Terms & Conditions
If you are using our applications it is understood that you have agreed to the terms and conditions set forth on this page.
Our Billing Procedure
You will be billed once a quarter for all active users of our applications at a fee dependent on your usage per quarter (March, June, September and December).
We will bill you during the 3rd month of each quarter for the full quarterly subscription fee.
You will be billed retrospectively for each quarter with your first invoiced quarter billed on a pro-rata
basis dependent on the number of completed months of usage.
Canceling Your Service
You may cancel your service at any time by contacting Education Management Solutions in writing or in electronic form.
You will then be billed for any full months of usage since your last invoice. In this situation it is
up to each individual school to inform their staff of the decision to stop using our services.
Each staff member will then be responsible for saving their data in an appropriate format for future use
(e.g. digital reports in pdf or excel format).
Education Management Solutions and Gieman IT Solutions will not be responsible for extracting,
storing or reporting of school data.
Your access to our services will remain enabled until the end of the cancellation invoice period.
After this time it will no longer be possible to use our services and all school data will
remain archived until the next purging cycle. It may be possible to extract school data from canceled
services for a short period of time but this will incur a processing fee and can not be relied upon due
to the purging cycle.
Our Refund Policy
If you are not 100% happy with any of our applications you can cancel your service at no fee costs within the first 6 weeks of usage
as outlined in the previous section. There will be no refund for setup and training costs.
Our Intellectual Property
Our applications remain the property of Education Management Solutions at all times.
The coding, programming and intellectual property that created our applications is copyright
and must not be reproduced in any form, including, but not restricted to, for demonstration purposes,
without the permission of Education Management Solutions. Customers do not own our applications,
nor do they have any intellectual rights to our applications as a result of using them.
Our applications are provided as a fee paying service.
Content Restrictions
Our applications, as a data management tool, stores information, including all types of files,
in a digital format that is accessible to authenticated users of our applications.
EMS can not be held responsible for content uploaded by authenticated users of our applications,
nor can EMS be held responsible for invalid access to staff accounts (for example,
due to weak passwords or password sharing). Our applications must not be used to disseminate,
communicate, store or transmit content that is:
- defamatory or harassing
- relates to illegal business operations or schemes
- deliberately misleading, incomplete or deceptive
- sexually-explicit in nature
- contains viruses, worms or malicious content
- copyright infringing data or trade secrets
- infringing on any intellectual property
- deemed in any way inappropriate by Education Management Solutions
- If we believe, for any reason, that our applications are not being used in a manner expected
of an Education Management Solutions customer then we reserve the right to terminate
your access effective immediately.
Your Privacy
Your privacy is important to us and we will never sell, lease or distribute
client details to any 3rd party. We will only reveal data pertaining to your
account if compelled to do so by law. Education Management Solutions reserves
the right to view staff content as necessary for support services, but access
to information stored electronically is restricted to EMS or Gieman IT Solutions
staff whose job purpose requires access. All EMS and Gieman IT Solutions staff
are contractually required to safeguard your information.
How We Use Your Information
EMS uses your application email address and contact details to operate our business
and to help us improve your experience. We may, for example,
contact you by email or phone to tell you about the products and services
that are available to you (for example, training sessions) or to inform you of new products.
Online Accessibility
We make significant efforts to ensure that our applications and all of our services are
online 24x7 every day of the year. However, this will not always be the case.
There are times when our applications will be down, sometimes for things that we can't control
(for example, network outages) and others that we can (for example, new releases,
updates and system maintenance). When our application services are offline we will do our
best to get them online as soon as possible. We will not be held responsible for damage,
events or losses directly or indirectly related to our services being offline.
Although we endeavour to provide at least 99.9% uptime for our applications,
if for any reason we do not reach this target during any quarter, we will not offer compensation.
Liability and Data Loss
We believe that our system is highly secure from the actions of hackers,
viruses and other problems on the internet but can make no guarantees.
It is up to individual application users to ensure backups of files uploaded into
our applications and to ensure regular digital backups of reports and work. We will not be
held liable for any action or inaction relating to our service.
Jurisdiction
This website is governed by the laws of the state of Victoria, Australia.
Any dispute arising from the use of this website will be settled in this jurisdiction.
