Terms of use
valid from 1.7.2021
1. Preambel
SchoolUpdate is a service provided by bit media education solutions GmbH (hereinafter referred to as “Provider”) and has been specially developed to improve communication between schools, teachers, parents and pupils (“Users”). The term “school” includes schools in the narrower sense as well as institutions for the education and care of children such as kindergartens, day nurseries, crèches, after-school care centres and similar institutions. In addition to teachers in the strict sense, the term “teacher” also includes educators in child education and care institutions.
By registering and using the service, the user expressly accepts these terms and conditions.
2. Registration
The use of SchoolUpdate requires a one-off registration as an educational or care institution, together with the staff assigned to it, and a registration by the parents/guardians and pupils concerned (optional).
2.1 Registration as a customer
An organisation (school, childcare centre, etc.) wishing to use SchoolUpdate as a digital communication system must apply for a one-off registration, which is offered via the website www.schoolupdate.com. The organisation is then registered as a customer. The organisation will be referred to as the “Customer”.
SchoolUpdate is offered in three versions: FREE, STANDARD and PREMIUM. Details of the features of each edition are published on the SchoolUpdate website.
Once the system has been set up and activated by the provider, access details will be sent to the client. This gives the customer administrative access to the SchoolUpdate system and allows basic data to be entered into the system and users to be created. In Austria, electronic data transfer from the school administration system SOKRATES is also possible via an interface.
2.2 Staff registration
The creation and management of user accounts for staff (teachers, supervisors, etc.) is done by the customer. After creating a user account, the relevant staff members can log in to the SchoolUpdate system directly via the website www.schoolupdate.com or alternatively via the downloaded mobile application (Google Play Store, Apple App Store) on their smartphone.
2.3 Registering as a Parent/Guardian
Parents and guardians can register themselves either via the website www.schoolupdate.com or via the downloaded mobile application “SchoolUpdate” (available for Android and IOS) on their smartphone.
When registering as a parent or guardian, it is necessary to enter a registration code provided by the client organisation (school, childcare centre, etc.). In addition to the registration code, the first name, last name, gender, email address and phone number (optional) are required to register. The password can be chosen by the user according to the SchooIUdpate password rules and can be changed later.
A parent/guardian registration code is always associated with a child or student of the client organisation. This means that all communication via SchoolUpdate will relate to a child linked to SchoolUpdate. SchoolUpdate also allows multiple children to be registered with the same or different client organisations, with communication for multiple children at different institutions using a single parent/guardian account.
2.4 Other terms of registration
The user is obliged to provide truthful and complete information when registering. Furthermore, a user may only create one account; multiple registrations are not permitted. The Provider is entitled to refuse registrations for the SchoolUpdate FREE product version without giving reasons.
After registration, the user will receive a welcome message. From this point on, the user is able to use SchoolUpdate within the scope of the functions contractually agreed with the customer.
Registration creates a contractual relationship between the provider and the user, which is governed by the provisions of these Terms of Use and the Privacy Policy.
Registration and use of SchoolUpdate FREE services are free of charge. The provider reserves the right to charge for additional services (SchoolUpdate STANDARD, SchoolUpdate PREMIUM) and to update them. However, the User is under no obligation to use the paid services of the Provider.
3. Services
3.1 Setup & Activation
After the customer has placed an order, the provider will set up a customer-specific instance of SchoolUpdate and activate it for use via the Internet. After successful activation, the access data of the contact person specified in the registration will be sent to the customer.
3.2 Operation & Maintenance
The Provider undertakes to operate the SchoolUpdate system in an ISO 27001 certified data centre in accordance with the provisions of the EU Data Protection Regulation (DSGVO), to maintain it technically, to correct known errors and, in particular, to adapt it to newly released operating systems, browser versions and newer technologies.
The maintenance services are provided through the timely provision of programme updates on the provider’s server or in the respective app stores. The timing of the introduction and the extent of the improvement shall be at the discretion of the Provider.
3.3 Hotline & Support
The Hotline is the provider’s technical support service for all customer organisations. Support is available by telephone at +43 316 286186 during the hours specified on the website and by e-mail at support@schoolupdate.com. Support requests will be responded to either by email or telephone.
3.4 Services not included
The scope of services does not include database maintenance (e.g. import of data from other software products – except SOKRATES – or other external data sources, correction of input errors, etc.), services to implement customer-specific requirements and training. Such services may be ordered separately from the Provider by the Customer at the applicable prices.
3.5 Miscellaneous
The Provider is entitled, but not obliged, to check the contents created by the User for their compatibility with legal provisions and these Terms of Use or Licence Conditions and, if necessary, to delete the respective contents at its own discretion and without the consent of the User.
With regard to technical and economic developments, legal regulations or requirements, as well as the further development of its own and third-party products, the Provider is entitled to make changes to the services it provides at any time, provided that the Provider continues to fulfil its contractual obligations.
4. Obligations of the User
In order to be able to make full use of the Provider’s services, the User must use or enable the use of the latest technologies. If older technologies are used, the User may not be able to make full use of the Provider’s services.
The User must keep the access data (user name, password) strictly confidential and protect it from unauthorised access by third parties. If the User has reason to believe that the access data (user name, password) have become known to third parties in any way, he is obliged to change his password immediately and to inform the administrator of the Customer organisation without delay. If the User discloses the access data (password, user name) to third parties, he/she shall be liable to the Provider for any damage resulting therefrom.
The User undertakes to use the Services provided by the Provider in accordance with their intended use and to refrain from any actions during their use that could damage or endanger the Provider and/or other Users and/or restrict the availability of the Services for other Users. Intended use also includes compliance with all notices, recommendations and the like provided by the Provider at the time of conclusion of the contract or thereafter on its homepage and/or other documents made available to the User.
The Provider offers Users the opportunity to post content on this system and to communicate and interact with other Users via the system. The User undertakes not to misuse the Provider’s services (Services). In particular, the User shall comply with the following rules:
- The inclusion of personal data in the user’s profile is at the user’s own risk.
- The publication of data of third parties (e.g. the creation of a profile for a third party) without their consent is not permitted.
- The user is solely responsible for the content of his/her profile. The user undertakes to comply with all relevant legal provisions (such as the Criminal Code [StGB], the Pornography Act, laws on the protection of minors, the Prohibition Act, the Telecommunications Act 2003 [TKG 2003], the E-Commerce Act [ECG], the Media Act, the Copyright Act [UrhG], the Data Protection Act [DSGVO/DSG 2018], any personal rights arising from other laws such as the Austrian General Civil Code [ABGB], etc.) when creating or publishing content. ) when creating content/producing content, in particular not to disseminate any immoral, pornographic, obscene, racist, violence-glorifying, violence-tolerating, right-wing extremist, insulting or otherwise illegal content, material, information and/or photographs.
- The user also undertakes not to threaten, harass and/or violate the (personal) rights of third parties and other users.
- The user also undertakes not to threaten, harass and/or violate the (personal) rights of third parties and other users.
The User undertakes not to upload any data to the Application that contains viruses (infected software) or software and content to which third parties have copyrights (unless the User has the necessary rights or the consent of the entitled party). - The use of the services of the Provider for commercial purposes (e.g. advertising, promotion and offering of goods and services), advertising for other websites and the sending of chain letters is prohibited.
Irrespective of any consequences under civil and criminal law, the User shall indemnify the Provider to the full extent for any damages – of whatever nature – and for any claims of third parties – of whatever nature – resulting from a breach of the User’s obligations under § 4 of these Terms and Conditions.
In the event of a breach of these Terms and Conditions by the User, the Provider reserves the right to issue a warning to the User, to delete the User’s content, to block the User temporarily or permanently and/or to terminate the contractual relationship prematurely in accordance with § 8 and to delete the User’s profile.
5. Rights of use and copyrights
In relation to the User, the Provider is the sole legal owner of the reproduction, distribution, processing and all copyrights of the Application and its contents. The use of the Application and the content and materials contained therein is permitted only for the purposes specified in these Terms of Use.
6. Availability / Warranty
The Provider does not guarantee the constant availability of its application. Downtimes due to maintenance, software updates and due to circumstances (e.g. technical problems of third parties, force majeure) which are not within the Provider’s sphere of influence and therefore beyond its control and which cannot be accessed via the Internet through the services offered by the Provider cannot be excluded.
The User declares that he/she will not assert any claims for damages and/or warranty claims in the event of failure. The Provider does not guarantee that its services will meet the expectations of all users.
7. Liability
As far as this does not violate mandatory law, the Provider shall only be liable for damages caused in connection with this application by him, his employees and/or vicarious agents in the event of gross negligence or intent.
Notwithstanding the foregoing limitation of liability, the Provider’s liability for consequential damages, lost profits, loss of data and financial loss is expressly excluded.
The Provider shall not be liable for any content distributed by Users through this application, nor for any damages resulting therefrom.
8. Duration & Termination
This agreement is valid for an indefinite period of time. Both the User and the Provider are entitled to terminate the agreement in writing at any time. In the event of termination, the Provider is entitled to delete all of the User’s content and is not obliged to store this content and hand it over to the User.
For customers with individually concluded licence and usage agreements, the provisions on duration and termination stated therein shall apply.
Furthermore, the Provider is entitled to terminate the contractual relationship, which is the subject of the free use of SchoolUpdate (test version, FREE version), in whole or in part at any time and to shut down the system. In this case the Provider will inform the customer or User immediately.
9. Applicable law/jurisdiction
The place of performance and jurisdiction is Graz.
For legal disputes with consumers within the meaning of the Consumer Protection Act (KSchG) who have their domicile or habitual residence in Austria or who are employed in Austria, the statutory places of jurisdiction shall apply.
Austrian law shall apply with the exception of the reference norms of international private law (e.g. IPRG, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods.
The language of the contract is German.
10. Right of withdrawal
The User, who is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), may withdraw from a contract concluded by means of distance selling within seven working days, unless a statutory exception applies. It is sufficient to send the notice of withdrawal within this period (§ 5e KSchG). The withdrawal period is seven working days, whereby Saturday does not count as a work contract. In the case of contracts for services, the period begins on the day the contract is concluded.
The right of revocation does not apply to services, the provision of which for the User – as in this contractual relationship – has been agreed to commence within seven working days.
By registering (§ 2.1), the customer expressly agrees to the provision of a service in the knowledge that the right to withdraw from the contract in accordance with § 5e of the Austrian Consumer Protection Act (KSchG), as set out above, is thereby extinguished.
11. Privacy policy
The provider’s privacy policy, which is an integral part of these terms and conditions, is published in its current version on the SchoolUpdate website. The user declares to have read, understood and accepted this privacy policy in its entirety.
12. Severability clause
Should any provision of this agreement be or become legally ineffective, invalid and/or void during its term, the legal effectiveness and validity of the remaining provisions shall not be affected. In this case, the parties undertake to replace the legally ineffective, invalid and/or void provision with a provision that is legally effective and valid and corresponds in its economic effect to the replaced provision – as far as possible and legally permissible.
13. Final provisions
All legally binding declarations under this contract must be made in writing to the e-mail address of the other party last notified in writing. If a declaration is sent to the e-mail address last notified in writing, it shall be deemed to have been received by the respective party.
14. Contact
bit media education solutions GmbH
Kaerntner Straße 337, 8054 Graz
Tel.: +43 316/28 66 60
E-Mail: office@bitmedia.at
FB-No.: FN578606t
UID: ATU78055658
Jurisdiction: Graz, Austria
