Terms of service

Description of services

Education Marketer Ltd (“Education Marketer”, “we”, “us” or “our”) provides a education platform via its website, newsletters, video calls and apps to a community of registered users (“users” or “you”) to engage in a variety of activities, including monthly briefings, consultancy and the sharing of sector insight. This isn’t an all-encompassing list and additional Services may be offered by us from time to time. The following are the terms of use (“Terms”) for using the Site and the Services.

Basically…

We provide higher ed marketing insight and consiultancy services to help members spot new opportunities in the market. We will develop more features and services in the future.

Who’s who

Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. We refer to Education Marketer Ltd. as “Education Marketer” or “we” throughout these Terms. Reference to the “Application” means the delivery of your package: This is usually consultancy and / or a series of marketing and media industry insights. When we refer to the “Client”, or the “Customer”, this is a person, entity, company or organisation that has entered into an agreement with Education Marketer for Paid Services, Subscriptions or Products. We call our clients customers and/or users the “End-User”.

Basically…

We are Education Marketer. This page may refer to you as the User, customer or client but they all mean the same thing.

Your account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date.

You are responsible for maintaining the security of your account and any Service-related content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorised uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Basically…

Keep your information up to date and let us know if anyone has accessed your account unlawfully.

Responsibility of visitors and users

We will provide Services, Products and Subscriptions, but our responsibilities are limited. Among other things, this means that:

• We are not involved in your relationships or transactions with any customer or potential customer.

• You are responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and any other ancillary services you provide to your customers.

• You are financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Services.

• You are responsible for the Application and must ensure that the Application remains compliant with the appropriate laws and regulations at all times.

• When making a request for a change to the current scope of works, ensure that it has been formally recognised.

Basically…

We provide advice, guidance and consultancy, but you are ultimately responsible for its implementation.

Fees, payment, renewal

a. Education Marketer Fees

Fees for Paid Services. Some of our Services are offered for a fee, such as the Education Marketer Newsletter, Professional Services, amongst other (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees or recurring fees. For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting us.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonised or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.

If anything items are exempt from taxes, we will explicitly identify this in writing.

Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time, or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services.

Unless otherwise agreed in writing, Education Marketer’s invoices must be paid in full within a maximum of 30 days of the invoice date unless stated otherwise.

Late Payments will result in the following:

1. Recovery of time and/or costs incurred chasing the payment.

2. Late payment fees.

3. Immediate suspension of any other Education Marketer services, subscriptions or products.

If the Client has approved a quotation given by Education Marketer and later Education Marketer has reason to believe that the actual Price will or may exceed the estimate, Education Marketer shall advise the Client.

Education Marketer reserves the right to invoice you for work completed to date at any point.

Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorise us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed.

Cancelling Automatic Renewal. You can manage and cancel your Paid Services by contacting us. You must provide 30 days notice.

Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we will give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.

No-Show Policy. We may have a “no-show policy” for some Paid Services, which means that if you fail to show up or are late for a scheduled session, we may withhold the Service without a refund and/or invoice you for the time-slot of the scheduled session. If the Client does not attend within the first 15 minutes of a scheduled session requiring your attendance, we will classify this as a no-show. After 15 minutes, Education Marketer will end the session, and it is your responsibility to re-schedule the session. A no-show will constitute a project delay if it is in relation to an ongoing Project.

Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.

Basically…

Please pay any invoices within 30 days and we’ll let you know if there are ever any changes to fees. We’ll notify you when your renewal is due.

General representation and warranty

You represent and warrant that your use of our Services:

• Will be in strict accordance with these Terms;

• Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United Kingdom or the country in which you reside, the use of financial services, notification and consumer protection, unfair competition, and false advertising);

• Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;

• Will not infringe or misappropriate the intellectual property rights of any third party;

• Will not overburden Education Marketer systems, as determined by us in our sole discretion;

• Will not disclose sensitive personal information of others;

• Will not be used to send spam or bulk unsolicited messages;

• Will not interfere with, disrupt, or attack any service or network; and

• Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.

Basically…

You promise to do no harm with the services we provide.

Agreement

A binding contract shall be formed when the Client has indicated its intention to commission Education Marketer. This takes place when:

• A written notice of acceptance to Education Marketer. For example, signing a copy of this document.

• Using the acceptance button on an electronic quotation.

• The transfer of monies to Education Marketer.

• A Purchase Order (PO) is raised and sent to Education Marketer.

By accepting Education Marketer’s quote for Services, the Client shall be deemed to have accepted the terms and conditions of this Agreement, which shall govern the purchase of all Services.

Basically…

You accept these terms if you start using our services.

Copyright infringement

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an Education Marketer product or service violates your copyright, please notify us via email. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Education Marketer or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

Basically…

We care about intellectual property and will protect yours as well as our own.

Intellectual property

The Agreement does not transfer from Education Marketer to you any Education Marketer or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Education Marketer. The Education Marketer logo, and all other trademarks, service marks, graphics, and logos used in connection with educationmarketer.co.uk or our Services, are trademarks or registered trademarks of Education Marketer or Education Marketer’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Education Marketer or third party trademarks.

Basically…

Please ask permission before you use our logo and other trademarks.

Third party services

In using the Services, you may enable or use services, products, software or applications developed by a third party or yourself (“Third Party Services”). If you use any Third Party Services, you understand that:

• Third Party Services are not vetted, endorsed, or controlled by Education Marketer.

• Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.

• Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.

• Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data, for example, via a pixel or cookie. If you use the Third Party Service or grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.

If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

Basically…

We use third party applications to run some of our services, but your use of these apps is subject to the third party’s terms.

Changes

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorised executive of Education Marketer, or by the posting by Education Marketer of a revised version.

If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Basically…

We’ll let you know if we’re updating our terms of service.

Termination

We may terminate your access to all or any part of our Services, Subscriptions or Products at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Basically…

In extreme cases, we may stop access to our products. This is typically in response to misuse.

Disclaimer of warranties

Our Services are provided “as is.” Education Marketer and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Education Marketer, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted.

Basically…

We strive of high levels of service, but occasionally there may be an error. If that’s the case - we’ll work to fix it.

Disclaimer of warranties

Our Services are provided “as is.” Education Marketer and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Education Marketer, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted.

Basically…

We strive of high levels of service, but occasionally there may be an error. If that’s the case - we’ll work to fix it.

Jurisdiction and applicable Law

The laws of England and Wales govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in this agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of this agreement or any part thereof, or the right thereafter to enforce each and every provision.

Basically…

We operate within the laws of England and Wales.

Jurisdiction and applicable Law

The laws of England and Wales govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in this agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of this agreement or any part thereof, or the right thereafter to enforce each and every provision.

Basically…

We operate within the laws of England and Wales.

Limitation of liability

In no event will Education Marketer, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed £50 or the fees paid by you to Education Marketer under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Education Marketer shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Basically…

We’ll have no liability for any failure or delay due to matters beyond our reasonable control.

Indemnification

Subject to any separately expressed contractual terms and conditions of this Agreement, in no event shall the Client or Education Marketer be liable to the other party for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

You agree to indemnify and hold harmless Education Marketer, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including solicitors’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

The Client shall be liable for and shall indemnify Education Marketer against any and all claims, actions, liabilities, losses, damages or expenses (including legal expenses) incurred by Education Marketer which arise out of or in connection with, directly or indirectly, the Client’s performance under this Agreement, including without limitation any losses, damages or expenses arising out of or in connection with:

Any infringement or alleged infringement of any intellectual property rights caused by the use of any Services; and

Any claim made against Education Marketer in respect of any liability, loss, damage, injury, cost or expense sustained by any third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to or arises from the Services and/or the Client’s use of the Services.

Basically…

Education Marketer is not accountable for economic loss, costs, damages, charges or expenses as a result of our Services.

Force Majeure

Neither party hereto shall be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control including but not limited to fires, strikes (of its own or other employees), insurrection or riots, embargoes, container shortages, wrecks or delays in transportation, inability to obtain supplies and raw materials, requirements or regulations of any civil or military authority (an “Event of Force Majeure”).

Each of the parties hereto agrees to give notice forthwith to the other upon becoming aware of an Event of Force Majeure such notice to contain details of the circumstances giving rise to the Event of Force Majeure.

If a default due to an Event of Force Majeure shall continue for more than 4 weeks then the party not in default shall be entitled to terminate this Agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of an Event of Force Majeure.

Basically…

In the case of an extreme event, like insurrection, neither Education Marketer or the client will be liable for the breach of their obligations.

Data protection

Both Education Marketer and the Client agree that they will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.

Both Education Marketer and the Client acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller and the Provider is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).

The Client will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Provider for the duration and purposes of this agreement.

The Provider warrants and undertakes that it shall, in relation to any Personal Data processed in connection with the performance by the Provider of its obligations under this agreement:

Process that Personal Data only on the written instructions of the Customer unless the Provider is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Provider to process Personal Data (Applicable Laws). Where the Provider is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Provider shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Provider from so notifying the Customer;

Ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Customer, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

Ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and

Not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:

the Customer or the Provider has provided appropriate safeguards in relation to the transfer;

the data subject has enforceable rights and effective legal remedies;

the Provider complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

the Provider complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;

Assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

Notify the Customer without undue delay on becoming aware of a Personal Data breach;

At the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Applicable Law to store the Personal Data; and

Maintain complete and accurate records and information to demonstrate its compliance with this clause (and allow for audits by the Customer or the Customer’s designated auditor).

The Customer consents to the Provider appointing third-party processors of Personal Data under this agreement. The Provider confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party’s standard terms of business.

Basically…

We’re responsible with your data and only hold and process what we need to run services.

Data processing agreement

If you need a Data Processing Agreement with us for the GDPR requirements that apply to us as a data processor for your website, please contact us via email.

Basically…

Let us know what you need.

In summary

The Agreement constitutes the entire agreement between Education Marketer and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Education Marketer may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Basically…

Everything above applies when using Education Marketer products and services.