EveryBuddy Terms and Conditions
These Terms apply to the services provided by EveryBuddy Limited (EB), a Limited Company registered in England and Wales under Registration Number 08409787 and to this website, SchoolsBuddy.net (and any subdomains), the SchoolsBuddy iOS app, the SchoolsBuddy android app, and white labelled apps for iOS or Android, SchoolsBuddy Asia (iOS and Android), ClubsBuddy.net and any subdomains and relevant apps, CommsBuddy.net and any subdomains and relevant apps.
The services and websites provided by EB are subject to the following:
- Use of Website – Your use of this website, associated websites or services and any dispute arising out of such use is subject to the laws of England and Wales.
This website, associated websites and services provided by EB are made available for public viewing on the basis that EB excludes to the fullest extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of this website, associated websites and services or reliance upon the content provided by EB or provided by you or by a third party. EB does not exclude EB’s liability (if any) to you for personal injury or death resulting from EB’s negligence, for fraud or for any matter which it would be illegal to exclude or to attempt to exclude. People whose contact details are included on this website or associated websites (as mentioned above) are either employees of EB or an associated undertaking.
- Discontinuation/variation of website – EB reserves the right to discontinue or vary any aspect of any website or service at any time.
- Child Protection – EB supports and expects all users of its websites and services to adhere to applicable child safety and protection guidelines.
- Term of the agreement – Any agreement for services (other than training services) entered into pursuant to these Terms will be for 12 months from the service commencement date agreed between us (Service Commencement Date) and it will automatically renew for successive periods of 12 months unless cancelled in accordance with these Terms.
- EB’s Intellectual Property – All intellectual property rights (including without limitation copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights, chip topography rights) in the services, system, code, software, underlying infrastructure and configuration provided by EB under these Terms are the sole property of EB (or its licensors). EB grants you a non-exclusive, revocable licence of its intellectual property rights to the extent necessary to your use of EB’s services under these Terms. Reproduction of all or part of this website is prohibited other than in accordance with the Full Copyright Notice below.
- Customer’s Intellectual Property – You grant us a licence of your branding and logos to the extent necessary to our provision of services under these Terms and as otherwise contemplated by these Terms and they remain the property of you (or your licensor).
- Copyright– you agree not to submit to EB or to include on any website any material, such as designs, artwork, video, photographs or other media that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you have acquired the permission of the rightful owner.
- Data on Termination – On termination of these Terms, we will be able to provide you with names and e-mail addresses on our site at the date of termination. Upon your request (to be made within 30 days of termination), we will provide a copy of such data to you in excel file format.Thereafter data may be deleted 6 months after your contract expiry or later, based on your governing country’s minimum legal requirements.
- Use of Logos– As well as displaying your logo(s) on the website, we may use our EB Dog image with a link to the home page of EveryBuddy.com. This image and link is integral to EB’s system and will not be removed.
- Footer Text and Links –The following text appears in the footer of every website, whether it has been customized or not: “Website powered by SchoolsBuddy”, “Website powered by ClubsBuddy”, or “Website powered by CommsBuddy” depending upon the service being used. This text and links to our support and privacy policies, ‘About Us’ and terms are integral to EB’s system and will not be removed. Footer text will be styled appropriately for you using EB’s website customization service.
- No Advice Given – This website and associated websites contain general information and do not constitute advice on any sporting or other matter. Whilst EB makes every effort to ensure that the content is accurate and up-to-date, nothing should be construed as advice. By using this website, associated websites and/or services you confirm that you have not treated any content as advice.
- EveryBuddy payments – Payments are processed and collected by a third party (or third parties). EveryBuddy accepts no liability on behalf of these third parties. Any payment processing errors including, but not limited to, fraudulent activity are the responsibility of the third party(ies). Please let us know if you would like a copy of their terms and conditions.
- Domain Name Registration – If required EB registers custom domain names on your behalf . If you wish to create a sub-domain from an existing domain, EB will provide the necessary instructions.
- Training –EB will provide such training in relation to your website and our services as is agreed between us in writing (including price, location and timings). We will invoice you in advance and payment must be made within 14 days of date of invoice (or before provision of the training if sooner). If training is cancelled by us or you give us at least 14 days’ notice of cancellation then a full refund of any payment for training will be made. If you give us at least 7 days’ notice of cancellation then we will repay 50% of the training fee. If training is booked 14 or fewer days before the training date then if you give us at least 72 hours’ notice of cancellation 75% of the training fee is payable by you (and where you have paid in full we will reimburse 25%).
- Invoicing and Payment Terms –Invoices for our services will normally be sent to your finance department for the attention of the individual requesting the work. In most cases our payment terms are “On Receipt” of our invoice.
- Invoicing and Annual Renewals– On automatic renewal in accordance with clause 4, we will send an invoice for the current annual licence fee to you, payable on receipt. If you would like to change the month in which you are invoiced then please contact us.
- Non-Payment–If any invoice is not paid within 28 days of you receiving it then we are entitled to take some or all of the following steps: 1. Suspend your licence. 2. Disable the CMS and all user accounts. 3. Freeze your website(s)and all content and data so that it is not accessible. 4. Charge you interest at the rate of 8% over the base rate of Barclays Bank Plc. 5. Terminate the agreement between us.
- Cancellations– only an authorised representative of you may cancel these Terms on giving 28 days’ written notice to us, such notice taking effect on an anniversary of the Service Commencement Date. All sums outstanding at the date of cancellation will remain due and payable. If cancelling by email then send to [email protected] Cancellation by telephone will not be accepted.
- Domain Name Cancellations– only an authorised representative of you may instruct us to cancel a domain name registration on giving 28 days’ written notice to us.
- Testimonial– you agree:
- to allow your name and badge to be displayed on our website
- to provide on request at least one quotation/testimonial to be displayed on our website
- to allow us to mention you as a customer in our marketing material.
- Parental Permission – it is your responsibility to obtain the appropriate parental permissions and any necessary copyright permissions (including, without limitation, from any photographer) to display images and personal information (including, without limitation, names and photographs of pupils) on our portals and websites.
- Third party infringement – if notified that any content on its websites infringes third party intellectual property rights then EB will take such steps at its discretion as it considers appropriate, including removing content without giving prior notice to you.
- Illegal material/inappropriate usage – EB will take such steps at its discretion as it considers appropriate in relation to illegal or inappropriate content or inappropriate usage of any portal, including removing content without giving prior notice to you and/or terminating these Terms.
- Accuracy of data – it is your responsibility to ensure that all data entered on our portals and websites is complete and accurate (and to ensure that any errors are rectified by you as soon as practicable).
- Endorsement – EB gives no endorsement of content on its websites.
- Links to other websites – From time to time this website and associated websites may include links to other websites. These links might provide additional information for you but are not intended to signify that EB endorses such websites and/or content. EB has no responsibility for the content of third party linked websites. It is your responsibility to check the terms and conditions of any other websites you may visit.
- Links to your website – Subject to these Terms, you may create links to EB’s websites from your website(s).