Customer Agreement – Terms of Service
Terms of Service
Effective starting: December 01, 2019 This Educator Impact Customer Agreement (the “Agreement”) is between you and EI Pty Ltd (ABN 32 169 499 807) (“EI”). If you are agreeing to this Agreement not as an individual but on behalf of your company or school, then “Customer” or “you” means your company or your school, and you are binding your company or school to this Agreement. EI may modify this Agreement from time to time, subject to the terms in Section 25 (Changes to this Agreement) below. By clicking on the “I agree” (or similar button) that is presented to you at the time of your Order, or by making a payment in relation to an invoice or using or accessing Educator Impact’s products, you indicate your assent to be bound by this Agreement.
- Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
- Certificate of Completion means a certificate awarded to a Participant who has completed a Cycle of the EI Process.
- Customer Coordinator means an employee of the Customer
- Customer Content means all content and materials the Customer provides Educator Impact for the provision of the Services.
- Confidential Information means:Information or material designated as ‘confidential’ or proprietary to EI or the Customer; . Trade secrets of either EI or the Customer; Information which the receiving party should reasonably be aware is confidential.
- Contract Materials means all software, materials, reports, processes, methods, specifications, documents and other works created by or on behalf of Educator Impact in connection with the provision of the Services, including all surveys, handouts, speakers’ notes, lectures, learning aids, data, presentations, audio visual productions and materials associated with the EI Process.
- Cycle of the EI Process means a single delivery of the EI Process per Product.
- EI means Educator Impact.
- Force Majeure means anything outside the control of a party including acts of nature, war, hostilities, civil disturbances, revolutions, terrorist attacks, or industrial action outside the party’s own workforce.
- Licence means the right for a unique Participant (identified by a unique email) to participate in a Cycle of the EI process for a Product.
- Licence Fee means the fee payable by the Customer for each licence as set out in the Order Form.
- Participants mean the teachers, leaders, staff, or other nominees nominated by the Customer to participate in the EI Process.
- Pre-Existing Materials mean any materials existing at the date of this Agreement, and in the case of Educator Impact, includes all trademarks, designs, design specifications, software, hardware or other documentation and materials used in Educator Impact’s business;
- Subscription Commencement Term means the school term specified in the invoice.
- Subscription Period means the initial period and any renewal period, as applicable.
- Third Party Supplier means the supplier that supplies the Third Party Products (other than Educator Impact).
- We means Educator Impact.
- You means the Customer.