Terms and Conditions

IMPORTANT NOTICE

This page sets out the terms and conditions upon which Schoolzine (“We”, “Our” and “Us”, “Healthzine” or “Sports Tracker”) will provide services to your School/College/Hospital/Clinic/Organisation (“School/College/Hospital/Clinic/Organisation”, “You” and “Your”).

Our services and products are subject to the following terms and conditions.

DEFINITIONS

In Our Agreement, the following words and phrases have the following meanings:

We, Our and Us means the company Schoolzine Pty Ltd (Australia), Schoolzine Limited (New Zealand).
Account Owner, You and Your means Your School/College/ Hospital/Clinic/Organisation
Parties means the company Schoolzine and Your School/College/Hospital/Clinic/Organisation
Newsletter means the E-Newsletter and Hardcopy Newsletter
Advertising/Advertisements/Ads mean the advertisements that may be placed in Your School/College/Organisation Newsletter upon Your approval (Australia and New Zealand only)
Services refers to Our products, Support, Training and development services provided to You.
Subscriptions/Package is a product or service provided by Us to You for an agreed period.
Sponsored Package is an eNewsletter package that contains advertising sourced by Schoolzine (Australia and New Zealand only)
Platinum Package is an eNewsletter package that does not contain advertising sourced by Schoolzine but may contain advertising sourced by You (Australia and New Zealand only)
SZapp Schoolzine’s IOS and Android mobile app
Free Advertising/Advertisements/Ads are advertisements that have not been paid for (Australia and New Zealand only)
Sponsors means the companies/businesses that have paid Schoolzine to advertise in Your School/College/Organisation Newsletter (Australia and New Zealand only)
Agreement Duration means the duration of this agreement
SMS Send Costs means the cost associated with distributing SMS Text Message to your School/College/Hospital/Clinic/Organisation subscription database.
Support is defined as assistance when A staff member is unsure of how a process or feature works, A new staff member requires training or A task cannot be completed due to the platform not working as it should
Maintenance is defined as work carried out by Schoolzine which is deemed out of scope of the product or package chosen. This is where an Account Owner requests Schoolzine to perform updates to their account and does not wish to receive support or training on how to do it themselves Charged at $88 per hour billed in 15 minute increments, this is at the discretion of Schoolzine and often waived.
System User and User Account refers to an authorised person who has been granted access to Schoolzine services.
Enterprise WordPress Site refers to a specialised wordpress site hosted on Schoolzine enterprise grade servers and harened to meet appropriate security standards
Products includes but is not limited to: Schoolzine Newsletter, Schoolzine Websites, WordPress Websites (a.k.a JUMP Websites), Sports Tracker, Session Keeper, SPARKS reporting, custom development work

Agreement Duration

The duration of this contract will be specific to the Product/Package chosen.

Schoolzine Obligations

We will, during the period:

act in good faith in its dealings with You and with the degree of skill, care and diligence expected of a person providing services of a similar nature
provide, for the agreed set up fee to You, a Newsletter template design and account set up if applicable
provide platform access to enable you to produce a number of newsletters if applicable.
provide unlimited training and support required for your chosen products and services
when a sponsored package is selected, we will insert Advertising in Your Newsletter in exchange for revenue from Sponsors (Australia and New Zealand only)
include Advertising in Your Newsletter only in accordance with Your chosen Sponsorship Package and only where such Advertising is not offensive, illegal or otherwise inappropriate for the audience of intended Recipients (Australia and New Zealand only)
only engage Advertisers that are to the best of our knowledge, ethical and in alignment with any values which You disclose to Us (Australia and New Zealand only)
an Email fair use policy allows for a maximum number of 50,000 emails per month
website building, designing, development and hosting if applicable

Your Obligations

You will, during the period:

act in good faith in its dealings with Us
when an eNewsletter Sponsored Package is chosen, You agree to distribute the number of eNewsletter issues You have nominated in your chosen eNewsletter package and be commited to converting Your school community to the email delivery of your Newsletter
provide Newsletter and website content to Schoolzine by the required deadlines as determine by a Schoolzine project manager or support person
provide content that does not contravene Copyright laws and/or contain material of a defamatory nature
when an eNewsletter Sponsored Package is chosen, not place content of an advertising nature into your newsletter and refer all potential advertisers to Schoolzine (Australia and New Zealand only).

Service costs and payments

You will pay the agreed setup and Annual costs associated with your chosen product or service.
SMS Text Messaging is a pay-per-use service. Customers who enable this feature will pay per text message (including multi-part messages with over 142 characters). Contact Schoolzine for current text message costs or more information.
Additional eNewsletter issues will be charged at $149/newsletter.
We will invoice You 30 days prior to the commencement of a new 12 month contract and require payment within 14 days.

System User Accounts

User Accounts and passwords must only be used in accordance with these terms and conditions.

All users must access the system with their own user account. User Accounts must not be shared or transferred to another person.
All information you provide to Schoolzine when requesting a User Account, and when you access and use our Services, is and will remain complete and accurate.
You are responsible for the actions and activity of any person who accesses our Services using your User Account details, including the use of your Account by people you may not have authorised.
You must never share your User Account information with third parties or allow third parties to use your Account.
You are responsible for keeping your account secure. Please keep your password confidential and unique to Schoolzine.

Please notify Schoolzine immediately of any breach or unauthorized use of your Account by sending an e-mail to support@schoolzine.com.

Content Ownership & Responsibilities

You own the rights to all content you create and upload to the Schoolzine platform including all websites, newsletter or other products

You’re responsible for the content you post and assume all risks related to it, including reliance on its accuracy, or claims relating to intellectual property or other legal rights.

Advertising Revenue and Policy (Sponsored Package) (Australia and New Zealand only).

Schoolzine will retain revenue from the sale of Advertising within Your newsletters, in return for a lower subscription price
If you wish to include your own sourced advertising, you agree to upgrade to a Platinum Package. If Schoolzine deems this to have occurred, the higher subscription cost will apply. You also agree to retain existing Sponsors for the duration of contract sold to each advertiser by Schoolzine.

Privacy

Where We have access to Personal Information in order to fulfil its Obligations under the Agreement, We will:

ensure that Personal Information of The School/College/Organisation, students, parents, school community, members is protected against loss and against unauthorized access, use, modification or disclosure and against other misuse
not use Personal Information other than for the purposes of the Agreement, unless required or authorized by law
not disclose personal information without the written agreement of You or any other persons authorised in writing by You, unless required or authorised by law
ensure that only authorised personnel have access to personal information
immediately notify You if it becomes aware that a disclosure of personal information is, or may be required or authorized by law
ensure that every person who has access to personal information is made aware of Our obligations under this clause, is bound by an obligation not to disclose the personal information to any third party and only to use the personal information solely for the purposes of this Agreement; and
where applicable, do everything that You reasonably ask to enable or assist You to comply with its obligations under the Education Act (General Provisions) Act 2006, Information standard number 42 (Qld) (or any standard, policy or law that replaces this) and its Privacy Statement; and
comply with such other privacy and security measures You reasonably advise Us in writing from time to time.

Relationship

Nothing contained in this Agreement shall constitute the relationship of partnership or employer and employee between the Parties hereto and it is the express intention of the Parties that any such relationships are denied.

Variation

Any variation to this Agreement must be in writing and signed by both Parties to be effective.

No Assignment

Neither Party may transfer, assign or encumber that Party’s rights under this Agreement without the consent of the other. For the purposes of this clause, a change in the actual or effective control of a corporate Party is deemed to be an assignment.

Confidentiality

No Party may, without the consent of the other during or after the term of this Agreement, disclose to any person the terms or existence of this Agreement, or any information relating to the other Party’s business or affairs which becomes known to that Party during the course of this Agreement, (“Confidential Information”) except where disclosure is:-

reasonably necessary to enable the performance or enforcement of the obligations of the Party receiving the information (“Recipient”) under this Agreement; or
required by law: where a Recipient believes the Recipient will be required by law to disclose Confidential Information, the Recipient must (where reasonably practical and/or lawful) notify the Party which disclosed that Confidential Information in sufficient time to enable that Party to take action to prevent that disclosure being required; or
to the Recipient’s solicitors, accountants, bankers or other professional advisers under a duty of confidentiality; or
consented to by the other Party; or
where the information has entered the public domain (other than as the result of a breach by the Recipient of this clause).

Each Party must ensure that Party’s employees, contractors, agents and advisers safeguard Confidential Information against unauthorised use or disclosure in accordance with this clause.

Dispute Resolution

Good Faith

The Parties will use their reasonable endeavours acting in good faith to resolve any dispute arising in connection with this Agreement (“Dispute“) as soon as reasonably possible.

Reference to ADR

If the Parties cannot resolve a Dispute within a reasonable period, a Party may give notice to the other describing the Dispute and requiring its resolution under this clause, in which case:-

the Parties will refer the Dispute to mediation by a Queensland Law Society Incorporated (“QLS”) approved mediator who is:-

agreed to by the Parties, or
their agreement appointed by the President of the QLS (on the application of any Party), on the terms of the standard mediation agreement approved by the QLS; and any information obtained solely under that reference may not be used for any purpose other than settling the Dispute under this clause.

Termination

Subscriptions will automatically renew for a subsequent term of one year from the commencement date, automatically renewing at the end of each subsequent term unless 90 days prior notice is given. If 90 days prior notice is not given, a $690 (inc GST) service cancellation fee will apply.

Upon service cancellation your content will remain online for 3 months after your Subscription End Date, unless otherwise agreed. The account including all content will be permanently deleted. All Newsletters, documents, events and content will no longer be available to view or download.

If We:

breach any clause of the Agreement
suspend payment of our debts or are unable to pay Our debts
have execution levied on any of Our assets and the execution is not satisfied within 28 days
enter into an arrangement, reconstruction or compromise with its creditors or any of them
have a receiver appointed for all or any part of its assets; or
have an application order made or filed for its administration, voluntary or compulsory liquidation, winding up, dissolution or bankruptcy, then We will be in breach of the Agreement and You may give Us a notice to remedy the breach.

If within 14 days of receiving a notice under this clause, We do not remedy the breach You may immediately terminate the Agreement.

Queensland Schools

All schools in Queensland are subject to DETSOA-63239 Online Newsletters Terms and Conditions. (Queensland, Australia only).

ACCREDITED GITC SUPPLIER: Q-5145