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End User License Agreement
1. You’re License Agreement
The End User License Agreement (“Agreement”) is between Nursery In a Box (“Company”) and the person or company who uses the software (“User”).
Nursery In a Box is willing to grant the user a personal, non-exclusive, non-transferable license to access and use the software products or services.
The user accepts all the terms of this licence agreement and pays in full the purchase price to use the nursery management software products & services.
By accessing the software products and services, the User acknowledges that the user has read this Agreement, understands it, and agrees to be bound by it.
If the User does not agree to all of the terms in this agreement, the User should not access or otherwise utilise the software products and services because no license shall have been granted thereto.
3. Terms & Fees
- You agree to a 12-month rolling contract unless agreed otherwise.
- Should you wish to cancel your agreement the notice period will be 30 prior to your contract end date.
- All payments are made monthly or annually in advance and collected by direct debit unless agreed otherwise.
- Updates to the software products and services are published by Nursery In a Box and may include bug fixes or new features.
- The subscription fee is charged in accordance with our pricing page unless agreed otherwise.
- The free trial period is for 14 days and no charge is applicable. The free trial period may be extended by the Company. Once the trial ends you will be required to sign up for a subscription for your access to Nursery In a Box to continue unless agreed otherwise. The terms set out in this agreement must be adhered to while you are within the free trial period.
4. Ownership Rights
All ownership remains the property of Nursery In a Box and is subject to applicable copyright, trade secrets, trademarks and other proprietary rights being in force.
The software products and Services are licensed, not sold, to the user for use only under the terms of this Agreement.
The user may not rent, lease, loan, resell, or distribute the software products and services or make these available to others via shared access of the login credentials.
5. Confidential Information
The software products and services contain copyright, trade secrets, trademarks and other proprietary rights being in force and we require you to protect and respect these.
The User may not use copy, modify, or transfer the products to others, in whole or in part, except as expressly provided in this Agreement.
The user may not reverse engineer, disassemble, decompile, or translate the software products and services, or otherwise attempt to derive its source code or authorise any third party to do any of the foregoing.
The license granted hereunder is personal to the User, and any attempt by the User to transfer any of the rights, duties or obligations here under shall terminate this Agreement and be void. We will also instruct further legal action to be taken.
Unless expressly authorised in writing by the other party, neither party shall disclose to any third party any Confidential Information, of the other party, nor use such Confidential Information in any manner other than to perform its obligations under this Agreement.
6. Support & Maintenance
- Unlimited support is included and subject to fair use.
- General Support is available by support ticket between the hours of 9:00 am and 5:00 pm from Monday to Friday, except on public bank holidays. We can also be contacted by phone on 01253 49 50 51 during these hours.
- We have full system visibility when providing technical support to make sure we can provide the best support levels possible.
- We aim to provide a same day response to support tickets and immediate response for bug fixes.
- If we feel that support has been provided over and above general levels we reserve the right to restrict the support provided in accordance to fair use.
- Maintenance work will be undertaken outside normal working hours to minimise disruption. In certain situations, this may not be possible and we appreciate your patience during this time.
7. Data Management
Your data is backed up daily.
We are in compliance with the current General Data Protection Regulations (GDPR) and are registered with the Information Commissioner’s Office (ICO).
The user acknowledges and understands that:
(a) the Company may, from time to time, elect to update the Products, but the Company does not warrant or guarantee that any Products or other information accessed through the Company’s website(s) will be updated at any time during the term of this Agreement; and
(b) the Company does not recommend, warrant or guarantee the use or performance of any third-party product or service described in the Products or elsewhere in the Company’s website(s), nor is the Company responsible for the malfunction of such products or services due to errors in the Products, the User’s negligence or otherwise.
The software products and services contain trade secrets of Nursery In a Box and we would like you to protect and respect these.
Breach & Expiration
This Agreement will terminate immediately if the User breaches any term of this Agreement.
In the event of a termination or expiration, all or part of the software products and services and the user’s right to access and use may also terminate or expire without prior notice to the User.
The user may terminate this Agreement at the end of their term by notifying either party in writing (support ticket or email).
Cancel Subscription Fees
Your direct debit software subscription will also be cancelled with immediate effect and any subscription fees paid are non-refundable.
Upon cancellation, you will have until the end of your subscription to download anything you need to from the system. After that, your login will be revoked and you will no longer be able to access Nursery In a Box.
Decommission Your Data
Please notify your parents and staff that they will no longer be able to login to their apps.
Your Nursery Management System will automatically be decommissioned 14 days after your subscription has ended. All data will be wiped in accordance with the data protection and GDPR guidelines.
THERE IS NO WARRANTY OR CONDITION OF ANY KIND. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
We cannot guarantee against hack attack despite our best efforts to manage the risk.
10. Limitation of Liability
Except as specifically provided herein, the Company, shall not be liable for any claim, demand or action arising out of, or relating to, the User’s use of the Products or the Company’s performance of (or failure to perform) any obligation under this Agreement or for special, incidental or consequential damages, including, without limitation, damages due to lost revenues or profits, business interruption, or other damages caused by User’s inability to use the Products, even if the Company have been advised of the possibility of such loss or damages, and whether or not such loss or damages is or are foreseeable.
11. Governing Law & Venue
This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the Country of the United Kingdom as those laws are applied to contracts entered into. Any legal action or proceeding arising out of, or relating to this Agreement, shall be commenced in a court in the United Kingdom.
Neither this Agreement nor any of the User’s rights or obligations hereunder may be assigned by the User in whole or in part without the prior written approval of the Company. Any other attempted assignment shall be null and void.
If any part of this Agreement is for any reason found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected and the same shall remain in effect.
14. Complete Agreement
This Agreement is the complete and exclusive statement of the agreement between the Company and the User with respect to its subject matter and supersedes and voids any proposal or prior agreement, oral or written, and any other communications between the parties in relation to its subject matter.
No waiver, alteration or modification of this Agreement shall be valid unless made in writing and signed by a corporate officer of the Company.