Agreement for Services

Terms of the Service
1. This agreement for services (hereinafter the Agreement) shall be effective as concluded by eKool AS (hereinafter the Service Provider), the educational institution (hereinafter the School) that has joined eKool education information system at https://www.ekool.eu (hereinafter eKool) and a user of eKool related to the School (hereinafter the User) (separately referred to as a Party and jointly as the Parties). The object of the Agreement is provision of the opportunity of using eKool (hereinafter the Service) to the School and the User pursuant to the terms of the Agreement.
2. The Service Provider shall provide the Service 24 hours a day and 7 days a week except for the maintenance periods (hereinafter the Scheduled Maintenance) announced by the Service Provider in advance. The Service Provider confirms that the opportunity of using eKool shall be ensured for at least 97% of the time. The Service Provider shall not bear responsibility for functioning of data transmission between the School and the School’s data transmission service provider.
3. The Service Provider shall inform the School about a Scheduled Maintenance at least in 24 hours in advance whereas the beginning of the maintenance period and its estimated end shall be indicated. The Service provider can limit availability of eKool for a maximum of 2 times a month for 1 day at a time for maintenance and development operations or version updates, having informed the School about the above at least in 5 days in advance.
4. The Service Provider shall be entitled to make changes and additions to the content of the Service, provided that the Service retains the class register functionality.
5. The Service Provider shall do their best to make the content of the existing Service safe and manageable for the School as well as technically fault-free.
6. In case of faults in the software necessary for provision of the Service (hereinafter the System) or the School’s information entered in the System (hereinafter the Data), the person appointed and authorized by the School to administrate the data and the users of the School in the name of the School and under the responsibility of the School (hereinafter the Administrator) shall inform the Service Provider about the above by sending an email to eKool’s address help@ekool.eu. The Service Provider shall send the Administrator the confirmation of receiving the error message within one working day after receiving the error message at the latest, including the information about the nature of the fault and how critical it is.
7. The Service Provider shall ensure that critical faults preventing the normal functioning of the Service are eliminated within 4 working days. The Service Provider shall eliminate any non-critical faults during regular updates of the System.
8. The Service Provider can subcontract the works and services necessary for provision of the Service from third parties, provided that the confidentiality of the Data is ensured.
Use of the Service
1. The School shall activate the Service itself by submitting a digital application for the registration of the School in eKool using the website of eKool. The School shall bear responsibility for correctness of the provided information and data.
2. The Administrator shall authorize the Users to use the Service and on the basis of their applications shall provide the Users with access to the Service (hereinafter the Account). The Administrator assigns certain rights to Users in order for them to use the functionality of the Service (hereinafter the Roles) and where necessary organizes training for the Users.
3. The School shall bear responsibility for the distribution of the Roles. Any Role assigned by the Administrator to a third party shall be regarded as correct.
4. The Service Provider shall not bear responsibility for any damage, including any damage incurred by third parties, resulting from actions of the School and/or Users (e.g. as a result of careless handling of user names and passwords or making them available to third parties).
5. The users of eKool and the School shall bear responsibility for keeping their Account data in secret and protected from third parties, as well as for any damage incurred due to any violation of the above. For safety purposes, it is recommended to use ID-cards, Mobile ID or internet banks to log in eKool. It is possible to log in eKool using authentication services of SEB, Swedbank, Nordea and Krediidipank.
6. The School shall bear responsibility for any loss incurred due to the damage or attempts of damage to the School’s data and eKool system.
7. The Service Provider shall be entitled to unilaterally temporarily or permanently and without prior notification close any Account, where it has been used (or attempted to be used) to do any of the following:
  1. damage the Data or eKool system;
  2. violate current legal acts;
  3. violate the good practice of web communication (e.g. send spam, forward a virus etc.);
  4. create an abnormal load on eKool system;
  5. cause other damage.
8. The Parties shall immediately inform another Party about a threat to the safety or stability of the Service that has emerged or is emerging. In case of such a threat, the Service Provider shall be entitled to unilaterally modify the agreed parameters in the configuration of eKool and its hosting without informing the School in advance. The Service Provider shall use the earliest opportunity to inform the School about the extent and the practicability of the activities related to the changes introduced.
Data and Intellectual Property
1. The School shall bear responsibility for conformity of all the data and handling thereof according to valid legal acts of the Republic of Estonia and the established good practices.
2. The Service Provider shall ensure that the backup copy of the Data is made daily.
3. Where the School makes a respective request, the Service Provider shall, for a fee stated in the applicable price list https://www.ekool.eu/index_en.html#/?screenId=e.main.prices, provide the School with the data carrier containing the Data stored from the moment the School has joined eKool to the moment of exporting the Data in a format readable without eKool application. The storage of the Data shall be performed in conformity with valid laws and regulations of the Republic of Estonia.
4. The Service Provider shall implement all the available measures to avoid third parties accessing the Data. The Service Provider shall also ensure functioning of the Service, so that the Users can only use their Accounts to access the information in accordance with the Roles assigned to the Users.
5. The Service Provider shall not disclose the Data to third parties unless the disclosure conforms to valid legal acts of the Republic of Estonia. The Service Provider shall be entitled to disclose summarizing statements of the Data to the Ministry of Education and Research and Education Departments.
6. The Service Provider shall be entitled to save the Data.
7. Upon accepting this Agreement the User allows the Service Provider to use the email address associated with the User’s Account to send service-related and informative notifications. Users can unsubscribe from any non-critical notifications by clicking the respective link in the notification’s footer.
8. The Service Provider shall provide the School with the opportunity to archive its Data for the previous academic year at the time the School finds suitable. The Service Provider shall be entitled to archive the data without the School’s consent starting with the 4th month of the following academic year.
Settlements
1. The School shall pay a fee to the Service Provider for using the Service (hereinafter the Service Fee) once a month according to the valid price list of the Service Provider (available at https://www.ekool.eu/index_en.html#/?screenId=e.main.prices). The Service Provider shall inform the School in writing about future changes in the price list at least 30 days in advance.
2. The Service Provider shall be entitled to authorize a third party to issue invoices to the School for using the Service. The Service Provider shall inform the School in advance about authorizing the above third party.
3. In case of a violation of Section 1.2 the School shall be entitled to demand the Service Fee to be decreased proportionally to the period when the Service was not usable through the fault of the Service Provider. For example, if the accounting period equals to 672 hours (which constitutes 100% availability), the allowed availability constitutes 97% (with the Service unavailable for use for 20.16 hours) while the actual availability constituted 95% (with the Service unavailable for use for 33.6 hours), the invoice to be issued shall constitute 60% of a standard invoice (20.16/33.6).
4. The School has the right to control accuracy of the Service Fee and its compliance with provisions of Section 1.2. Where the Parties discover noncompliance of invoices with provisions of this Agreement, the Service Provider shall provide for offset in the next month’s invoice.
Licenses
1. The Service Provider shall ensure possession of all the licenses and permits necessary for provision of the Service pursuant to the valid legal acts regulating copyright and intellectual property protection.
2. With this Agreement, the Service Provider grants a non-exclusive fixed-term School-specific license to the School to authorize the Users to use the Service within the limits of its intended functionality. The School shall not be entitled to authorize third persons who are not related to the School (i.e. who are not the School employees, students, parents of the students or the legal guardians of the students) to use the Service.
Term of the Agreement
1. The Agreement comes into force after both the School and the User accept the Agreement. The Agreement is concluded without a fixed term.
2. The Parties shall be entitled to unilaterally terminate the Agreement at any time, informing the other Party thereof in writing at least in 6 months in advance.
3. Where the Service Provider has failed to ensure availability of eKool pursuant to provisions of Section 1.2 for three consecutive calendar months due to a fault of the Service Provider, the School shall be entitled to unilaterally terminate the Agreement without any subsequent sanctions imposed on the School, having informed the Service Provider about the above 14 days in advance.
4. The Service Provider shall be entitled to block access of all the School’s Users to eKool or to unilaterally terminate the Agreement without any subsequent sanctions and without observing the term of notice (but having informed the school of the above in advance) in the following cases:
  1. the School fails to ensure sufficient cooperation with the Service Provider, where the School or the User breaches provisions of this Agreement and/or inflicts damage to the Service Provider in any other manner and fails to avoid or prevent such damage;
  2. the School fails to fulfill its financial obligations before the Service Provider pursuant to provisions of Chapter 4 for three consecutive months or delays the payment once for a period longer than 45 days despite the Service Provider’s repeated reminders.
Force Majeure
1. Failure to perform the Agreement shall be regarded as excused in cases indicated in Art. 103 of the Law of Obligations Act (hereinafter Force Majeure).
2. In cases of Force Majeure, the terms indicated in the Agreement shall be extended for the period during which it was impossible to provide or use the Service due to Force Majeure circumstances.
General Provisions
1. By accepting this Agreement, the School and/or the User also accepts the price list, available at https://www.ekool.eu/index_en.html#/?screenId=e.main.prices and the Notification Policy (see, https://www.ekool.eu/terms/advertising_en.html).
2. Depending on the context, the notions provided in the Agreement in the singular may refer to the plural, and the notions provided in the plural may refer to the singular.
3. The titles and numeration in the Agreement have been used solely for the purpose of clarity, and shall not have any independent meaning.
4. The Service Provider can change conditions of this Agreement, including the price list and/or the Principles of Notification, making an announcement thereof at least in 30 days in advance and publishing the new conditions at https://www.ekool.eu/terms/terms_en.html. By using the Service after the conditions have been changed, the School provides its consent to the new revision.
5. The Parties shall be entitled to partially or fully transfer their rights and obligations under this Agreement to third parties only with the prior consent of the other Party.
6. Valid legal acts of the Republic of Estonia shall apply to the Agreement.
7. Any disputes related to the performance of the Agreement shall be settled in the course of negotiations. In case of a failure to reach an agreement, disputes shall be settled in Harju County Court.