Definitions:
The Client: The company, body, organisation or individual purchasing products or services from Cirrutech Software Ltd.
Cirrutech Software Ltd.: Provider of on-line software products and services, it’s employees or affiliates.
By using our ECCESoft Early Years Management System (“the Software”), you agree to the following terms and conditions, whether you are a trial user of the Software or a paying client of the Software. You are only authorized to use the Software if you agree to the terms and conditions. Cirrutech Software Ltd. may modify the terms and conditions from time to time. Your continued use of the Software after this document has been amended signifies your acceptance of the revised Terms and Conditions. The Terms and Conditions are available at all times through our website or on request from our Head Office.
Eligibility. Only Owners, Management, appointed users of recognised and registered Early Years Services and appointed users of Early Years support organisations , are entitled to use the Software. All users whether trial or paid, must be registered through the Cirrutech Software Ltd. registration process.
Account Security. Users of the software are fully responsible for the safe keeping and security of their log in credentials. If you require your log in credentials to be changed in order to maintain a sufficient level of security, Cirrutech Software Ltd. can do this for you on request. Cirrutech Software Ltd. will not be liable for any breaches of security resulting from any system that is inadequately password protected, or any client who is careless with their log in credentials.
Termination. You may terminate your subscription to the Software at anytime. Subscriptions generally range from 12 months upwards and are paid for in advance or are subject to a monthly standing order for the agreed period. Note Fees are non re-fundable if you terminate your subscription before the end of the agreed period.
Where no content has been entered into the ECCESoft system within a total period of 12 months from issue dates of access credentials, Cirrutech Software Ltd reserves the right to restrict access to the ECCESoft Early Years Management system. Any monies paid to Cirrutech Software Ltd, are retained by Cirrutech Software Ltd to cover administration costs incurred by Cirrutech Software Ltd up to this 12 month period.
Support and training. The system comes with full comprehensive tutorial material. These cover all aspects of the system in detail. Additional telephone support or training support packages are available and can be arranged at an additional cost to the client, (requirements are assessed on a case by case basis – Contact support@eccesoftware.com for further details.
Cirrutech Software Ltd. do not support third party software, either commercial or open source. This includes internet browsers.
In circumstances where Cirrutech Software Ltd. provide advice on third party software, (eg emails) due to the unknown variances of a clients operational software and hardware, Cirrutech Software Ltd. accept no responsibility for the outcome, or any knock on effect from the advice given.
Cirrutech Software Ltd. do not accept responsibility for inadequacies in their system if used with legacy/superseded versions of an internet browser.
Cirrutech Software Ltd. do not accept responsibility when a client corrupts the data within their system. In the event that Cirrutech Software Ltd are required to restore a backup, re-import data or dedicate time to resolving user created issues Cirrutech Software reserves the right to charge the client for this service. This charge will be based on the time required by us to resolve the issue and each instance will be assessed on a case by case basis.
Clients are responsible for providing accurate data for data imports. It is at Cirrutech Software Ltd’s discretion whether to charge a client for the data import. Cirrutech Software Ltd. is not responsible for sanitising a client’s data before performing a data import. Any sanitisation of data prior to a data import will be charged as extra.
Cirrutech Software Ltd. do not accept responsibility for undelivered text messages sent through our system. Cirrutech Software Ltd engage the services of a third party when sending and receiving text messages through our system and cannot fully guarantee, due to network issues beyond our control, that all messages will be delivered within a timely manner. We will endeavour to try to resolve text delivery & receipt issues where possible but it should be noted that, in general, it is not unusual, under normal circumstances, to have a rate of up to 10% of undelivered text messages according to international statistics.
Charges and Payment. Subscribing to the Software can include two cost components. An up-front once-off fee to cover the setup and the first agreed term subscription to the software, and an on-going periodic fee that includes all standard updates to the Software plus standard support. Failure to meet a payment obligation may result in the Client’s access to the Software being restricted.
Intellectual Property Rights (IPR). Cirrutech Software Ltd. retains all rights to all of the Software including all source code; compiled applications and all related documentation. The Client retains all rights to the inputted Data that is contained in the database of the Software.
File Uploads. Clients are advised to retain copies of all original documentation and images uploaded to the system. Cirrutech Software Ltd. cannot be held responsible for the loss of any documents or images entered onto the system by the Client. It is the Clients responsibility to determine if a hard copy of any Early Years related documents should be retained on file as per their legal requirements.
Data Security. The ECCESoft application utilises the latest in SSL technology. All information sent to and received from the ECCESoft database is fully encrypted, secure and protected from malicious attack. Unlike systems that utilise a public cloud (as provided by the large multinational global providers), your data is physically stored in the Republic of Ireland. We host a 'private' cloud in Dublin that ensures that your critical data is always physically located within the Republic of Ireland and is subject to Irish data protection laws.
Confidentiality. Cirrutech Software Ltd. undertakes to maintain strictest confidentiality with all data entered by the client. The Client, by using the Software has agreed to keep all source code, documentation and functionality of the software in strictest confidence. Under no circumstance will the Client discuss the functionality of the software nor will the Client divulge access credentials to any third-party without the written permission of Cirrutech Software Ltd.
Disclaimers. Cirrutech Software Ltd. is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on the Software, whether caused by Users of the Software or by any of the equipment or programming associated with or utilized in the Software and such User Content does not necessarily reflect the opinions or policies of Cirrutech Software Ltd. Cirrutech Software Ltd. is not responsible for the conduct, whether online or offline, of any User of the Software. Cirrutech Software Ltd. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Cirrutech Software Ltd. is not responsible for any problems or technical malfunction of any network, lines, computer online systems, servers, providers, computer equipment, software (including internet browsers), failure of any email or players due to technical problems or traffic congestion on the Internet or on Cirrutech Software Ltd. or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation in connection with the Software. Under no circumstances shall Cirrutech Software Ltd. be responsible for any loss or damage, including personal injury or death, resulting from use of Software, from any User Content posted, or from the conduct of any Users, whether online or offline. The Software is provided "AS-IS".
Limitation on Liability. In no event shall Cirrutech Software Ltd. be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the software, even if Cirrutech Software Ltd. has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Cirrutech Software Ltd’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, by you to Cirrutech Software Ltd. for our services during the term of ownership. Services fees are those fees of using an application and its functionalities.
Disputes Settlement. The agreement shall be governed by the laws of Ireland, without regard to its conflict of law provisions. You and Cirrutech Software Ltd. agree to submit to the exclusive jurisdiction of the courts in republic of Ireland to resolve any dispute arising out of the agreement. Each party hereby waives any right to a trial by jury in respect of any litigation arising out of, under or in connection with this agreement. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or not, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each party acknowledges that this section is a material inducement for the other party entering into this agreement.
Indemnity. You agree to indemnify and hold Cirrutech Software Ltd. harmless from any loss, liability, claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of Software in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement or if any Content that you post on the Software causes Cirrutech Software Ltd. to be liable to another party.
Force Majeure. Cirrutech Software Ltd. is not and shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Cirrutech Software Ltd.’s control, including but not limited to: (a) natural disasters, such as fire, flood, earthquakes, hurricanes, tropical storms; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; (d) failure of the telecommunications or information services infrastructure; (e) hacking, spam, or any failure of a computer, server or software; (f) fiber cuts; and (g) public health events, such as H1N1 flu.
Notice. Any notice required to be given under the terms and conditions will be provided by e-mail to the e-mail address that users provided during registration. Notices by users to Cirrutech Software Ltd. shall be given by e-mail. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable, because of an act or omission of you shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the e-mail server.
Headings. The headings to the sections of the terms and conditions are used for convenience only and shall have no substantive meaning or impact on the interpretation of the terms and conditions.
Miscellaneous. These terms and conditions are accepted upon your use of the Software. This Agreement constitutes the entire agreement between you and Cirrutech Software Ltd.. The failure of Cirrutech Software Ltd. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
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