EARWIG ACADEMIC REPORTING LTD PROVIDES SOFTWARE PACKAGES FOR EDUCATIONAL INSTITUTIONS. THESE INCLUDE :
– Earwig gives each Earwig Account a non-assignable and non-exclusive license to use the Earwig software provided by the Company as part of the Service. This license is for the sole purpose of enabling the School to use and enjoy the benefit of the Service, in the manner permitted by these Terms and is subject to the payment of an Annual Licence Fee determined by reference to the Earwig Price List displayed on the Earwig website.
– The ownership of an Earwig licence authorises the Client School to use the Earwig facilities, However, when these facilities are used in conjunction with content which is the copyright of another entity, it is the responsibility of the Client School to ensure that they are licenced to use that content.
– The Account Holder on behalf of the School specified in the Earwig Application Form undertakes to provide a complete list of their Pupils, Parents, Staff, Curriculum and designated Earwig Administrators, along with the other pupil details necessary for the proper functioning of the Earwig process. It is the responsibility of the school to make sure that this data is current at all times. Where the school has implemented an automated data synchronisation, this is achieved by keeping the school management information system up to date. Where there is no automatic synchronisation in place, the data must be maintained manually by the School Earwig Administrator(s) through the facility provided in the Earwig operational website at www.earwig.uk.com.
– The Service will commence when the Earwig Account is created and paid for in accordance with these Terms and Conditions. It continues until the service is terminated by Earwig, either by way of a written notice from the Account Holding school in accordance with the termination terms in this agreement or by Earwig in accordance with the terms relating to non-payment of fees.
– No-one may access the facilities provided by Earwig website without a login provided by Earwig. Apart from Earwig staff all logins apply to particular school account and are approved for access to that account by an authorised member of the school. The School undertakes to advise Earwig whenever a User ceases to be entitled to access to Earwig, whereupon their Earwig login will be immediately disabled.
– Parents are only able to see the Earwig Records and Timelines which have been tagged to their children by School staff or those which have been approved by the School for publication in the school Blog.
– There are no charges to Pupils or Parents for access to relevant Earwig records, images, videos or timelines covering the previous year via the Earwig Website while any Pupil remains Active. The images and video which any Parent is authorised to see are held in a virtual gallery, accessed via a password protected login.
– The Images featured on the Earwig Website are the property of the School in question. The School undertakes to use these images only for the specific purpose of recording education to enable teachers, management or others in authority to support assessment decisions or to improve pedagogy or teaching outcomes. The School hereby provides the Company with the exclusive and unlimited right to display and sell to Parents any Earwig images, at any time, in digital or physical form. The images sold may only be those which feature in the image gallery provided to the relevant parent by their specific account parameters.
– The School may download Images from the Earwig website without restriction. However, it is the responsibility of the school to hold and manage any Images that they wish to use or keep. Earwig will charge for the provision of any Images which are in accounts which have been archived.
– The copyright licence provided by this contract provides Earwig with the sole right to reproduce Earwig Images for commercial gain. Neither the school nor any third party may reproduce Earwig Images for financial gain without the written consent of Earwig and the payment of an agreed royalty.
– Earwig is fully GDPR compliant. All Images and data are held on servers within the UK and are encrypted on transmission. Earwig only hold such data as is required to enable it to provide The Service. The Service is provided under the Earwig Data Security Policy which is available to view here
– Earwig will delete the data related to specific pupils or other users five years after the last pupil or user associated with that data has been archived in the school Earwig system. The Data Controller for any School may alter this archive period by advising Earwig in writing.
– Earwig will try to ensure the accuracy and quality of the Service. However, the Service is provided on an “as is” basis and the Company does not accept responsibility for any use of or reliance on the Service or for any disruptions to or delay in the Service or make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Service.
– Earwig reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the service or any part thereof, with 60 days’ notice. The company shall not be liable to the School, account holders or any third party for any modification, suspension or discontinuance of the service. Continued use of the service after any such changes will indicate the School’s acceptance of any such changes.
– The fees charged to the School by Earwig for the Licence under which the Service is provide is specified in Schedule 3 of this Agreement. These include a Setup Fee, an Annual Licence Fee and additional annual fees for upgrades which may be provided from time to time. Earwig reserves the right to change the amount of any fee or charge and to institute new fees or charges at any time for any part of the Service. Client Schools must receive notice of these changes at least 30 days before any invoice containing these new fees is submitted. This notice will be in the form of an email circular to the address used for invoice submission.
– The invoice from Earwig to the School for the Setup Fee and the first of the Annual Licence Fees will be submitted to the School as part of the account creation process. Thereafter, Earwig will invoice the School for the Licence Fee on each Anniversary Date. This is will be paid within the following 30 days. Any fees which are not paid 30 days after the invoice date will attract an interest rate of 2% per month simple on the outstanding fee amount until the full debt is paid off. If any fees or interest are unpaid 90 days after the due date, Earwig will be entitled to restrict access to the site by school staff and administrators or to terminate the account.
– Bronze and Silver Account Holders have 90 days in which to pay the initial account setup fees. Gold accounts have 30 days.
– Earwig may offer Parents free unlimited access to high resolution Earwig Images in return for a premium payment. Any School may opt to pay an additional fee to Earwig to ensure that all Parents at that school are entitled to this access without payment.
– The company will determine the price at which Earwig Images and products based on these, are sold.
– In the event that a School does not intend to renew its Earwig Licence it must provide Earwig with written notice of its intention (Termination Notice) at least 60 days before the end of the Contract Year for which it has paid. If this Notice is not received by Earwig, the contract will remain in force for the following year and full invoice sum for that year will be payable.
– Once Earwig receives a Termination Notice it will disable all logins associated with that school on the last day for which the school has paid the licence fee – the Termination Date. It will be the responsibility of the School to inform relevant Users that the service is to be terminated.
– In the event that Earwig ceases to provide the Service to a School as a result of a Termination Notice from a School, the School will be entitled to download any available media, assessment data or reports they wish, at no charge, at any time up to the Termination Date. Thereafter, they may purchase their entire Earwig image/video database for £1.00 per Pupil per school year covered. However, Earwig may continue to sell Images to Parents, who will be given the opportunity to acquire high resolution digital copies of the Images in their accounts, on payment of a charge.
– Earwig trademarks, logos and Timelines are Copyright and may not be reproduced in any form without the written consent of Earwig. Any attempt by any entity to reproduce any combination of the Services or to offer an alternative version of the Service will result in an action for passing off.
– The Earwig DATA SHARING POLICY AND GDPR COMPLIANCE and CHILD PROTECTION POLICY explain how Earwig treats each School’s and Pupil’s personal information, and protects their privacy. Schools agree to the use of their data in accordance with these policies.
– Schools are responsible for maintaining the confidentiality of passwords associated with any account used to access the Service. The School is responsible to Earwig for all activities that occur under its account logins. If a School becomes aware of any unauthorized use of Schools passwords or of any other breach of security, the Schools will notify Earwig immediately. The Company is not liable for any loss or damage arising from Schools failure to comply with any of the foregoing obligations.
– The School agrees to defend, indemnify, and hold harmless The Company, and its directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including legal fees) arising out of activities in connection with the unauthorized use of the Service by any of their Account Holders.
– Earwig retains the right to show advertising from selected and appropriate advertisers in banners around its web pages.
– Earwig may assign or transfer its rights and obligations under this Agreement to any company, subject to 30 days’ notice to the schools affected.
– If any part of this Agreement is found by a court to be invalid or unenforceable, the enforceable sections of this Agreement will remain binding upon the parties.
– Notices to Schools will be made via email to any designated School Administrator or by regular mail to the School address. Earwig may also provide notices of changes to this Agreement or other matters, by displaying such notice on the Earwig Staff Website Dashboard.
– This Agreement shall be governed by and construed in accordance with the laws of England and any disputes in relation to this Agreement shall be heard by the English courts.
– Where the provisions of these online Terms & Conditions differ from those in a printed contract, these online Terms & Conditions shall apply.
The Earwig service will be available to users 99.99% of the time.
This excludes times when users are unable to access the service due to breaks in the internet service between the Earwig servers and the user or access blockages caused by firewall settings at any individual School.
It also excludes planned downtime for hardware or software changes which will be advised by at least 48 hours in advance.
Data is backed up daily and any lost data will be restored within three days.
Minor improvements to the service will be made throughout the life of this contract. Unless otherwise advised in advance, these will not be charged for although the accumulation of these may impact on future licence fee levels.
The Earwig operational website and app are supported by guide panels and video instruction on most screens.
Included in the Earwig Licence Fee package is ongoing telephone and email support for both Schools and individual Users via the 0333 6666 166 helpline and info@earwigacademic.com. Earwig undertakes to respond to site performance issues advised by phone and email within one working day. There are no additional charges for issue resolution.
Schools should avoid sending personal information, such as student/contact records, via email. EARL staff will advise the most secure method for transfer if there is such an explicit requirement.
The level of day to day support available to Account Holders and Earwig Admins depends on the Version level to which they have subscribed. Bronze and Silver schools pay for support on an ad hoc basis. Gold schools have free access to a nominated Earwig Consultant.
Earwig will provide training courses for School staff, as requested by the School and paid for at the rates indicated in Schedule 2.
The Annual Licence Fee payable by any Earwig Account Holder is based on selections made by the Account Holder or Administrator in the relevant Account Confuguration screen and calculated with reference to both the Account Version and the additional packages selected. These charges will vary over time, in accordance with these Terms and Conditions. These fees cover the provision of the Earwig Service for a period of twelve months from the Account setup or Renewal Date.
The detail of the specific current charges for these facilities are available at https://www.earwigacademic.com/choose-your-version.
The Setup Fees payable by any Earwig Account Holder are based on selections made by the Account Holder or Administrator in the relevant Account Confuguration screen and calculated with reference to both the Account Version and the additional packages selected. These charges will vary over time, in accordance with these Terms and Conditions.
The detail of the specific current charges for these facilities are available at https://www.earwigacademic.com/choose-your-version.
Earwig may contruct cusomised curricula and assessment frameworks for use with the Earwig software. The charges for this are as foillows.
Custom Framework build £480
EHCP Framework build £240
Custom Framework re-design £240
Minor Framework tweak £120
Referral Discount 10% the following year, to the referrer school.
MAT Discount 2 schools 5%, 3 schools 10%, 4 schools 15%, 5 schools 20% (max discount).
Contract Length Discount 3 years – 10%, 5 years – 15%.
Maximum Overall Discount 30%
The figures in this schedule are subject to change in accordance with the terms of this contract.