Learning Link terms and conditions
These terms and conditions override any contrary terms or conditions published by us in relation to any Learning Link subscription between you and us.
Definitions and interpretation
1.1听听听听听听 The following terms have the references set out below:
鈥淕overning Board鈥听refers to trust boards, governing bodies and academy committees.
听鈥淪ubscription Period鈥听means a period of twelve calendar months (or other period where expressly agreed by the 海角社区)
鈥淒ata Subject, Personal Data, Data Controller and Data Processor鈥听shall have the meanings given to those terms respectively in the relevant Laws;
鈥渊辞耻鈥听and 鈥測our鈥听means and refers to the Governing Board of which you are a member听and which you represent
鈥淲e鈥 and 鈥渙ur鈥 and 鈥渦s鈥听refers to the 海角社区
Learning Link Benefits
2.1听听听听听听 We reserve the right to change the benefits that apply to the Learning Link subscription at any time and without prior notice.
2.2听听听听听听 A subscription provides access to all Learning Link modules 鈥 full list of modules.听听
2.3听听听听听 海角社区 shall be entitled to make such changes, issue updates, remove, amend or add content to the Learning Link platform as it shall in its absolute discretion determine and without notice.
2.3听听听听听听 Each school, trust or organisation requires their own subscription.听Access to Learning Link cannot be shared across schools, trusts or organisations who are not Learning Link subscribers, except in cases where a number of schools share one governing board.
2.4听听听听听听 Each school, trust or organisation is responsible for updating the details of their governors/trustees and clerks,听to ensure that they can receive their full benefit entitlement, and to ensure that any governors/trustees who no longer require access to Learning Link are removed.听Your nominated account administrators can update the details through the membership management section of the 海角社区 website. Further information about how to do this can be found in the FAQs.
2.5听听听听听听 The number of people that can access Learning Link is limited to 20 users per board.
Additional Services
海角社区 shall, where reasonably requested to do so, and on terms to be agreed between both parties, provide the following additional services subject to availability of resources: a range of web application software development, training, editorial and e-learning services and consultancy services.
海角社区 shall charge the Client in advance for the provision of the 鈥榓dditional services鈥, in accordance with fees or rates agreed prior to the provision thereof.
Subscription Contract
3.1听听听听听听 Learning Link subscription costs are subject to change on an annual basis every听January.
3.2听听听听听听 When submitting an application for a Learning Link subscription or subscription renewal whether online or by some other means, you will be required to accept these terms and conditions. Our acceptance of your application which will create a legally binding contract between you and the organisation you govern and the 海角社区 incorporating these terms and conditions.
3.3听听听听听听 Once the contract has been created you will be liable to pay the subscription fee.
3.4听听听听听 You agree that 海角社区 is not responsible for take-up of the services by individual Governors or schools or governing boards, and accordingly no discounts or rebates shall be given in respect of Governors for whom the services have been made available, but who have not registered on the Learning Link platform or used the services.
3.4听听听听听听 Your 12-calendar month subscription for the subscription period will start on the date of registration or agreed date for commencement of your subscription.
3.6听听听听听听 The subscription period will be 12 calendar months.听Thereafter, the subscription shall be automatically renewed for successive periods of the same length unless you notify 海角社区 of termination, in writing, at least 30 days before the end of the renewal period.听 Upon notice of termination the membership shall terminate upon the expiry date of the initial period or renewal period as applicable.
3.7听听听听听听听 We reserve the right to terminate your subscription on written notice if you fail to pay any amount due under this subscription on the due date for payment and remains in default over 30 days after an outstanding payment reminder has been issued.
3.8听听听听听 In the event of termination of your Learning Link subscription for any reason, you shall pay in full for the services up to and including the date of termination.
3.7听听听听听听 An invoice will be issued prior to the subscription renewal date.
Cancellation and Refund
4.1听听听听听听 Cancellation of the Learning Link subscription should be made in writing to听enquiries@nga.org.uk
4.2听听听听听听 Subscription fees are not refundable on cancellation.
4.3 听听听听听听海角社区 shall be entitled to retain electronic copies of all data relating to Governors for one year, to enable it to maintain a deactivated learner record for those Governors so that in the event the school resubscribes to Learning Link, the governor鈥檚 training record can be reactivated
Data Protection
5.1听 听 听 听Each party shall where applicable only process Personal Data as defined in Section 1 (1) of the Data Protection Act 2018 for the purpose of fulfilling its obligation under this contract or in accordance with the express written instructions of the other.听 海角社区鈥檚 Membership Privacy Notice can be found on the 海角社区 website.听
5.2听 听 听 听海角社区 will only process data that is relevant to 海角社区 membership services and is required in order to deliver 海角社区 membership services. A full list of 海角社区 membership services can be found on the 海角社区 website.
5.3 海角社区 shall:
5.3.1听 听 听 听process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments;
5.3.2听 听 听 take all appropriate technical and organisational measures against the unauthorised or unlawful processing of the Personal Data and against the accidental loss or destruction of, or damage to, the Personal Data;
5.3.3听 听 听 notify the Client immediately if it becomes aware of any unauthorised or unlawful processing, loss of, damage to or destruction of the Personal Data;
5.3.4听 听 听 not store, process or transfer any Personal Data outside of the European Economic Area; and
5.3.5听 听 听 ensure that all staff and others involved with processing any Personal Data, including Access Group, are subject to a relevant duty of confidentiality in respect of the Personal Data.
5.4 The following types of Personal Data of the user may be shared between the parties during the term of this Agreement:
- full name
- email address
- telephone/mobile number(s)
- job role(s)
- governance role(s)
- school(s) at which they govern, clerk or otherwise represent
- when they became a user
- when they ceased to be a user
- information provided about themselves in connection with their membership or in connection with their use of the membership portal of the 海角社区 website.
(鈥淪hared Personal Data鈥).
5.5听 听 听 听The Client shall ensure that adequate consent has been obtained from Governors, Trustees and Clerks in order to perform 海角社区鈥檚 obligations and that a copy of such consent is retained for as long as is reasonably necessary (and not more).
5.6听 听 听 听海角社区 shall procure that the following organisations or their successors shall implement and maintain during the subsistence of this Agreement all reasonable security measures to ensure that Personal Data provided by the Client or its Governors may not be subject to unauthorised access, alteration or deletion. These organisations will be bound by the same data protection conditions as are included in these terms and conditions:
- Spire Business Management Systems (海角社区鈥檚 database provider)
- Surftech IT (海角社区鈥檚 IT services provider)
- Mentor Digital (海角社区鈥檚 web developers)
- Virtual College (海角社区鈥檚 e-learning provider).
5.7听 听 听 听Each party must ensure compliance with applicable national data protection laws at all times during the Term of this Agreement.
5.8听 听 听 听Each party warrants that it has a valid registration with the Information Commissioner鈥檚 Office which, by the time exchange of any Shared Personal Data is expected to commence, covers the intended data sharing pursuant to this Agreement, unless an exemption applies.
5.9 Each party warrants and undertakes that it will:
5.9.1听 听 听 听process any Shared Personal Data in compliance with all applicable Laws, enactments, regulations, orders, standards and other similar instruments that apply to its Personal Data processing operations;
5.9.2听 听 听 听make available upon request to data subjects who are third party beneficiaries a copy of this Agreement, unless the clause contains confidential information;
5.9.3听 听 听 听respond within ten working days and as far as reasonably possible to enquiries from the relevant data protection authority in relation to the Shared Personal Data;
5.9.4听 听 听 听respond to Subject Access Requests in accordance with the privacy and data protection laws;
5.9.5听 听 听 听where applicable, maintain registration with all relevant data protection authorities to process all Shared Personal Data for the Agreed Purpose
5.10听 听 听 听 海角社区 will securely process data throughout the term of the agreement.