Who this agreement is between
These terms are an agreement between Impact on Education ("we") and the school or trust that has ordered Impact ("you"). They start on the date in your order.
- Company: legal name, company number and registered office to follow
- Write to us about this agreement at contract address to follow.
Parents, carers, pupils and staff use Impact because their school has given them access. They have no contract with us and we charge them nothing. If they have a problem, their school is the place to ask first.
What you get
Your order says which parts of Impact your schools have, how many schools are included and for how long. We provide them with reasonable care and skill.
We improve Impact all the time, so screens and features will change. We will not take away something important that you are paying for during your contract without agreeing it with you first.
Your people
You decide who has access and what each person can do, and you take them off when they leave. You are responsible for how your people use Impact and for making sure they keep their sign-ins to themselves.
You agree that you and your people will not:
- break the law or harm anyone through the service;
- try to get at information you have no right to see;
- attack, overload or try to get around the security of the service;
- copy the service, or resell it to anyone else.
If someone's use puts the service or other people at risk, we may suspend that person's access straight away and will tell you why. We will only suspend your whole organisation if there is no smaller way to stop the risk.
Your information
What you put in Impact stays yours. You are the data controller for the information about your pupils, their parents and carers, and your staff, and we are your processor. Our data processing agreement with you sets out how we look after it, and if it ever disagrees with these terms about personal information, it wins.
We use your information only to run the service for you. We never sell it, never use it for advertising, and never use it for our own purposes, such as training AI. Our privacy page covers the small amount of information we hold for ourselves.
We keep the rights in Impact itself, and you may use it for as long as this agreement lasts. If you send us an idea for improving it, we may use the idea without paying you.
The assistant and other smart features
Your order says whether your schools have these features. They are written by AI, and AI can be wrong. In the assistant, only a figure marked "From your school's data" comes straight from your records. Its other words, including what it works out, suggests or advises, can contain mistakes.
Check anything that matters before you act on it. A person at your school makes every decision about a child, and is responsible for it. The assistant does not give legal, medical or safeguarding advice, and it does not replace your school's own procedures.
Keeping it running, and getting help
We aim to keep Impact available proposed: 99.5% of the time each month; to confirm, not counting maintenance we have told you about. We do that work outside the school day whenever we can. Our status page, status.impacton.education, says when we already know about a problem.
Getting help says who to ask, when we answer and how quickly we aim to reply. These are what we aim for, not promises in this agreement.
Paying
Your order sets the fees. We invoice proposed: yearly in advance; to confirm, and you pay within proposed: 30 days; to confirm. Fees do not include VAT.
We will tell you about a change to the fees at least proposed: 90 days; to confirm before your next contract period begins, so you can decide before you commit. If an invoice we have not disputed stays unpaid, we will write to you before we do anything, and will suspend access only as a last resort.
How long this lasts, and ending it
This agreement lasts for the period in your order. It then renews for proposed: another year; to confirm unless either of us gives notice at least proposed: 60 days; to confirm before the end. We will remind you before that date.
Either of us can end this agreement straight away if the other seriously breaks it and does not put that right within 30 days of being asked, or becomes insolvent. If you end it for that reason, we refund what you have paid for the time left.
When it ends
Schools have to keep pupils' records long after they stop using a system, so you can take all your information with you in an open format. You have proposed: 90 days after the end; to confirm to do it, and we will help. We then delete it from the service, and it is gone from our backups 35 days later.
If something goes wrong
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not let us limit.
Apart from that, neither of us is liable to the other for loss that could not reasonably have been foreseen, or for lost profit. Each of us limits what we can owe the other under this agreement in any contract year to proposed: the greater of the fees for that year and a fixed sum; both to confirm with our insurer and lawyer. Our data processing agreement says whether a different limit applies to personal information.
Neither of us is liable for a delay caused by something outside our reasonable control.
Changes to these terms
If we need to change these terms, we will tell you at least 30 days before. A change that makes things materially worse for you applies from your next contract period, not during the one you have paid for. The date at the top shows the latest version.
The legal bits
These terms, your order and our data processing agreement are the whole agreement between us. If they disagree, the data processing agreement comes first on personal information, then your order, then these terms.
Neither of us may pass this agreement to someone else without the other's agreement, though we may pass it to a company that takes over Impact, after telling you. Nobody else can enforce these terms.
If we disagree, we will first try to sort it out by talking. These terms are governed by proposed: the law of England and Wales, in its courts; to confirm.