Conditions of contract for provision of Popipatrull service

  1. General provisions

    1. Popipatrull is the service that allows a user registered on www.ekool.eu (hereinafter – the User) of eKool AS (hereinafter – eKool) to receive the information agreed with eKool on his/her mobile phone in form of short messages (hereinafter – the Service).

    2. eKool shall provide the Service upon the conditions of this contract (hereinafter – the Contract) using the phone number that the User who has joined the Service (hereinafter – the Customer) provides in the registration form for joining the Service (hereinafter – the Phone number related to the Service). The Customer has the right to change the Phone number related to the Service upon prior approval of eKool.

  2. Liability and Safety

    1. The Customer ensures that users of mobile phone numbers signed up for the Service will have the right to obtain information that is the object of the Service and that all relevant parties have authorised this, including authorised the processing of personal data.

    2. eKool is not liable for the lawfulness of the data transmission, which constitutes the object of the Service.

    3. eKool has the right to terminate the provision of the Service and the transmission of the information constituting the object of the Service without prior notification in case eKool has reason to believe that the transmission of the information constituting the object of the Service to any mobile phone number related to the Service is not lawful.

    4. The Customer agrees that eKool provides the Service through third parties (for instance, mobile operators). eKool is not liable for any restrictions imposed on the provision of the Service by the Customer’s mobile operator.

    5. eKool while providing the Service only acts as an intermediary and is not liable for the accuracy, relevance or integrity of the information transmitted in the course of Service provision.

    6. eKool is only liable for direct material damage resulting from failure to fulfil one’s obligations in case eKool has infringed on the Service provision conditions. eKool is not liable in the case whereby the failure to fulfil its obligations is due to an external factor out of the control of eKool (i.e. software failure of the mobile operator).

    7. eKool has the right to choose Customers to whom it provides the Service.

    8. eKool shall separately process and store the Customer’s phone number that comes to possession of eKool in the course of providing the Service.

    9. Persons under 18 years of age who wish to order the Service must have prior consent of their parent or guardian.

    10. The Customer only has the right to use the Service with regard to information designated by school administrator.

    11. eKool only transmits agreed information on the person in the role of Student (hereinafter – Student) to whose information the Customer has been granted access to by the Student’s school.

  3. Service Fees

    1. eKool has the right to deduct all service fees applied according to eKool pricelist from periodical payments with regard to the Customer’s Phone number related to the Service.

    2. Any communication fees related to provision of the Service are paid by the Customer to the communication service provider.

    3. Bills for use of the Service are issued to the Customer by the mobile operator of the Phone number related to the Service.

    4. Payment period for the Service, any fines for delayed payment and the method of debt collecting are determined for the Customer by the mobile operator according to its established procedures.

    5. The Customer is informed of the periodical payment obligation incurring from the subscription to the Service. The Customer is informed of the amount of the Service fee and commits to paying for the Service in accordance with these conditions.

    6. eKool has the right to terminate provision of the Service in the case whereby the billable amount of all paid services subscribed to by the Customer in a calendar month exceeds 50 euros (plus VAT). In the case where billable services exceed 50 euros (plus VAT) per calendar month, the Customer has the right to request a bespoke agreement with eKool whereby he or she will be billed directly by eKool for the Service.

    7. The Service is paid for according to the Service pricelist published on eKool’s website. The payment is added to the monthly bill for the Phone number related to the Service or is automatically deducted from the conversation time card related to provision of the Service.

    8. No prepaid fees are refunded in case of cancellation of the Service.

  4. Changes to the Contract

    1. eKool has the right to unilaterally change the Contract (including the Service pricelist) having provided information about the changes on eKool website at least in one month in advance.

  5. Commencement of the Service

    1. In order to receive the Service the User shall fill in the Service registration forms on eKool’s website.

    2. Where the person wishing to use the Service (hereinafter – the Applicant) does not yet have a status of a User, such Applicant shall register as a User before using the Service.

    3. The Applicant shall choose the name of the student to be monitored upon subscribing for the Service. The maximum number of monitored persons per single user account is 4 (four).

    4. After filling in the registration form the confirmation code is sent to the Applicant’s phone number, indicated in the registration form.

    5. Upon entry of the confirmation code in the respective field of the registration form the Applicant activates ordering of the Service. Confirmation code is not acquired to be inserted upon activating Service to monitor next student.

  1. Agreed Information

    1. The content of the Service is informing the Customer about the first case of failed attendance of the Student during the school day and about failed amount of attendances of the Student for the week.

    2. Short messages with regard to the monitored students are sent out on working days from 8:00 to 19:00.

    3. eKool shall send to the Customer the maximum of 26 messages per month.

  1. Cancellation and Termination of the Service

    1. The Customer has the right to terminate the Contract at any time.

    2. In order to terminate the Service or to cancel the Service with regard to a single monitored student, the Customer shall fill in the Service termination application according to the instructions available on eKool’s website.

    3. eKool has the right to terminate the contract by notifying the Customer at least one calendar month in advance, with the exception of the case described in point 7.4 of the contract, giving eKool the right to terminate the provision of the Service without prior notification.

    4. eKool has the right to terminate the contract without prior notification on compelling reasons. A compelling reason is infringement of the contract provisions pertaining to the right of representation of the student, reasons mentioned in point 7.5 of the contract and other circumstances that give reason to believe that the Customer will fail to fulfil the conditions of the contract in the future.

    5. eKool has the right to unilaterally and without informing the Customer in advance terminate provision of the Service or refuse to start providing the Service to the Customer, where such Customer have no funds to pay for the Service (according to his/her financial standing, balance of the conversation card of the Phone number related to the Service or conditions of the Customer’s contract with mobile operator), where access to the Service is restricted according to choices made by the Customer, or where the school has limited the Customer’s access to information of the monitored student.

  2. Term of the Contract

    1. The Contract comes into force at the moment of activation of the Service by the User on eKool’s website.

    2. The Contract is concluded for indefinite period of time.