SchoolMoney Parent Terms and Conditions

Registered in England, Company No. 07669226 VAT number GB 121226859

Please read this Agreement carefully before you use the SchoolMoney Payment Service. This information forms the Agreement for your use of the SchoolMoney Payment Service. By activating or continuing to use the SchoolMoney Payment Service after publication of this Agreement, you confirm you have read, understood and accept this Agreement. If there is anything you do not understand, please contact Customer Services using the contact details in paragraph 16 of this Agreement. You will at all times remain fully and solely responsible for all use of your SchoolMoney Payment Service. This Agreement will be solely and exclusively between you and us.

Definitions

Agreement – This Agreement as varied from time to time.

App – The application program designed to provide a subset of the SchoolMoney Payment Services on a mobile phone.

Credit Balance – The value of funds topped up onto a Parent Account and available for use on clubs or dinners, depending on the type of credit. This credit is remitted to and held by the school. The balance is tied to the Student, not the Parent Account, so can be used/accessed by other Parent Account holders of the same student.

Community Brands Products – Our products which may include, but not be limited to SchoolMoney, BehaviourWatch, Groupcall Messenger, SchoolPod, Teachers2Parents and WisePay and services provided by us that may include, but not be limited to the Groupcall Xporter, the Assembly Platform, and other professional services provided to our clients. Group – means Community Brands UK Holdings Ltd (“the Company”), any holding company of the Company and any subsidiaries of the Company or of any of its holding companies as defined in section 1159 of the Companies Act 2006 and “Group company” shall mean a member of the Group.

Holding Account – a dedicated bank account managed by us, ring fenced from the business accounts, or Parent Payments prior to remittance to Schools

Information – Information, including Personal Information, provided by you during the SchoolMoney Payment Service implementation process or subsequently, or provided by the School, for the purposes of: our managing and administering the Parent Login and Parent Account services for you; providing other Community Brands Products and Services to you or the School; or providing other products or services subsequently offered to you by us. Parent – you, the party entering this Agreement, as a parent or legally responsible guardian of a Student.

Parent Account – The payment service provided by us, which includes shared Credit Balances owned by the Parents of a student, from which Parent Payments can be made. Parent Login– The area on the Website that allows you to have secure online access to manage your Parent Payments and related information.

Parent Payments – A payment transaction by a Parent to their child’s School, initiated within the Parent Login and paid using a Credit Balance or valid Payment Method, or initiated and paid via a PayPoint Payment.

SchoolMoney Websites – www.eduspot.co.uk, www.schoolmoney.co.uk, sm1.schoolmoney.co.uk, sm2.schoolmoney.co.uk or as communicated by us from time to time.

Password – The password used for identity purposes when using the Parent Login. Payment Method – Various payment methods accepted by us from time to time for the purposes of adding funds to your Parent Account Credit Balance and completing

Parent Payments, whereas Payment Methods may be changed subject to our Fair Use Policy. Currently accepted Payment Methods include credit cards, debits cards and PayPoint Payments.

PayPoint Payment – a Parent Payment Transaction made in cash by Parents, over the counter at PayPoint branded and authorised retailers, agents or terminals, using a valid PayPoint Payment Card or barcode issued by us.

Personal Information – Personal Information as defined within the Data Protection Act 2018 and GDPR.

School – A UK registered educational establishment or related organisation, which is our client and is licensed to use the SchoolMoney Product.

SchoolMoney Payment Service – The service provided by Community Brands UK Holdings Ltd to enable parents to make payments to their child’s school safely and securely online Smart Payments Ltd – Smart Payments Limited, a company registered in England and Wales with number 07669226 and whose registered and trading office is at 2 Darker Street, Leicester, Leicestershire, England, LE1 4SL. In which SchoolMoney is operated under. Students, Child or Pupil – Students registered at Schools whose records may be managed by the School using Community Brands Products.

Transaction – the process by which a Parent makes a Parent Payment or Credit Balance Top Up, via a valid Payment Method, using the Community Brands Products, including any processing or authorisation of the payment.

Transaction Amount – The full transaction amount, including any associated fees.
we, us or our – Smart Payments Ltd and our Group.
you, your – you, the Parent, entering into this Agreement.

2. Scope of this Agreement

2.1. This Agreement is written and available only in English and we undertake to communicate with you in English regarding any aspect of the SchoolMoney Payment service.

2.2. You agree that we may communicate with you by e-mail and/or SMS and/or via the Parent Login and/or via App notifications, for issuing any notices or information about your Parent Account and therefore it is important that you ensure your e-mail address and mobile number provided to us are accurate and are kept up-to-date with the school at all times.

2.3. This Agreement is solely and exclusively between you and us.

3. Product features

3.1. We provide online software products and services to Schools in the UK, to enable Schools to: collect and manage income from Parents for services such as school meals, trips and after school clubs; and for Schools to send messages to and communicate with Parents.

3.2. For Parents of Students at those Schools, we provide a secure Parent Account accessed via the Parent Login or App, which, upon provisioning login details, allows Parents to access information provided by their child’s School and to make Parent Payments to School.

3.3. SchoolMoney Payment Service is the payment service provided by us via which Parents can make Parent Payments to a School.

3.4. The Parent Login and Parent Account will be subject to limits, which may vary from time to time, as outlined in the Fair Use Policy.

3.5. We are not responsible for: the products and services listed by Schools for Parent Payments; any content entered onto the Parent Login by Schools; any content delivered via the Parent Login by till systems or other third party systems used by Schools; or the content of messages or communication sent or delivered via Community Brands Products from Schools.

3.6. Features offered through the Parent Login may include, but may not be limited to: view the students Credit Balance; top up your Credit Balance; view the transaction history of your Parent Account; view payment items entered by Schools for your child; make Parent Payments for payment items entered by Schools for your child; view the transaction history of your child’s school meals account; book school meals and make menu pre-selections; view meal choices made by your child; change or request reset of your Parent Account password. 3.7. Not all features will be available to all Parents, dependent upon the Community Brands Products licensed and in use by the School.

4. Using the Parent Login

4.1. You may only gain access to the Parent Login if you are resident in the UK and your child is registered on roll as a Student at a UK registered School. You must be at least 18 years old.

4.2. You must be the legal parent or guardian with primary responsibility for your child or have permission from the primary legal parent or guardian to hold a Parent Account for that child. We may ask for proof of this legal right and may terminate access to the Parent Login in the absence of this proof.

4.3. During the provisioning of your Parent Account by the School, a valid email address and/or mobile that is legally and securely under your control is to be used as a username for accessing the Parent Login, and for receiving information from us, including, but not limited to: Password resets; notifications; payment receipts; information about the Parent Login and about other Products provided or offered by us.

4.4. During the provisioning of your Parent Account you will be provided with a unique encrypted password. You may change this password once you have gained access to the Parent Login. We may require you to change your Password from time to time.

4.5. The Password should not be revealed to anybody else and it is your responsibility to keep your login details safe and to protect your Password. This includes responsible and secure use of shared computers, such as at home. Your child is not permitted to access the details of your Parent Account or the Parent Login. You should change your Password immediately if you believe it has been compromised. You must notify us immediately if you believe another person may have attempted to access your Parent Account, or intends to attempt to do so.

4.6. We will provide the Parent Login to you on the basis of the Information that you have provided to us or the information your child’s school has provided to us. You agree to provide accurate Information. By providing Information during the activation of your Parent Account, or by continuing to use the Parent Login, you are providing your consent for us to use the Information for: the verification of your identity; the prevention and detection of crime, fraud and anti-money laundering; to provide you with the service activated and registered for; for the on-going administration of the service; to allow us to improve the products and services we offer to our customers; to offer new products and services to you; for research and statistical analysis including payment and usage patterns; to enable us to comply with our legal and regulatory obligations; and any other purposes we may define from time to time in this Agreement or in our Privacy Notice.

4.7. We will not sell or provide your Information to any third party and will only share your Information with our partners solely for the purposes of providing the services, as defined in our Privacy Notice.

4.8. If we are unable to satisfactorily verify your identity and address from information provided by you or provided by your School, we may terminate your access to the Parent Login.

4.9. You are responsible for: the safekeeping of your Parent Account including Password security; all use of your Parent Login; all Information provided from your Parent Account; any Parent Payments and Transactions against your Parent Account; and fees or charges that the Parent Login may incur.

5. SchoolMoney Payment Service

5.1. The SchoolMoney Payment Service is the payment service provided by us for School related purposes via the Parent Login. You do not have to assign funds to your Credit Balance and the Credit Balance can be zero. Your Parent Account cannot be used to make any purchases outside of the Parent Login.

5.2. The Credit Balance cannot be less than zero and we do not offer any credit facility with the Parent Account. Parent Account should not be used to maintain balances not intended to be used for Parent Payments and any Credit Balance is not interest bearing.

5.3. Any Credit Balance amount is not held by us and any Parent Payments into the Credit Balance are paid and stored by the school.

5.4. We may terminate your access to the Parent Login, for a valid reason in accordance with the provisions in this Agreement.

6. Using your Parent Account to place Transactions

6.1. Parent Payments and Credit Balance top ups can be made using any valid Payment Method. Payment Methods used must be linked to valid accounts, to which you have a legal right of use, and which are registered in your name and at your address.

6.2. Credit or debit card payments are usually applied immediately following a successful authorisation of a Transaction from your card. PayPoint payments will usually be applied on the morning following authorisation of your transaction via PayPoint. In some circumstances a delay may occur before a payment is applied to your Parent Account or to a Parent Payment.

6.3. The full Transaction Amount of each club or dinner Parent Payment will be deducted from the respective Parent Account Credit Balance, at the time the Parent Payment request is submitted. Where the Parent Account Credit Balance is zero, a valid Payment Method must be submitted and authorised to complete the Parent Payment. Where the Parent Account Balance is less than the Parent Payment Transaction Value, any relevant Parent Account Credit Balance will be deducted first, with the remaining balance processed against a valid Payment Method.

6.4. Failure by us to deduct the Transaction Amount at the time of the Parent Payment request does not diminish our right to deduct the Transaction Amount at a later time, nor does it diminish your responsibility to pay to us any shortfall, subject to 6.6 below.

6.5. If, for any reason, a Transaction is processed following the submission of a Parent Payment request, for an amount greater than the Parent Account Credit Balance, and a valid Payment Method Transaction is not processed, even if as the result of a system error, you must repay us the amount by which the Transaction Amount exceeds the Parent Account Credit Balance immediately after receiving notification from us. Should you not repay this amount immediately after receiving notification from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.

6.6. We will treat Parent Payments as genuine if initiated from your Parent Account via the Parent Login, defined by the use of your unique email address username and Password combination, or if the transaction was initiated from the App registered to you. Parent Payments completed by anyone with access to your Parent Account will be treated as if authorised by you.

6.7. Once a Parent Payment has been authorised, we cannot change or cancel it. We cannot process any refunds without them being initiated by the School. You may be able to request a refund for Parent Payments by contacting the School. If a School agrees to give a refund for a Parent Payment, whether in full or in part, we will usually credit the original payment method within 10 working days following the refund being processed by the School.

6.8. If any Parent Payments or Parent Account top up transactions are subsequently disputed, we may suspend your access to the Parent Login and your Parent Account and its Credit Balance pending an investigation.

6.9. If disputed transactions are subsequently accepted by you, we reserve the right to charge you an administration fee to cover the costs of the investigation by us.

6.10. If disputed transactions are subsequently proven to be valid and charged back we reserve the right to charge you an administration fee to cover the costs of the charge back to us. You must repay any amount by which the Parent Account Credit Balance would otherwise fall below zero, immediately after receiving notification from us. Should you not repay this amount immediately after receiving notification from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.

6.11. We will report all suspected fraud to the appropriate authorities including sharing transaction data and Information with any relevant parties, to the fullest extent necessary to help prevent and detect crime.

7. School meals

7.1. Community Brands Products provide a range of options to Schools and school caterers for managing and charging school meals and managing school meal balances. Not all features are available within all Schools and in some cases we may not be able to provide a Cashless Catering Balance to Parents, if the School do not use a supported till system or if this information is not made available to our platform in a supported format.

7.2. By using the SchoolMoney Payment Service you consent to the relevant deductions being made from the relevant Parent Account, Credit Balance, as appropriate, for meals taken whereby the amounts owing for school meals will be as indicated to us by the School via their use of Community Brands Products, or by data received by us from a School till system or other third party system used by the School for managing meals.

7.3. We are not responsible for charging of school meals and we do not manage any pricing, charging policies or charging decisions. These are entirely at the discretion of the School or School caterer. Any queries related to meal charging should be raised with the School.

7.4. Where we display any Balance or meal information based on data from a School till system or other third party system, we cannot guarantee the data displayed is accurate or up to date. We are not responsible for any content sent from school till systems or other third party meal management systems and will only display data provided to us in the relevant supported format.

8. Credit Balance Withdrawals

8.1. Parent Account Credit Balances are paid to the school and stored by them, any withdrawals, refunds or queries regarding Credit Balances must be taken up with the school.

8.2. Our Group and/or Smart Payments Ltd accepts no responsibility or liability regarding Credit Balance withdrawals or refunds as these are controlled and authorised by the school.

9. Parent Account closures

9.1. If your child no longer attends a School, you do not have to request to close your Parent Account. Your child data will be archived and subsequently deleted, according to our Data Protection Policy.

9.2. You are entitled to close your Parent Account at any time. To do so you must contact the school who are the administrators of your account.

10. Your liability and responsibilities

10.1. You hereby agree that you will only use the Parent Login, the SchoolMoney Payment Service, and any other products or services we provide to you, strictly in accordance with this Agreement.

10.2. You are responsible for: the safekeeping of your Parent Account including Password security; and all Information provided via your Parent Account and to update any changes to your Information.

10.3. You will remain fully and solely liable for: all use of your Parent Account; all Parent Payments authorised from your Parent Account; and settling any amounts due as a result of using the Parent Login and Parent Account.

10.4. You agree not to copy the Payment Service, SchoolMoney Websites or the Parent Login without our written permission, nor infringe the intellectual property or content copyrights of us or any third parties connected with us nor use your Parent Login access to aid in the development of a competitive product or service, nor will you allow any third party to access the Parent Login for these purposes, and nor will you use the services in connection with any business or commercial purpose.

10.5. You agree to take all reasonable measures to preclude us from being made a party to any lawsuit or claim regarding Community Brands Products or your use of them, and will indemnify us and hold us harmless, from and against the costs of any legal action taken to enforce this Agreement and/or any breach of this Agreement or fraudulent use of the Parent Login and your Parent Account.

11. Our liability and responsibilities

11.1. We provide the services to you subject to your statutory rights but otherwise provided without any warranty or condition, express or implied, except as specifically stated in this Agreement.

11.2. We will use reasonable endeavours to provide the service in an accurate and timely manner and maintain the availability of the service for you, to keep any money held by us as part of a Master Merchant to the school safe and secure, and to hold those funds in a dedicated Holding Account at an onshore UK bank in Pounds Sterling, ring fenced from the main business accounts and protected from creditors, to maintain valid certification under the Payment Card Industry Data Security Standard (PCI DSS), to maintain security of the systems and data in line with appropriate industry standards, and to maintain compliance with the Data Protection Act 2018 and GDPR and to protect Information and Personal Information processed or controlled by us in accordance with paragraph 14.

11.3. We do not guarantee availability of the service and cannot be held responsible for any downtime or difficulties in accessing the service.

11.4. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.

11.5. Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:

11.5.a. We shall not be liable for any default resulting directly or indirectly from any cause

beyond our control, including but not limited to: an inability to process Parent Payments; an inability to process school meal payments; an inability to connect successfully with or exchange data with School systems; and failure of any data processing systems including those of third parties;

11.5.b. We shall not be liable for any loss of profits, goodwill, business, contracts revenue or anticipated savings, or any indirect, consequential, special or punitive losses, even if we are advised of the possibility of such loss or damages;

11.5.c. Where sums are incorrectly deducted from the Parent Account Credit Balance due to our default, our liability shall be limited to our correction of the Parent Account Credit Balance.

11.6. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.

11.7. The above exclusions and limitations set out in this paragraph 11 shall apply to any liability of our affiliates or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.

12. Agreement Variations

12.1. Any changes will take affect at the earlier of 30 days following the date of the updated Agreement being published on the SchoolMoney Websites or your first use of the Parent Login following the updated Agreement being published on the SchoolMoney Websites or Parent Login.

12.2. If you do not agree with the changes to the Agreement, you may at any time within this period terminate your Agreement. However, in the event you do not cancel during this period then you will be deemed to have accepted the changes and they will apply to you.

13. Parent Account termination or suspension

13.1. We can terminate this Agreement at any time if we give you one months’ notice.

13.2. We can terminate this Agreement at any time with immediate effect if you have breached this Agreement or we have reason to believe that you have, or intend to use the Parent Login in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process Transactions due to the actions of third parties.

13.3. We can suspend access to the Parent Login at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if we discover any of the information that you provided to us when you applied for, or updated Information in a Parent Account, was incorrect or if a Transaction has been disputed or reversed without our consent or if you have an arrears which is not rectified immediately upon our notifying you or if you have breached this Agreement or if we have reason to believe that you have, or intend to use the Parent Login in a grossly negligent manner or for fraudulent or other unlawful purposes; if we cannot process your transactions due to the actions of third parties.

13.4. In the event that we do suspend or terminate access to the Parent Login then if we are able to do so, we will tell you in advance otherwise we will let you know immediately afterwards, except where doing so may compromise any on-going investigation or conflicts with industry best practice. We may advise anyone involved in the Transaction if a suspension has taken place, including your Schools.

13.5. Subject to paragraph 9, you can terminate this Agreement at any time by contacting School.

13.6. In the event that any additional fees are found to have been incurred following termination, then subject to this Agreement, you shall refund to us any sum which relates to the SchoolMoney Payment Service including any fees and/or charges validly applied whether before or after termination. We will send an invoice to you and will require you to refund us immediately. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.

14. Your personal data

14.1. You may provide us with Information, including Personal Information, from time to time in connection with the Parent Login, Parent Account or other Community Brands Products or services we provide to you. Some Information will be necessary for us to provide you with the services under this Agreement.

14.2. We and our affiliates are committed to maintaining your Information in accordance with the requirements of the Data Protection Act 2018 and GDPR and will take all reasonable steps to ensure that all personal data is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with this Agreement, your Information will not be passed to anyone without your permission. We can at any time request evidence of identity from you and may use an ID verification agency both prior to and following activation of the Parent Account for this purpose.

14.3. You agree that we can use your Information in connection with the services in accordance with this Agreement. This may involve providing your Information to our partners, affiliates, agents, distributors, and suppliers to process transactions and for their statistical research and analytical purposes. We may also disclose your Information as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.

15. General

15.1. Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.

15.2. If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

15.3. You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.

15.4. No third party who is not a party to this Agreement has a right to enforce any of the provisions in this Agreement.

15.5. This Agreement is governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales.

16. Contacting us

16.1. You can contact Customer Services by email: support@schoolmoney.co.uk. The mailbox is monitored between the hours of 9:00am and 5:00pm, Monday to Friday.

16.2. We aim to respond to all requests within a reasonable timeframe however at busy periods this may take longer. Further details are available on the SchoolMoney Websites.