Terms and Conditions
Placing an order for 4Matrix indicates acceptance of our terms and conditions.
1. About this Software
1.1 4Matrix is a networked software application (the “Software”) which can be installed on a school network within a single institution with the purchase of an annual licence. Once the licence has been purchased, the Software may be downloaded and installed. The Software will be automatically updated and maintained by us on each occasion that it is run.
2. Scope of use of this Software
2.1 4Matrix can be used within a single school, institution or other education establishment (the “Institution”) by all employees of the Institution. It may also be used by those employees when they are away from the school through the deployment of any one of a number of methods for remotely accessing school software.
2.2 It is forbidden for the Software that is licenced for the use of one Institution to be used in another Institution. It is not permitted to pass on the Software, or knowledge of how to download it, to any person who is not an employee of the Institution, or who is not acting on their behalf.
3.1 The Software will make use of information that falls into the category of ‘sensitive’ data.
Sensitive data may include information about the pupils of an Institution, or information about the employees of the Institution.
3.2 Data that is potentially sensitive is stored within the Software. The Software maintains the confidentiality of this data by requiring users to log into the Software using identifying information supplied by the school to its employees. The Software runs across a school network and operates within the security provided by the school's policy and practice regarding information held on the school network.
3.3 Associates and employees of New Media Learning Ltd do not have access to the sensitive data which resides inside the Software when it is in use within an Institution. Under most circumstances there will be no need for our associates or employees to view a school’s data. There are possible exceptions to this. A school may request our technical staff to view a school’s computer screen so as to find a solution to a technical problem; or an associate might incidentally view a school’s data when providing training within an Institution. Our policy in such situations is:
a. not to make any copies of any data that a school may wish to share with us unless it has first been anonymised, and;
b. to disregard all data that we may view on screen by accident in the course of training or in the course of providing support.
4. Privacy and Security
4.1 The Company respects the privacy of the users of its software. No personal or contact information will be passed on to any other person or organization without their permission, or unless we are required by law. The exception to this is that we are often asked by schools to supply the names of other schools using the Software in their area. It is our policy to provide a list of schools with a similar postcode at our discretion, but not to pass on contact details. We do not encourage potential users to contact existing users and we ask them to note established courtesies should they wish to make an approach.
4.2 Personal information or bank account details made available to us during the course of purchase will be kept confidential by us and not passed on to any other person or organisation. This information is regarded as restricted and it can only be accessed by persons within the Company authorised to process such information.
5.1 All designs, features and methods for the 4Matrix software are the copyright of New Media Learning Ltd. (the “Company”). We assert our unique right to ownership of the key designs, appearance, methods and functions of the 4Matrix software.
5.2 Intellectual Property: No permission is granted for any re-use of this software, or alteration to its code, re-use of its methods, or the creation of look-alike products that make use of the intellectual property intrinsic to the function and design of the 4Matrix software.
5.3 Training Materials: The licence for 4Matrix includes access to a range of materials (the “Materials”) that we have produced to support the use of the Software in schools. These Materials are our copyright. The Materials may be used within the Institution only by employees of the school for the purpose of training. No permission is granted for these Materials to be used outside of the Institution or for these Materials to be copied and circulated outside of the Institution, or by giving them to a person who is not an employee of the Institution.
6. Payment Policy
6.1 Fair Purchase Policy: We wish to ensure that all our customers are completely satisfied with their purchase of the Software. To further this wish, we provide a fair purchase policy that allows an Institution to order and try the software for a free period before that Institution makes payment of the order that it has placed. Experience has shown that we need to guard against spurious requests for free use of the Software when there is no intention to purchase the Software. To do so we require potential new customers to place a provisional order on behalf of their Institution before we allow access to the Software.
We also provide substantial information on our website to inform the purchaser of the range of functions in the Software, so that they might place an order with a reasonable knowledge about the product. On placement of an order we provide a free period of use for the purchaser to ensure themselves that the Software functions as described and that they are completely satisfied with their purchase. In return, we expect the Institution to make every effort to try out the software during this free period of use and is they are completely satisfied, to ensure that payment is received by us by the start of the licence period. As a small business, we aim to set a good example by placing a high priority on paying invoices as soon as they are received - and always on the day of receipt - and we would encourage other organisations to do the same whenever possible.
6.2 A 30-day period of free use: When an order is received by an Institution we send details of how to download and use the Software and a provisional invoice to the Institution. A 30-day period of free use is provided. This period may be extended by us when it spans a significant holiday period. This free period of use is designed to provide time for the Institution to install and use the software, and to assure itself that it is satisfied with the functions of the Software. Institutions should ensure that they only order the Software when they know they will be able to try it in the 30-day free period of use. We would not normally issue a second free period of use if the institution places an order but does not install and try the Software during the 30-day free period of use. At the end of this 30-day period of free use the licence will become effective on condition that payment has been received by this date.
6.3 Confirmation of the order: During this 30 day free period of use of the Software the institution should have installed and tried the Software and verified that it wishes to complete the purchase. The Institution should confirm the order by making payment within the 30-day period, or by notifying us of the date when payment can be expected. Please note that the supply of an order number does not constitute payment.
6.4 A 30 day payment period: Payment is due by the start if the licence period, which will normally be at the end of the free 30-day period of use. Upon receipt of the payment a licence (the “Licence”) will be issued for a period starting from the end of the free use period and ending at a specified future date. (the “Licence Period”). If the Institution wishes to complete the purchase of the Software but knows that payment will not be received by us by the start of the licence period, then the Institution must notify us in writing of the day by which we will receive payment. Licences will not be activated until payment is received.
6.5 The Licence is a contract: The Licence forms a contract (the “Contract”) between the Company and the Institution by which the Company will continue to provide and maintain the Software in a working state and the Institution is authorised to make use of the software within the Institution. The Contract will apply for the duration of the Licence Period.
6.6 Right to cancel an order: If during the 30 day period of free use an Institution decides that it does not wish to continue with the order it should notify us and we will cancel the order.
6.7 Unpaid orders: If an Institution does not pay the invoice within the 30 day period, or doesn't contact us to notify us of their wishes, the invoice will become unpaid. Once an invoice becomes unpaid we will request a confirmation from the school, either that it is making a late payment or that it wishes to cancel the order. If we do not receive a reply from the school we will cancel the invoice and suspend the school’s account with us. We are not obliged to re-open an account at a later date where we have incurred administrative costs arising from an unpaid order.
6.8 Re-order after cancellation: If a school cancels their order during or after a free 30 day period of use, and at a later date places a new order for the software, we will not be obliged to provide another free period of use, and we shall expect payment to be made before we issue the Licence for the software.
6.9 Renewal: A school can choose each year if they wish to renew their licence. There is no obligation to renew the Licence. We will send a reminder and a provisional invoice one month before renewal is due. However, the school should inform us out of courtesy if they don’t wish to renew, ideally before the renewal date has become due. If we are unable to confirm a school's wishes in relation to continuation of the licence then we will close a school's account 30 days after the renewal date.
6.10 Payment Options: We prefer that payment is made by BACS. However, we can also receive payment by cheque made out to the details provided on the invoice. We do not have facilities for handling a credit or debit card. It is important that payment details include the invoice reference number so that we are able to issue a Licence. The invoice reference number is a unique identifier. Please note that we have many examples of school names that are very similar to the name of another school. We receive a significant number of BACS payments where it is not possible to identify the school or the invoice. Please note that we do not accept liability for any loss of service in cases where we are unable to issue a Licence.
6.11 Termination of a Licence and refund policy: Once payment has been received the Licence will be issued and the Licence Period will begin. At this time the Contract between the Company and the Institution comes into effect and will operate for the Licence Period. If the Institution wishes to terminate the Contract during the Licence Period the following procedure will apply:
- a. The Institution must notify the Company in writing that it wishes to terminate the Contract.
- b. The Institution must provide a reason for wishing to terminate the Contract.
- c. The Company may agree to terminate the licence if it considers that the reason for termination is reasonable. If we do not agree to the termination of the Contract, the Licence will continue to run for the Licence Period.
- d. If the Company agrees to terminate the Contract, the Licence will be withdrawn and a maximum refund will be made to the value of one half of the Licence fee paid reduced pro-rata to the time remaining on the licence.
- e. In exceptional circumstances we may agree to terminate the contract and make a full pro-rata payment of the time remaining on the licence, but this will be wholly our decision.
- f. When making a refund we reserve the right to subtract from the refunded amount a sum of £50 towards recovering our administrative costs for setting up, and then cancelling a licence, and for correspondence with the school about their decision to cancel the licence.
7. Maintenance and development of the Software
7.1 Our policy is one of continuing development and improvement of the function of the Software and the features available. As a consequence, the Software may become changed from the Software as it was when it was ordered. Changes are packaged in the form of Updates and these are applied automatically when the Software is launched.
7.2 New features: No additional costs will be levied to the Institution for any new features or updates which are added during the Licence Period. The exception to this is when a new feature become available which is optional to the described performance of the software, and additional payment will be required if the customer chooses to make use of such features. Such features may be made available on a trial basis and at no additional cost for a limited period of time, after which an additional payment will be needed in order to continue to make use of this feature. We will make it clear when a feature falls into this category.
7.3 Changes in the Software: We release improvements and new features on a regular basis and provide documentation which describes these changes. The purchasing Institution must accept that the software may change as it is improved and that users may need to learn to use new features, or new ways of using existing features. Under no circumstances will we accept requests for a Termination of Licence should a customer not approve of any changes that we have determined are necessary.
7.4 Faults: We do not assert that the Software is free of programming faults. If the Software develops such faults the Institution should notify us and we will seek to remedy the fault. Our liability is limited to providing a solution to the fault. We do not accept any responsibility for any subsequent actions or issues arising from the discovery of the fault.
If we are unable to resolve the fault, for example if there are features of a school’s network that prevents the software from working as designed, then we may consider cancelling the Licence and making a pro-rata refund of the time remaining on the licence.
The responsibility lies with the Institution to ensure that Updates are able to download and install correctly. We will not accept any liability for inaccuracies or faults that are found as a result of a school continuing to make use of out-of-date Software when there are newer updates available. Users are notified of Updates via our news page and on social media. We also strongly recommend that users request email notification by logging in to their account and assigning a 'Newsletter Contact'.
7.5 Changes by the Government: The Government has from time-to-time introduced new requirements which have led to changes to the way that data is managed and reported by schools. These changes have meant that we have had to introduce corresponding changes to the Software so that schools are able to accede to the Government’s new requirements. .
Schools may request such changes to be made to the software to meet these requirements. We aim to seek to make such changes to the Software to reflect any new requirements which are introduced. However, it may not always be possible to make such changes fast enough - for technical or other reasons - to meet with the timescales required by government, or the wishes of schools. Furthermore, such changes may be outside the scope of what our software was designed to do. Where a school has requested changes to the Software, we will note such requests, but we are not bound to provide that which is requested.
7.6 Keeping up with changes: When an Institution decides to purchase a licence for the Software it does so based on what the Software does at the time of purchase. Under the terms of the licence the Institution does not have any right to expect the Software to do anything additional or to function differently from when the Software was purchased. Although it is our aim to keep the Software up-to-date and responsive to any changes that may be introduced to the requirements upon schools for using data, the purchasing Institution has no rights to expect such changes to be reflected by changes in the Software.
7.7 Requests from school for changes: We receive a large number of requests from schools to make changes to the Software, or to add new features to it. The desire from some schools for new features can be very strong and we are sometimes challenged to provide a date by which a particular request can be accommodated. Whilst we welcome this feedback and the enthusiasm of our users for change, it is for the Company alone to determine a priority for any new developments. It must be understood by our users that we may decide not to implement any particular request made to us, however important the user may feel their request is.
7.8 Responsibility for accuracy: The Software has had an exceptional track record for providing accuracy in the way that it calculates totals and reports using school performance indicators. However, we do not guarantee that the Software will always provide results considered to be accurate, and the Institution should always independently verify the totals and other information reported by the Software.
There may be calculation errors in the Software. It is also possible for users to make changes to the way that the Software makes calculations through the use of the edit tools in the Software, and we would have no control over this. We may also not have implemented any particular calculation that a user might be expecting the software to perform, and users should always check the documentation to understand the scope of any feature of the software. We accept no responsibility for the consequences of reporting the information produced by the Software. Our liability is limited to finding and fixing any errors found.
7.9 Schools' use of example KS3 templates: In our 'Library' area of the web site, we provide completed templates as examples of schools' Schemes of Work. Please note that we have no responsibility for the content or appropriateness of these files. It is intended that schools should refer to these examples as a source of ideas in constructing their own Schemes of Work, and not adopt them for use without scrutiny.