copy of that content. The customer will not be able to retrieve or delete that content directly. The other party will have the right to hold that copy within their system until they choose to delete that copy or are required to delete it by law. The customer gives permission to the other party to reproduce the content for their own use but not to distribute or share the content with others without prior consent from the customer.

4 Safety and Security

4.1 The company take the safety of our customers and their users and the data we store seriously. It is the responsibility of the customer to ensure that good data security practice is followed when using our system. Passwords should follow good practice and not shared amongst users. In the event that a user feels their account has been used without their authorisation they must inform the customer immediately. The customer must take immediate action to block the users account and inform the company without any delay.

4.2 The service uses data storage based in the United Kingdom and Ireland that has achieved the ISO27001 certification.

4.3 The customer must only access the service through the supplied interface and should not attempt to use any other methods to interface or access the service. Such actions are classed as a breach of contract and may also incur legal action if damage to the system or unauthorised access is attempted.

4.4 It is the responsibility of the customer to ensure that all users protect their username and password combinations.

4.5 If the customer feels that a user’s account may have been breached by unauthorised access then they must inform the company within the same business day and block user access.

4.6 There are no restrictions on the number of user accounts created by the customer or who those users should be. User policy is the responsibility of the customer.

4.7 The customer is welcome to come and visit our offices with prior agreement. This is to ensure that we are able to accommodate you and that we can comply with health and safety regulations. We may charge for our costs incurred during your visit.

5 Contracts

5.1 The service is sold in monthly, annual or multi-year contracts

5.2 Cancellation Policy

5.2.1 The customer must fulfil their full contracted length.

5.2.2 The customer is free to extract all observation data and reports from the service until the termination date.

5.2.3 All data will be held within the software for a maximum of 1 year from termination of contract. All content shared with other individuals or organisations will be held until they terminate their contracts or delete that content.

5.2.4 Users will not have access to the service once the termination date has passed except in exceptional circumstances.

5.3 Any offers made at the time of purchase will carry additional terms and conditions.

6 Price and Payments

6.1 Pricing for the service is given at the time of subscription.

6.2 Customers are required to pay within the terms agreed. Failure to pay will result in limitation or a complete block on the service until payment has been received.

6.3 The company will use 3rd party collection agencies to collect outstanding monies.

6.4 If a customer wishes to upgrade their service during a contract period by increasing the number of children or functionality then they will pay the pro-rata difference for the remainder of their contract.

6.5 A customer can reduce the number of children or the functionality of their service but in doing so they will not receive a refund.

7 System Performance

7.1 The company prides itself on offering a great service. If the service is unavailable due to faults in the service itself the customer will be entitled to claim an extension on their service equal to twice the length of time the service is unavailable for. Unavailability must be due to system faults and not external services such as broadband or wifi access. A minimum of 4 working hours of unavailable access must occur before entitlement to extension.

7.1.1 The customer must inform the company on the same business day for any lack of service availability for the company to be able to apply these conditions. The period of unavailability will start at the point the company has been informed.

7.2 The company is not liable for performance issues related to the customers network, devices or broadband access.

8 Intellectual Property and Copyright

8.1 All Intellectual property of the service is held by the company. The customer should under no circumstances attempt to reverse engineer the service or provide access to the service to any third party for such purposes

8.2 All content created by users is the copyright of the customer. All content that is shared by a user with another organisation or individual contains permission by the customer to use such content for the purposes agreed only. As an example, sharing content with an individual such as a parent will give the parent permission to hold a copy, view, print and other similar activities for their personal use. Without additional permissions it does not grant permission for the parent to reproduce for the purposes of sharing on social media or in public or for any financial gain.

8.3 All content that is shared with the customer from another organisation or individual will carry with it permission for the customer to use the content for the purposes of evidencing and tracking the development of a child or children within the system. The content carries permission to print, view and edit the content but without additional permissions it does not grant permission to use the content for marketing, or reproduction on social media or other public systems.

8.4 All other content including layout and design is the copyright of the company and can only be used by the customer with the companies’ permission.

9 Liabilities

9.1 When permitted by law, the company and its affiliates, officers, agents and employees will not be responsible for loss of profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages.

9.2 To the extent permitted by law, the total liability of the company and its affiliates, officers, agents and employees for any claims under these terms, including for any implied warranties, is limited to the amount that the customer paid the company to use the service.

9.3 In all cases, the company and its affiliates, officers, agents, and employees will not be liable for any loss or damage that is not reasonably foreseeable.

9.4 If the company is found liable for compensation or damages but then in the future it is found that the customer was liable, the company reserves the right to claim back the compensation or damages paid out plus costs from the customer, even if they are no longer under contract with the company.

10 Termination

10.1 The customer is entitled to cancel their contract for the service at any time.

10.1.1 Cancellation must be given with at least 1 months’ notice

10.1.2 The customer will be liable to pay the entire cost for the contracted period.

10.1.3 At the date the contract ceases the customer will no longer be entitled to add additional content or create additional reports. The customer will be entitled to access existing saved reports for 2 months from the date the contract ceases. This is only valid if the customer has paid all monies due to the company.

10.1.4 If required customers can request access after the 2 month period and it will be at the discretion of the company to agree.

11 Disputes

11.1 This Agreement shall be governed by and construed in accordance with the laws of England and any disputes in relation to this Agreement shall be heard by the English courts.

11.2 If any part of this Agreement is found by a court to be invalid or unenforceable, the enforceable sections of this Agreement will remain binding upon the parties.

11.3 Our authority for data protection is the UK Information Commissioner’s Office https://ico.org.uk

12 Amendments

12.1 The company reserve the right to make amendments to this agreement.

12.2 The customer will be prompted to accept new terms within the system. The company will also inform the customer of changes by email.

Capture Education
505 Cotton Exchange
Bixteth Street
L3 9JR

+44 (0) 151 433 2905

© 2018 iCapture Ltd, t/a Capture Education.
Registered in England, Company number: 10923840