IC Alert Terms and Conditions

Contract

When you complete the ordering process for IC Alert on this website ("this Site") a Contract will be formed between You and Us. This page sets out or refers to the terms and conditions of that Contract. So please read it carefully and contact Us if anything is unclear before You decide to order IC Alert.

The general SWGfl Terms and Conditions of sale ("the General Terms") set out on the attached link [insert link to  http://swgfl.org.uk/Footer/Legal-Information  ] apply to the purchase by You of IC Alert from Us save as varied by the specific terms and conditions set out below (the "IC Alert Terms").  Together they form the terms and conditions of the Contract that You are entering into and are collectively referred to as "these Terms".

In the event of any conflict or ambiguity  between the General Terms and these IC Alert Terms the latter shall prevail.

Please read especially the Limitation of Liability provisions at the foot of these specific IC Alert Terms as they override and are in substitution to Clause 11 of the General Terms .

You should print a copy of  these Terms or save them to your computer for future reference.

About Us

We are the South West Grid for Learning Trust ("SWGfL"), a charitable Trust Company registered in England under company number 5589479  having registered charity number 1120354. Our registered office is at SWGfL Head Office, Belvedere House, Woodwater Park, Pynes Hill, Exeter, EX2 5WS, United Kingdom.

What you are buying

IC Alert is a managed device service.  When You order and pay for IC Alert from Us you are acquiring:

  • A three year licence (this is referred to below as "the Contract Term")  to possess install and use the hardware device that we will send to You (the "IC Alert Device") (but only for the purpose it was designed for) . You agree to the User Instructions and these Terms as conditions of your licence [insert a link to the User Instructions]. The Contract Term commences on the date that You order and pay for Your licence.  If you are renewing Your licence a new Contract Term is created commencing on the date that You renew and pay for your renewed licence in accordance with our then current licence renewal process on this website.)   
  • Possession during the Contract Term of a single IC Alert Device which:
    • You agree to install and run on Your IT network in accordance with the User Instructions [insert a link to the User Instructions];
    • You acknowledge  that We own legal title to the IC Alert Device  (i.e. it's our property) and You agree to hold it safe and secure and undamaged as bailee for Us during the Contract Term and until its return to Us;

One School Only Per Licence

Your licence is for one school only. Federated and similar groupings of schools even if on a common network will require additional paid for licences.  If You are in any doubt about this condition, please contact Us before acquiring IC Alert to discuss the facts and circumstances and Your requirements.

The IC Alert Service

When the IC Alert Device detects a hit against its list of watched URL's, an automated alert is sent by the IC Alert Device to the Safer Internet Centre (SIC) team at SWGfL.  Details of the work of SIC can be found at  http://www.saferinternet.org.uk/about   

The SIC team has seconded specialist police officers who have extensive and unique experience in managing these situations and will normally (depending on the circumstances) contact You (on the contact details that You have provided to Us) with regards the alert and to try to address the situation and identify a resolution plan with You.  

You acknowledge and agree that:

  • an alert may initiate a Police investigation as part of or in addition to any safeguarding response;
  • as between You and Us You are ultimately responsible for all safeguarding issues at Your school and fulfilling such other duties at law in the running of Your school as You may have from time to time.

The IC Alert Website

Your User Instructions and FAQs  are available on this Site and should be used and followed by You.  If You experience any issues in the installation or use of Your IC Alert Device please refer first to the User Instructions and FAQs.

We shall use reasonable endeavours to provide at least a 99.5 % uptime service availability level for this Site during the Contract Term. The Site will not be considered as "unavailable" during standard Site Maintenance Events, disruptions to Site service caused by You or other IC Alert customer's, or outages or disruptions attributable in whole or in part to Events Outside of Our Control.

Maintenance Events means work which is necessary to maintain or adjust the Site that may require interruption of the availability of the Site in whole or part .  Maintenance Events  will not normally be performed during normal business hours (Monday to Friday 9.00.a.m to 5.00 p.m. UK time and excluding all UK public holidays) save in case of emergency. We may interrupt the Site for non-emergency Maintenance Events provided that we have given  You at least three days' advance written notice by email to the contact address that You have provided to Us and for emergency Maintenance Events at any time without notice.  

Termination

Either We or You may terminate the Contract if the other party is in breach of these terms and conditions and in the case of a breach capable of remedy that breach is not remedied within thirty days of notice being given requiring it to be remedied. We can also terminate on written notice if the other party to the Contract for IC Alert is insolvent or ceases to trade.

On termination and at the end of the Contract Term (unless You have renewed and created a new Contract Term) You must uninstall the IC Alert Device and return it safely and undamaged to Us (at Your expense) within thirty days of expiration of the Contract Term (or its sooner termination).

Your Responsibilities

You are responsible:

  • for installing and operating and keeping the IC Alert Device safe secure and in good condition and in accordance with the User Instructions;
  • ensuring that the contact details that we will use in the event of an alert are notified to us by email to [        ]  and are always kept up to date.

You are responsible for authorising any access to and use of Your IT network and related equipment (including the IC Alert Device)  including any access or use by third parties (other than Us) and whether such access or use takes place with or without Your permission.

You will provide Us with all necessary co-operation in relation to Your IC Alert Contract and all necessary access to such information and facilities as may be required by Us in order to provide the IC Alert services (including any safeguarding and other response that an alert may generate).  You acknowledge that this may involve Police involvement  investigation and action having regard to the nature of the product and service.

You agree to comply with all applicable laws and regulations with respect to Your activities under this agreement and We shall do likewise in respect of Ours.

Ability to Modify IC Alert and or these Terms

We reserve the right to make reasonable modifications to the IC Alert service including a requirement for You to swap out any IC Alert Device that You may hold from time to time and to make reasonable changes to these Terms from time to time. If we do we will give You written notice of any such change or requirement.

Data Protection

Our privacy policy can be read at http://swgfl.org.uk/Footer/Privacy-Statement and forms part of these Terms.

We warrant to  You and You warrant to Us that we shall each comply with the Data Protection Act 1998 (the "DPA") in connection with Your Contract when performing or receiving the IC Alert services.

In relation to personal data (i.e. any information relating to a living individual including any information derived by Us from such information) that You provide to Us in connection with a Contract  ("Your Personal Data") You are the Data Controller and We acknowledge that We will be acting as Data Processor in respect of all data processing activities in relation to Your Personal Data that we carry out under this agreement.

We undertake to You that:

  • We shall process Your Personal Data  in such a manner, as is reasonably necessary to supply IC Alert services in accordance with your Contract or as is required by any applicable law;
  • in respect of Your Personal Data which is in Our possession or control We shall implement the technical and organisational measures to protect Your Personal Data against unauthorised or unlawful processing and accidental loss, destruction, alteration or disclosure.

Subject to the statutory rights in section 29 of the DPA (these are provisions which include the right to disclose personal data for  the prevention or detection of crime, or the apprehension or prosecution of offenders) which shall take precedence over this provision We shall not (and shall ensure that Our personnel do not) publish, disclose or divulge any Your Personal Data to any third party, nor allow any third party to process Your Personal Data on Our behalf without Your prior written consent and We shall not transfer Your Personal Data outside the European Economic Area without Your  prior written consent; We shall use reasonable endeavours to assist You with any subject access request that You receive relating to Your Personal Data processed by Us under Your Contract.

IPR in IC Alert

You acknowledge and agree that, as between You and Us, We and/or Our licensors own all Intellectual Property Rights in all materials connected with the IC Alert Device and associated services and in any material developed or produced in connection with Your Contract by Us, or by Our officers, employees, Licensors, subcontractors or agents. Except as expressly stated herein, Your Contract does not grant You any rights to any such Intellectual Property Rights.

Warranty

We warrant that will use reasonable care and skill in the provision of the IC Alert services.

We do not warrant that the IC Alert Device will identify and transmit an alert for each and every risky URL that may exist (whether it is on our watch lists or otherwise).

We do not warrant that that an alert having been generated the response by SIC to the alert will remove or mitigate any underlying risk that an attempt to access such URL presents.

Limitation of Liability

The conditions set out below override and are in substitution to Clause 11 of the General Terms.

Context and Reasonableness

You acknowledge and agree that:

  • You are dealing with Us and are entering into Your Contract for IC Alert in the course of a business;
  • As between You and Us, You and Your directors trustees employees servants and officers are ultimately responsible for all safeguarding issues at Your school and fulfilling such other duties at law in the running of Your school as You may have from time to time;
  • That IC Alert is just one risk management tool of many tools, products, procedures, requirements and techniques that are available to You to assist You in fulfilling such duties and is not to be relied on as a single solution to any safeguarding risk or duty that You may have.
  • Given the pricing point for Your Contract and the subject matter that IC Alert is intended to identify and deal with, in all the circumstances it is reasonable for Us to limit and exclude Our liability as set out in these Terms.

Entire Liability

Save as set out in the "Not Excluded" section below, the following provisions set out Our entire financial liability (including without limitation any liability for the acts or omissions of Our employees, secondees, Licensors, agents and sub-contractors) to You in respect of:

  • any breach of Your Contract for IC Alert howsoever arising;
  • any use made by You of the IC Alert Device or the associated IC Alert response services or any part of them; and
  • any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including without limitation negligence) arising under or in connection with Your Contract for IC Alert .

Exclusion of Implied Terms

All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from Your Contract for IC Alert.

Exclusion of Types of Loss

We shall not in any circumstances be liable, whether in tort (including without limitation for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise for:

  • loss of profits; or
  • loss of business; or
  • loss or depletion of goodwill reputation or similar losses; or
  • loss of contract; or
  • loss of use of IT systems or services; or
  • loss or corruption of data or information; or
  • any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

Total Financial Cap

Our total liability in contract, tort (including without limitation negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of Your  Contract for IC Alert shall be limited to the amount available OR the price paid by You for Your IC Alert Device (whichever is the higher).

Not Excluded

Nothing in these Terms excludes or limits Our liability:

  • for death or personal injury caused by Our negligence; or
  • for fraud or fraudulent misrepresentation.
  • any breach of any terms implied by  law which are incapable of being excluded or limited by Your Contract for IC Alert or otherwise: and
  • defective products under the Consumer Protection Act 1987.

The above provision entitled "Not Excluded" overrides any other provision of these Terms including without limitation the provisions on Entire Liability, Exclusion of Implied Terms, Exclusion of Types of Loss, and the Total Financial Cap.

I HAVE READ AND AGREE TO THE ABOVE TERMS AND CONFIRM I AM DULY AUTHORISED TO ENTER INTO A CONTRACT FOR IC ALERT ON THESE TERMS

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POSITION IN ORGANISATION [       ]

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