SCHOOL LICENCE AGREEMENT

Entered into between:

Cyberwall Pty Ltd

4, Waterberry Close,

Fernbrook Estate,

Craigavon

2192.

Company Registration number: 2016/194114/07

And

The School
 

The school hereby agrees to the following terms and conditions for operating a school licence:

 

1. General

1.1 Notwithstanding any of the terms and conditions listed below, all of the Terms of Use and Privacy Policy of My Cyberwall as published on the My Cyberwall website will remain in place and form part of this agreement.

1.2 Access to My Cyberwall (www.mycyberwall.co.za) will be given to the school once full payment has cleared in Cyberwall’s  bank account.

1.3 Cyberwall will communicate when necessary, with the school’s key contact and registered teachers to communicate updates to the site. The school will advise Cyberwall in writing of the name and contact details of the key contact.

1.4. From time to time, Cyberwall may request quotations and testimony from the school for Public Relations and marketing purposes.

1.5 Cyberwall reserves the right to implement annual membership price increases.

2. Obligations of My Cyberwall

2.1 On request of the school, Cyberwall will provide a standard introductory letter that can be issued to learners, teachers and parents by the school, explaining Cyberwall’s site.

2.2 Cyberwall is in no way liable for any errors or omissions on the site. However, if these are bought to the attention of Cyberwall, Cyberwall will correct or remove the incorrect material within a reasonable timeframe.

3. Obligations of the School

3.1 It is the school’s responsibility to enter users details onto the system (learners, parents, teachers and school administrators) to enable users to access the site. The school will be responsible for issuing usernames and passwords to all users and keeping a record of these.  Tutorials will be supplied to the school to assist with data uploads.

3.2 Cyberwall will assist new members on request with the data upload, as long as the data is supplied to Cyberwall in the required format. If schools that are renewing their membership want Cyberwall to perform this service on their behalf, a fee will be charged to the school, based on the published hourly rate.

3.3 If the school requires Cyberwall to assist with data upload, permission must be obtained by the school to release parent email addresses.

3.4 The school will be responsible for changing teachers, children’s and parent’s passwords on request and keeping a record of this.

3.5 The school will be responsible for uploading parent information, so that the parent account is set up and linked to the child account.

3.6 The school should only add children as users if prior parental/guardianship consent has been obtained, or if covered by the school IT policy or similar.

3.7 Schools may appoint in writing  a teacher or administrator who will act as a guardian and will be responsible for assisting learners whose parents do not have an email address or internet access to link parent accounts. In this case, the school shall obtain written parental/guardianship consent.

3.8 The school will be responsible for communicating the use of My Cyberwall at the school to any parents and teachers.

3.9 The administration of licences is the responsibility of the school and therefore it is the responsibility of the school to de-activate teachers’ and learners’ accounts, if they should leave the school during the course of the licence agreement.

3.10 It is the responsibility of the school to be equipped with the necessary equipment in the form of computers, printers and Internet connectivity with sufficient bandwidth to operate My Cyberwall effectively with multiple users in a classroom.

3.11 It is essential that the school is satisfied that My Cyberwall operates to their satisfaction on the equipment and platforms available in their school, before a licence is purchased as Cyberwall will be unable to remedy any shortcomings on behalf of the school.

3.12 All membership purchases will be for the site ‘as is’ and will not depend on any planned or future functionality or content.

3.13 The school agrees that it will inform Cyberwall if they discover any unauthorised use of their school licences or the My Cyberwall site.

3.14 Sharing of accounts between schools or teachers or with other users is prohibited. The school agrees that it will not disclose their logins to any other party.

3.15 The school agrees to allow Cyberwall to publish the school name and logo on its client list.

4. Intellectual Property Rights

4.1 Any material downloaded or printed from the site cannot be used by the school or its teachers after the end date of the licence period, unless the licence is renewed. At the end of the licence period, any printed hard copies must be returned to Cyberwall. If it is found that material has been illegally used after the cessation of the licence agreement,  Cyberwall has the right to retrospectively charge the school the full annual licence fee.

4.2 Schools are not permitted to sell, re-sell or cede licences to learners, parents or any other parties.

4.3 Schools and teachers are not permitted to use or reproduce any of Cyberwall’s material except for use at school only. It is the school’s responsibility to ensure that teachers know the terms of use of the site and that they are not permitted to use any of Cyberwall’s materials or derivatives of these materials in any way, for example, if they leave the employment of the school and are then employed at a school where a school licence has not been purchased.

4.4 Sharing Cyberwall’s materials on open platforms is not permitted without written consent from Cyberwall’s CEO.

4.5 Whether a breach by a teacher occurs during employment at the school or thereafter, this is considered a criminal offence and the school must make teachers aware of this.

4.6 Schools must purchase a school or classroom licence, where My Cyberwall is used at a school by teachers, or at home to prepare materials. Teachers cannot buy individual licences and use the material of the site at a school.

4.7 Any materials from My Cyberwall’s site that are adapted for use at the school by teachers or learners, must acknowledge My Cyberwall as the original source of the material, as follows: Source: www.mycyberwall.co.za

5. Force Majeure

5.1 Cyberwall shall not be liable for any failure to perform any of its obligations in this Agreement insofar as such failure was due to an impediment beyond its control.

5.2 An impediment may result from and not limited to, events such as acts of sabotage (such as hacking), natural disasters, war, violence, fires, the inability or lack of competence of suppliers to provide services and the supply of energy or telecommunication services of whatsoever nature.

6. Arbitration

6.1 Should any dispute arise out of or in connection with this Agreement, the parties shall endeavor in good faith to resolve the dispute by negotiation in a place as agreed by the parties, failing such agreement, within seven days of both parties becoming aware of such dispute, at the offices of Cyberwall.

6.2 If the parties are unable to resolve the dispute within ten days after commencement of the negotiations, then the dispute shall be resolved by arbitration in accordance with the rules of the Arbitration Foundation of South Africa.

7. Domicilium Address and Notices

7.1 Cyberwall chooses their domicilia citandietexecutandi (domicilum address) for all purposes arising from or pursuant to this Agreement as follows:

Cyberwall cc – 4, Waterberry Close, Fernbrook Estate, Inchanga Road, Craigavon, 2192.

Email – info@mycyberwall.co.za

8. Acceptance of Agreement

Clicking on the button confirms acceptance of the above Agreement and that you are duly authorized to accept the terms of this Agreement on behalf of your school.