THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter You or "Your") AND Darrel Technologies Limited (hereinafter "DTECH") GOVERNING YOUR USE OF THE sERP SCHOOL MANAGEMENT AND AUTOMATION SOFTWARE
By using sERP or signing up for an sERP account, you are agreeing to be bound by the following terms and conditions. This is a legal agreement. sERP is a ERP service offered through the URL https://schoolerpghana.com (we'll refer to it as the "Website").
In order to use sERP, you must:
By using sERP you represent and warrant that you meet all the requirements listed above, and that you won't use sERP in a way that violates any laws or regulations. DTECH may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for sERP and continues as long as you use the Service. Clicking the button and entering your account details means that you've officially "signed" the Terms. If you sign up for sERP on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
You or DTECH may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment. If you terminate your account due to DTECH's failure of obligations under the terms, we'll refund a prorated portion of your monthly prepayment. We won't refund or reimburse you if there's cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including user data school records from our Website. If you don't log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of sERP. We may change the Website, the Service, or any features of the Service at any time.
You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to, whether or not you authorized the use. You'll immediately notify us of any unauthorized use of your accounts. We're not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only reset your password.
We don't know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the contact information listed for that account.
Our charges for recurring subscription plans are posted on our Website and may be changed from time to time. If any part of a subscription period is included in the Term, then payment is due for the entire period. Payments are due for any period on the same or closest date to the day you made your first payment (the "Pay Date").
You agree to supply appropriate payment for the sERP service, in advance of the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel your subscription, you will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 5 day grace period, invoices will not be automatically generated. However, after you notify us of your intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.
You will pay the Fees applicable to your subscription to the sERP Service and/or POS Services ("Subscription Fees") and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account ("Transaction Fees"), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, or Third Party Services ("Additional Fees"). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the "Fees".
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify us of your desire to cancel your subscription, you will be billed on a recurring basis, unless otherwise stated in writing by us. We provide a 5-day grace period from the due date of an invoice within which the invoice must be paid for. If payment isn't received for up to 5 days after the due date, your service will be suspended. Additionally, any invoice that is outstanding for 10 days and not paid will result in a late fee of 15% of the total amount due on the invoice, and the account will remain suspended until account balance has been paid in full. The 15% late fee is applied in addition to whatever else is owed, and access to the account will not be restored until payment has been received in full.
If your service remains suspended for up to 21 days after the due date for your last unpaid invoice, your service may be terminated. Once an account has been terminated, it is permanently deleted from our servers and can no longer be restored.
All fees are exclusive of VAT and other applicable tax charges currently in force or enacted in future.
We'll give you a refund for a prepaid month (subscription only) if we stop providing our Services to you for a reason that's not laid out in these Terms or our Acceptable Use Policy. You won't be entitled to a refund from us under any other circumstances.
You will respect our proprietary rights in the Website and the software used to provide sERP service (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don't provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use sERP for a variety of reasons, we can't guarantee that it will meet your specific needs.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won't be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
If we file an action against you claiming you breached these Terms and we prevail, we're entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
We and our Team aren't responsible for the behavior of any advertisers, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Except for conflict of laws rules, the laws of the Republic of Ghana will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the courts in Kumasi, Ghana and each party will be subject to the jurisdiction of those courts.
We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Rights over service, Limitation of Liability, No Warranties, Indemnity, Applicable Laws, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn't enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won't affect the way this Agreement is interpreted.
Amendments or changes to these Terms won't be effective until we post revised Terms on the Website. If we don't immediately take action on a violation of these Terms, we're not giving up any rights under the Terms, and we may still take action at some point.
Because we have so many Members, we can't change these Terms for any one Member or group.
You'll provide all documents and take any actions necessary to meet your obligations under these Terms.
In the event of a security breach that may affect you or anyone on your user's list, we'll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your list, you'll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Darrel Technologies Ltd, AK-192-5424, Bomso, P.O.Box KS16531, Adum, Kumasi or any addresses as we may later post on the Website.
These Terms, our Privacy Policy, Acceptable Use Policy, API Guidelines (all of which are incorporated into these Terms by reference), and any additional terms you've agreed to by turning on specific features ("Additional Terms") make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.
Where there's a conflict between these Terms and the Additional Terms, the Additional Terms will control.
Thanks for taking the time to learn about sERP policies.
