Terms and Conditions of Providing Service for Schools

Terms and Conditions of Service
1. These terms and conditions of service (hereinafter: the terms of service) are applied to the contract for services in force between eKool AS (hereinafter: the service provider) and an educational institution that has joined the study information system of eKool located at the web site https://www.ekool.eu. The study information system is hereinafter referred to as the eKool, the educational institution as the school, the contract for services as the contract and the service provider and the school separately as a party and jointly as the parties. The school is allowed to use the eKool (hereinafter: the service) on the terms and conditions set forth in the contract. The terms of service with the price list of eKool AS, the contract for data processing and the eKool terms of use constitute an integral part of the contract.
2. With regard to the personal data processed in relation to the use of the service, the school shall be the controller and the service provider the processor. The processing of personal data related to the use of the service is regulated by the contract for data processing and the eKool terms of use, which constitute an integral part of the contract and are available on the web site of the service provider.
3. The service provider shall provide the service 24 hours a day, seven days a week, except during the time notified by the service provider in advance (hereinafter: the planned maintenance). The service provider shall ensure the availability of the eKool to the extent of at least 97 percent of the time referenced in the previous sentence, excluding the time of the planned maintenance referenced in section 1.4 and the allowed outage in total is 3 per cent. The service provider shall not be held liable for the functioning of the data communication between the provider of the data communication service and the user.
4. The maintenance related to the provision of the service is generally performed between midnight and 6 a.m. or at any other time that does not interfere with the use of the eKool. The service provider shall notify the school of any planned maintenance interfering with the use of the eKool at least 24 hours in advance, noting the time the maintenance will be started and presumably completed.
5. The school confirms that they are aware of the exact functionality of the service and accept it as such. The service provider shall have the right to unilaterally amend and supplement the content of the service, provided that the function of the journal is preserved in the service. The person designated and authorised by the school (hereinafter: the administrator) shall be notified of the amendments or supplements made to the content of the service.
6. The service provider shall make every effort to achieve available, secure and technically flawless service content.
7. If there are errors in the software required to provide the service (hereinafter: the system) or in any data or information entered in the system in relation to the school, incl. personal data (hereinafter: the data), the school shall immediately notify the service provider thereof via e-mail at help@kool.eu. The notification referenced above shall be sent by the administrator of the school who is responsible for managing the data of the school and allocating the user rights on behalf and under the responsibility of the school. The service provider shall forward the administrator a confirmation of the receipt of the error report and the information on the type and criticality of the error within the working day following the receipt of the notification at the latest.
8. The service provider shall ensure that a critical error interfering with the daily use of the eKool shall be repaired within four working days at the latest. The errors that are not critical are repaired by the service provider in the course of the planned maintenance.
9. The service provider may outsource the work and services necessary to provide the service from third parties, ensuring the confidentiality of the data and the protection of personal data in accordance with the contract for data processing.
Use of Service
1. To activate the service, the school shall submit a digital request to register the school in the eKool. The school shall be responsible for the accuracy of the submitted information and data.
2. All the users of the eKool are natural persons authorised to use the eKool (hereinafter: the users) and allocated access thereto upon their request (hereinafter: the user account) by the administrator. The administrator shall allocate specific rights to the users (hereinafter: the roles) for the use of the eKool and organise training for the users, if necessary.
3. The school shall be responsible for the allocation of the roles and the consequences thereof. Each role designated by the administrator is deemed to be correct and approved by the school.
4. The service provider shall not be held liable for the damage, incl. the damage incurred by any third parties, caused by the school and/or the user (e.g. if user names and passwords are handled recklessly or made available to unauthorised parties).
5. The school shall be responsible for keeping the data of the user accounts of the users they have designated confidential and protected from third parties. The school shall also be held liable for any damage caused upon the infringement of the above. For security reasons, it is advisable to log in to the eKool in a strongly authenticated way (by using an ID card, a mobile ID or other secure channel).
6. The school shall be held liable for the damage caused through the roles they have allocated, incl. if the data of the school or the eKool system have been corrupted or there has been an attempt to corrupt them.
7. The service provider shall have a unilateral right to terminate the provision of the service either temporarily or permanently without a prior notice thereof if the school (incl. a user with a role designated by the school) performs or attempts to perform any of the following operations:
  1. corrupts the data in or the system of the eKool;
  2. infringes the legislation in force;
  3. breaches the principles of good practice of online communication, e.g. forwards spam, a virus, etc.;
  4. overloads the eKool system to an unusual extent;
  5. causes other damage.
8. The party shall immediately notify the other party of a threat caused or to be caused to the security or stability of the service. In the case of such a threat, the service provider shall have the right to unilaterally amend the parameters agreed in the configuration of the eKool and the webhousing thereof without a prior notice. The service provider undertakes to inform the school of the extent and purpose of the amendments made at the earliest opportunity.
Data
1. The school shall be held liable for the data and the processing thereof in accordance with the legislation and good practices applicable in the Republic of Estonia.
2. The service provider shall ensure a daily backup of the data.
3. Upon the receipt of a respective request by the school, the service provider shall transmit to the school the data owned by the school whose deadline for erasure has not yet expired. The parties shall agree on the cost of the aforementioned operation on the basis of the volume of the work. In the event of a failure to agree on the price, the data shall be collected by the school to the extent of the reports contained in the service. The data carrier must contain data from the moment the service was activated by the school until the moment of their transfer. The data must be in a format which allows them to be read without the eKool system. Upon storing the data, the service provider shall be guided by the legislation in force in the Republic of Estonia.
4. The service provider undertakes to take reasonable measures to avoid illicit access to data by any third parties. The service provider also undertakes to ensure that the service is provided in a manner that enables only the data corresponding to the role designated to the user to be accessed by them via their user account.
5. Data shall be issued to third parties only in accordance with the legislation in force in the Republic of Estonia. The service provider shall have the right to issue summaries of the data to the operator of the school and the Ministry of Education and Research.
6. The service provider shall have the right to store the data in accordance with the legislation in force, the contract for data processing and the eKool terms of use.
Settlements
1. The school shall pay the service provider remuneration for the provision of the service (hereinafter: the fee) once a month pursuant to the contract concluded by the parties.
2. The service provider shall have the right to authorise a third party to invoice the school for the use of the service. The service provider shall notify the school of the authorisation of a third party in advance.
3. Upon an infringement of section 1.3, the school shall have the right to request the reduction of the fee for the time they could not use the eKool due to a fault of the service provider. The fee shall be reduced pursuant to the logic of the following example.
  Considering that in the reference period, the time agreed for the provision of the service set forth in the first sentence of section 1.3 is 672 hours (i.e. 24 hours a day, seven days a week during the reference period of 30 days minus 48 hours for the planned maintenance), the availability of the eKool ensured on the basis of the second sentence of section 1.3 of the terms of service is 651.84 hours (97%) and the allowed outage 20.16 hours (3%). If the actual availability of the eKool during the reference period was 638.4 hours (95%) and the allowed outage in total 33.6 hours (5%), the invoice issued to the school for the respective reference period constitutes 60% (i.e. 20.16 : 33.6 x 100) of the normal invoice.
4. The school shall have the right to verify the accuracy and the compliance of the fee with section 1.3 of the terms of service. If the parties discover a lack of conformity of the invoice with the contract, the service provider shall make a settlement on the account of the invoice for the following month.
Licences
1. The service provider shall ensure the existence of any and all licences and permits necessary to provide the service. The licences and permits must comply with the Copyright Act and intellectual property protection legislation in force.
2. Upon entry into the contract, the service provider grants the school a non-exclusive school-based licence for a specified term allowing the use of the service within the limits of the provided functionalities. Third parties not related to the school (persons related to the school are the employees and pupils of the school as well as parents and legal representatives of pupils) may not be authorised to use the service.
Due Dates
1. The terms of service are valid as of the conclusion of the contract.
2. The parties shall have the right to cancel the contract unilaterally, notifying the other party thereof at least 6 months in advance.
3. If the service provider does not ensure the availability of the eKool in accordance with the terms and conditions set forth in section 1.3 of the terms of service three times in a row due to reasons attributable to them, the school shall have the right to cancel the contract unilaterally and without penalty. The service provider must be notified thereof 14 days in advance.
4. The service provider shall have the right to suspend the access to the eKool of all the users authorised by the school and/or unilaterally terminate the contract without observing a period of notice, but notifying the school thereof in writing in advance, if:
  1. the school does not cooperate sufficiently with the service provider upon an infringement of the terms and conditions of the contract by the school or a user authorised by them and/or causing the service provider damage in another manner or not assisting the service provider in preventing or suspending such damage;
  2. the school does not comply with their financial obligations set forth in chapter 4 of the terms of service to the service provider in due time three times in a row or delays the payment of any obligation over 45 days despite repeated reminders from the service provider.
Force Majeure
1. Non-performance of the contract is excused in the cases provided for in § 103 of the Law of Obligations Act (hereinafter: force majeure).
2. Upon the occurrence of force majeure, the deadlines set forth in the contract shall be extended by the period of duration of the impediment caused by force majeure which prevented the provision or use of the service or the performance of the contract in other ways.
General Provisions
1. Depending on the context, the definitions referenced in the contract in the singular include the plural and vice versa.
2. The headings and numbering are used only for ease of comprehension and shall have no independent meaning.
3. The service provider shall have the right to unilaterally amend the terms of service, the price list, the contract for data processing and/or the eKool terms of use. The service provider shall give an at least 30 days' notice thereof and publish the new terms at the web site https://www.ekool.eu/terms/terms_en.html. If the user or the school uses the service following the amendment of the terms, they are deemed to have been approved the new terms.
4. The parties shall have the right to transfer their rights and obligations arising from the contract in part or in full to third parties if the other party has previously consented thereto or in accordance with the contract for data processing.
5. This contract is governed by the legislation of the Republic of Estonia.
6. Any disputes arising from the performance of the contract shall be resolved by way of negotiations. If no amicable agreement is reached, the dispute will be settled in the Harju County Court.