Terms & Conditions
1. About us
1.1 Company details. School Impact Awards is owned by Optimus Education Ltd (05791519). Optimus Education is a company registered in England and Wales and our registered office is at Black Country House, Rounds Green Road, Oldbury, England, B69 2DG. Our VAT number is 311669609. We operate the website https://www.optimus-education.com/.
1.2 Contacting us. To contact us, email us at email@example.com or send a message using live chat. How to give us formal notice of any matter under the Contract is set out in clause 15.
2 Our contract with you
2.1 These terms and conditions (Terms) apply to the use of the School Impact Awards service and website. By signing up for the School Impact Awards service or using the School Impact Awards website (our “Services”) or any of the Services of School Impact Awards you are agreeing to be bound by these Terms as further detailed below.
2.2 School Impact Awards reserves the right to update and change these Terms from time to time by posting updates and changes to the School Impact Awards website. We recommend that you check these Terms from time to time for any updates or changes that may impact you. These Terms were most recently updated on 17th August 2022.
3 School Impact Awards contract with you
3.1 The contract. These Terms apply to the order by you and supply of Services by School Impact Awards to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3.2 Entire agreement. The Contract is the entire agreement between you and School Impact Awards in relation to its subject matter. You and School Impact Awards acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3.3 Language. These Terms and the Contract are made only in the English language.
3.4 Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
4 Creating an account
4.1 Subject to clause 4.2, the person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of these Terms and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Services.
4.2 If you are signing up for the Services on behalf of your school or institution, your school or institution shall be the Account Owner. If you are signing up for the Services on behalf of your school or institution, then you represent and warrant that you have the authority to bind your school or institution to these Terms.
4.3 Please follow the onscreen prompts to place your order. As part of the order process you will be asked to provide your full legal name, school address and postcode, a valid email address, and any other information needed in order to complete the signup process.
4.4 You may only submit an order using the methods set out on the School Impact Awards website. Each order is an offer by you to buy the Services specified in the order subject to these Terms.
4.5 Before you place an order you must create an account. Once you place your order and have made successful payment for the Services in accordance with clause 9, you will receive an order confirmation email from School Impact Awards, at which point the Contract between you and School Impact Awards for the Services confirmed in that email will come into existence. Following this you will also receive an email with instructions on how to access the Services you have purchased.
4.6 Once you have registered for an account you may create accounts for each school staff member you wish to access the Services (each a “User”). Each User must be aged 18 or over.
4.7 You and the Users acknowledge that School Impact Awards will use the email address provided as the primary method for communication.
4.8 You are responsible for ensuring that the terms of your order and any registration information which is given by you or on your behalf is true, complete and accurate.
4.9 A breach or violation of any term in these Terms as determined in the sole discretion of School Impact Awards will result in an immediate termination of your Services.
5 General Conditions of Use
5.1 The following general conditions apply to your use of the Services:
5.1.1 support is only provided to paying Account Owners and is only available via live chat or email during the hours of 08.45 to 15.30 during school term time;
5.1.2 you are responsible for the conduct on your Account and the conduct of the Users that you grant access to your Account;
5.1.3 you cooperate with School Impact Awards in all matters relating to the Services; you provide School Impact Awards with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
5.1.4 you and each User keep your password secure and do not disclose your account details to any unauthorised third party. School Impact Awards cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password; and
5.1.5 you are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded to your Account in the Statement of Intent, Statement of Impact and evidence portfolio (“Content”).
5.2 You must ensure that you and your Users do not:
5.2.1 use the Services for any illegal or unauthorised purpose nor may you, in your use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada;
5.2.2 reproduce, duplicate, copy, sell, resell, distribute, forward, rent, lease or exploit any portion of the Services, use of the Services, or access to the Services without our express prior written consent;
5.2.3 remove or obscure the copyright notice from any portion of the Services, including hard-copy printouts;
5.2.4 use the Services to create any derivative work, product or service, or merge the Services with any other product, database, or service, excepting use within the Account Owner’s virtual learning environment or institutional intranet;
5.2.5 make changes to the content of any portion of the Services except with our express prior written consent;
5.2.6 bypass, modify, defeat or circumvent security features that protect any licence, timing or use restrictions that are built into the Services;
5.2.7 undertake any activity which may have a damaging effect on our ability to enter into agreements with other institutions;
5.2.8 upload or share any material via the Evidence portfolio which is, in whole or in part, pornographic, libellous or obscene, or to which you do not hold the necessary usage rights;
5.2.9 otherwise use the Services in a manner that would infringe our intellectual property rights contained within it;
5.2.10 misuse the Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions we provide;
5.2.11 circumvent or attempt to circumvent any limitations imposed on your account;
5.2.12 decipher, decompile, disassemble, translate, create derivative works, reverse engineer or otherwise attempt to reconstruct, identify or discover any source code, algorithms, underlying ideas or underlying user interface techniques in the Services or any of the software used to provide the Services, or attempt to do so;
5.2.13 use the Services to collect or store any sensitive information (“Sensitive Information”) including personal health information, banking and credit card information, and if you do use School Impact Awards to collect, store or otherwise process any Sensitive Information you do so at your own risk and you are responsible for ensuring compliance with all applicable laws;
5.2.14 transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services;
5.2.15 use the Services to infringe the Intellectual Property Rights of others, or to commit any unlawful activity; or
5.2.16 lend, resell, lease or sublicense or otherwise use the Services for the benefit of a third party, unless we have given you prior written authorisation.
5.3 You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
5.4 You may link to School Impact Awards’ website home page, provided:
5.4.1 you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
5.4.2 you do not establish a link in such a way as to suggest any form of association, approval or endorsement on School Impact Awards’ part where none exists; and
5.4.3 the website in which you are linking must comply in all respects with the content standards set out in clause 5.2.
5.5 School Impact Awards’ website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.
5.6 You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
6 Rights and obligations of School Impact Awards
6.1 You acknowledge that while School Impact Awards has no obligation to monitor or review any Content submitted to the Services by you or any other person, School Impact Awards may:
6.1.1 be required to review certain Content submitted to the Services to determine whether it is illegal or whether it violates these Terms;
6.1.2 prevent access to, remove or refuse to display any information or Content that we reasonably believe violates the law or these Terms including material that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property; or
6.1.3 suspend your access to the Services if you share or otherwise make available the Content described in clause 6.1.2.
7 Limitations of Liability
7.1 School Impact Awards have obtained appropriate insurance cover in respect of our own legal liability under these Terms. The limits and exclusions in this clause reflect the insurance cover School Impact Awards have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.
7.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
7.2.1 death or personal injury caused by negligence;
7.2.2 fraud or fraudulent misrepresentation; and
7.2.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
7.3 Subject to clause 7.2, School Impact Awards will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
7.3.1 loss of profits;
7.3.2 loss of sales or business;
7.3.3 loss of agreements or contracts;
7.3.4 loss of use or corruption of software, data or information;
7.3.5 loss of or damage to goodwill; and
7.3.6 any indirect or consequential loss.
7.4 Subject to clause 7.2, School Impact Awards’ total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to £10,000,000.
7.5 Your use of the Services is at your sole risk. The Services is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
7.6 This clause 7 will survive termination of the Contract.
7.7 School Impact Awards shall not be liable to you or any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
7.7.1 use of, or inability to use, the Services; or
7.7.2 use of, or reliance on any content displayed in the Services.
7.8 School Impact Awards shall not be liable for:
7.8.1 any loss or damage caused by a virus, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the School Impact Awards website or to your downloading of any content on it, or on any website linked to it;
7.8.2 any failure or malfunction resulting wholly or to any material extent from your negligence, operator error, misuse or abuse of the Services; or
7.8.3 failure by you to implement recommendations previously advised by the School Impact Awards in respect of, or solutions for, faults in the Services.
7.9 Where the School Impact Awards website contains links to other sites and resources provided by third parties, these links are provided for your information only. School Impact Awards assumes no responsibility for the content of websites linked on the School Impact Awards’ website. Such links should not be interpreted as endorsement by School Impact Awards of those linked websites. School Impact Awards has no control over the contents of such third party sites and resources and shall not be liable for any loss or damage that may arise from your use of them.
8 Intellectual Property and Data Protection
8.1 Title to, and ownership of, all intellectual property existing in the Services, (including any copies of materials in the Services made by you) is not transferred to you and belong to and remain vested in School Impact Awards.
8.2 School Impact Awards does not claim any intellectual property rights over the material you provide to the Services including Content. All material you submit and/or upload remains yours.
8.3 By uploading Content, you agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to access, use, copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you, including the Statement of Intent, Statement of Impact and evidence portfolio, for the purposes of evaluating the information contained therein, and to improve the Award process, and to promote achievements (on an anonymous basis) to other institutions.
8.4 Any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our services, site, proposed services, documentation or business (“Feedback”) that you provide to School Impact Awards will be owned by School Impact Awards and you hereby waive any claim you have to ownership, compensation, monetary or otherwise, for providing the Feedback and for School Impact Awards' use of your Feedback.
8.5 You acknowledge that any rights not expressly granted in these terms and conditions are reserved by us.
8.6 You may print off one copy, and may download extracts, of any page(s) from School Impact Awards website for your personal use and you may draw the attention of others within your organisation to content posted on our website.
8.7 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.8 You must not use any part of the content on School Impact Awards website for commercial purposes without obtaining a licence to do so from us or our licensors.
8.9 If you print off, copy, download, share or repost any part of our School Impact Awards website in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.10 Optimus Education Ltd is a UK registered trade mark of Optimus Education Ltd. You are not permitted to use this without our approval unless they are part of material you are using as permitted under the 'use of the Optimus Education website' found in our Terms and Conditions on our website.
9 Payment of Fees
9.1 In consideration of us providing the Services you must pay our charges in accordance with this clause 9.
9.2 The charges are the prices quoted on School Impact Awards website at the time you submit your order.
9.3 If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the charges accordingly.
9.4 We take all reasonable care to ensure to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system.
9.5 Our charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the charges.
9.6 It is always possible that, despite our reasonable efforts, some of the Services on School Impact Awards’ website may be incorrectly priced. We will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if School Impact Awards mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
9.7 School Impact Awards Services can be ordered via School Impact Awards website and purchased by invoice or by credit/debit card. We accept the following cards: Mastercard, Visa, AmEx. Our invoice payment terms are 30 days from the date of invoice. If payment by invoice is requested, an administration fee of £10 per order will be added to the invoice.
9.8 If you fail to achieve accreditation in an award, any payments made by the school or institution in respect of the Services will not be refunded.
9.9 If you decide to cancel a validation meeting booking, you may do so by emailing firstname.lastname@example.org.
9.10 Cancellation of a validation meeting will be subject to the following fees:
Cancellation after the date when validation booking closes:
- Silver: £105
- Gold: £150
- Progress to Gold: £105
Cancellation before the date when validation booking closes:
- Silver: £70
- Gold: £100
- Progress to Gold: £70
Validation booking closure dates are advertised to Account holders on the site.
9.11 Following payment of the cancellation fee you may book another validation meeting.
9.12 If for any reason, School Impact Awards cancels a booked validation meeting, we will endeavour to rebook the meeting at no cost to the school.
10 Cancellation and Termination
10.1 If after 18 months of purchasing an award a school has not booked a validation meeting, School Impact Awards reserves the right to close the school’s account for that award, and no refund shall be given.
10.2 Without prejudice to any other right or remedy it may have, either party may terminate the Contract at any time by notice in writing, such notice to take effect as specified in the notice:
10.2.1 if the other party is in material breach of the Contract and, in the case of a breach capable of remedy within ten working days, the breach is not remedied within ten working days of the other party receiving notice specifying the breach and requiring its remedy.
10.3 Upon termination all outstanding fees shall be due for payment and no refunds shall be given. You must return all of our materials and any Services specified in your order which have not been fully paid for.
11 Modification of the Services and Fees
11.1 Prices for using School Impact Awards are subject to change and notice of such change may be provided at any time by posting the changes to the School Impact Awards website.
11.2 School Impact Awards reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice.
11.3 School Impact Awards shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
12.1 You and School Impact Awards each undertake that we will not at any time during the Contract, and for a period of three years after termination of the Contract, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 12.2.
12.2 You and School Impact Awards each may disclose the other's confidential information:
12.2.1 to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 12; and
12.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.3 Each of you and School Impact Awards may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
13.1 You shall not assign, delegate, sub-contract, or otherwise transfer any or all of its rights and obligations under the Contract.
14 Data Protection
14.1 You and School Impact Awards each undertake to comply with the provisions of UK General Data Protection Regulations 2018, the Data Protection Act 2018 and any related legislation in so far as the same relates to the provisions of these Terms.
14.2 School Impact Awards will only use your information in accordance with these Terms and the School Impact Awards privacy statement.
14.3 School Impact Awards may share your information (and that of any User) with any member of its group, which means its subsidiaries, its ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
15 Complaints and Dispute Resolution
15.1 If a problem arises or you are dissatisfied with the Services, contact us by emailing email@example.com
15.2 You and School Impact Awards shall attempt in good faith to resolve any dispute arising out of or relating to the Contract by negotiations between executives of the parties (or any such nominated person by either party) who shall have authority to settle the dispute. Any party may give the other party written notice of any dispute not resolved in the normal course of business and within 5 working days after delivery of the said notice, executives of both parties (or nominated person) shall meet at a mutually acceptable time to exchange relevant information and attempt to resolve the dispute.
15.3 If the matter has not been resolved within ten working days after the expiration of the first notice or if the parties fail to meet within or agree a date to meet after the expiration of the disputing party’s notice the parties shall appoint a mediator to provide a non-binding but informative opinion in writing, who need only comply with their request if the mediator considers it would be helpful. Any such opinion shall not be an attempt to anticipate what a court might order but rather the mediator’s suggestions as to the settlement terms that are considered appropriate in all the circumstances. Such opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings arising in connection with the Contract without the prior written consent of both parties.
15.4 If the parties fail to reach agreement in the structured negotiations within ten working days of the mediator being appointed then any dispute or difference between them, shall be referred to arbitration under the provisions of the Arbitration Act 1996 by a single arbitrator to be appointed by agreement between the parties or if the parties shall fail to agree upon an arbitrator within ten working days of one party serving upon the other a written notice to concur in the appointment of an arbitrator then the arbitrator shall be appointed by the President of the Law Society.
16.1 If any provision of these Terms or the Contract is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms or the Contract.
17.1 If School Impact Awards do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that School Impact Awards have waived our rights against you or that you do not have to comply with those obligations. If School Impact Awards do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
18 Governing Law
These Terms and the Contract shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
19 Third Parties
Nothing in these Terms or the Contract shall confer on any third party any rights or benefit under the provisions of the Contracts (Rights of Third Party) Act 1999.