Terms and Conditions

Data Services Terms of Use (“Terms”)

Updated March 2022

PiE’s Terms are our contract with you. They include our commitment as a service provider and your obligations as a customer.

 

Introduction

Welcome to PiE! We are excited to have you here but before you come on board, we need you to look through and accept these terms.

We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us.

To make things easier, you’ll find summary paragraphs at the top of each section to give you a heads up on what’s coming up. If you have questions or comments after you’ve read these terms, please get in touch by emailing support@payineducation.co.uk  We’d love to help.

 

Definitions and interpretation

This section provides you with a definition of all the key phrases used in the Terms. When you see a word in bold, it will have the same meaning every time it is used and that meaning is described below.

“PiE” and ”Pay in Education” - the provider of Subscription Based Data Services and with whom the contract to provide Subscription Based Data Services is made.

"Subscription Based Data Services/Services" – the tools made available by PiE through the online PiE platform providing the Subscriber with the opportunity to provide or upload Data and access market benchmark reports depending on the level of Subscription chosen.

“Subscriber” - the subscribing school or trust named in the Subscription Quotation and contracting with PiE for Subscription Based Data Services.

"Subscription Quotation” – the quotation issued by PiE which states the fees due for an annual Subscription to the Subscription Based Data Services.

“Subscription" – access granted for a 12-month period to the Subscription Based Data Services.

“Subscription Start Date” - the date the Subscriber is provided with full access to the Subscription Based Data Services. The Subscription commences following receipt of the Fees, receipt of the required Subscriber Data.and validation of the Data by PiE.

“Subscription Period” - twelve calendar months (or other period where expressly agreed by PiE) commencing on the agreed Subscription Start Date or any anniversary thereof in the case of the Subscription renewal.

“Subscription Fees” - the fees provided in the Subscription Quotation and accepted by you and subsequently invoiced by PiE.

“Account Holder” - the employee/contact/representative of the subscribing school or trust who takes prime responsibility for the Subscription.

“Authorised User” – the employee(s) named by the Account Holder, who are authorised to have a username and password to access and use the Subscription Based Data Services in accordance with these Terms, and the Permitted Purpose.

“You” and “Your” - the Account Holder/Subscriber.

“Data” – means all code, data, documents, information, text, drawings, statistics, analysis, diagrams, and images, in any form which the Subscriber may supply (or make available) to Pay in Education which relates to the Subscriber’s organisation and employees.

“Permitted Purposes” – the Subscriber can use the Subscription Based Data Services in line with the Terms and for internal purposes only in the ordinary course of managing and setting pay and reward for its workforce.

"Intellectual Property Rights" - everything we’ve put into our Subscription Based Data Services excluding content owned by others. This includes our know-how, rights in the design, data, system design, our brand names, logos, domain names, trade names, business names, URLs, and the look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property.

“Data Subject, Personal Data, Data Controller and Data Processor” - have the meanings given to those terms in the relevant Laws;

“Confidential Information” - any information which is disclosed by one party to the other whether before or after the start of the Subscription Period, which is designated in writing as confidential or would appear to a reasonable person to be confidential and which relates to any aspect of the party's business, personnel, suppliers, other contracting parties, or other persons in respect of whom a confidentiality obligation may arise.

“We” and “our” - Pay in Education.

‘Subscriber Data’ - role, salary and benefit data for all the Subscriber’s employees which must be submitted to PiE and validated as a condition of access to the Subscription Based Data Services.

 

General

Here are a few basic facts to start your journey through the Terms.

  1. These Terms apply to PiE’s online Subscription Based Data Services on acceptance of a Subscription Quotation.
  2. These Terms and the Subscription Quotation will be regarded as accepted by virtue of receipt of electronic online acceptance, confirmation email to that effect or otherwise from the Account Holder or other authorised contact acting on behalf of the Subscriber. Once accepted, a binding contract is created.
  3. The Subscription Quotation for Subscription Based Data Services incorporate and are subject to these Terms. If a Subscription Quotation amends any of the provisions in these Terms, the provision in the Subscription Quotation prevails.

 

Subscribing to and using PiE Subscription Based Data Services

In this section we explain how to subscribe to and manage access to our Subscription Data Based Services.

  1. Once the binding contract has been created an invoice for the Subscription Fees will be issued and you will be liable to settle the invoice within 30 days.
  2. Subject to the Subscriber fulfilling its obligations under these Terms, accepting these Terms, making prompt payment of all fees, and completing the submission of Data, which is subsequently verified and validated by PiE, a non-transferable Subscription for a limited term of 12 calendar months to Subscription Based Data Services will be granted by PiE to the Account Holder and Authorised Users. All other uses are expressly prohibited.
  3. Access to the Subscription Based Data Services is for Permitted Purposes only and will always be subject to and in accordance with these Terms.
  4. The benefits of the Subscription Based Services vary according to the level of Subscription held, details of which have been published to you. We reserve the right to change the benefits that apply to each level of the Subscription Based Services at any time and without prior notice.
  5. Each school or trust requires their own Subscription and access to the Subscription Based Data Services cannot be shared with or transferred to non-subscribing schools and trusts.
  6. The number of users that can access the Subscription Based Data Services varies according to the Subscription level. You commit to keeping your information and the Authorised Users information (including a current email address) up to date by advising support@payineducation.co.uk of any changes to ensure you can receive full access to Subscription Based Data Services.
  7. You are responsible for providing PiE with true, accurate and complete Subscriber Data and for appropriately and responsibly using any information used from the Subscription Based Data Services. You are also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards, but you will ensure that passwords are very strong and not easily guessable. The stronger the password the better!
  8. We are always thinking about how to make PiE the best it can be, and we regularly expand our services. For new or updated services, there might be additional terms. We’ll let you know what those terms are before you start using those services.
  9. We grant Authorised Users the right to use our services (based on your Subscription type, your user role, and the level of access you’ve been granted) for as long as the Subscriber continues to pay for the Subscription, until the Subscription is terminated.
  10. The Account Holder takes responsibility for controlling how your Subscription is managed and who can access it. For example:

 

Security

We take security seriously and you should too! To help protect our platform and data, we have considered several security features.

  1. We’ve invested in technical, physical, and administrative safeguards to do our part to help keep our platform and systems safe and secure. While we’ve taken steps to help protect the data, no method of electronic storage is completely secure, and we cannot guarantee absolute security. We may notify you if we have reason to believe that someone has accessed (or may be able to access) the platform without authorisation and we may restrict access to certain parts of our services until we can verify that access is by an authorised user.
  2. We may introduce security features to our platform to make your account more secure. Where we make the use of security features optional, you are responsible for any consequences of not using those features. We strongly encourage you to use all optional security features.
  3. You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.

 

Fees, Renewals, Cancellations and Refunds

You pay for a Subscription based on the pricing of your selected plan. The pricing details and other terms of your Subscription are explained when you select your plan during the quotation process. Cancellation requires one month’s notice prior to renewal.

  1. Your intention to renew your Subscription will automatically be activated if you fail to serve notice of your desire to cancel the Subscription, one month prior to the renewal date and you will automatically receive your renewal invoice based on the then current fees for the Subscription type or service(s) you’ve selected on a recurring annual basis until you cancel your Subscription.
  2. To cancel your Subscription, you can email subscriptions@payineducation.co.uk providing a minimum of one month's notice prior to the renewal date. In the event of cancellation, you’ll still need to pay all relevant Subscription Fees up to and including the day of termination which may be the end of the new Subscription period if insufficient notice was served to prevent the annual renewal being triggered.
  3. We may also terminate your Subscription with the same notice but if you violate these terms, we may terminate your Subscription immediately e.g.
    • you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
    • you breach any of these terms and the breach cannot be remedied,
    • you fail to pay the required Subscription Fees.
  4. Subscription Fees may be amended from time to time and are not refundable on cancellation. No refund is due to you if you terminate your Subscription or if PiE terminates it in accordance with these terms.
  5. Once a Subscription is terminated by you or us, your Data is archived, and the data submitted or created by you is no longer available to you. We retain it for a period consistent with our data retention policy, during which, as a Subscriber, you can reactivate your Subscription and once again access your data by paying the Subscription Fees. You can get in touch with us however to have your data removed completely if you wish.
  6. As with any other changes to our terms, changes to pricing plans and related fees won’t apply retrospectively and, if we make changes and you are already a Subscriber, we’ll make every effort to let you know.
  7. To continue accessing our services, you need to make timely payment of your renewal invoices. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we will suspend access to your Subscription until the payment is made.
  8. You may choose to take advantage of additional services that PiE offer such as job evaluation, structure and grading design, reward strategy development or other reward related consultancy projects. These will incur additional fees that we’ll let you know about when you sign up for those services.

 

Maintenance, downtime, and data loss

We really try hard to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss.

  1. We strive to maintain the availability of our services. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken for an extended period, we’ll attempt to notify you in advance but can’t guarantee it.
  2. You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.
  3. Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data.
  4. Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
  5. If you have a problem, we have excellent support material available through our online Resources that should help you with most situations. If you’ve tried these and still need help, you can contact our support team by emailing  support@payineducation.co.uk or use our online chat during business hours.
  6. We frequently release new updates, modifications, and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, or within our services when you log in).

 

Liability and Indemnity

This section is important as it outlines liability terms between us and both Subscribers and Authorised Users, so we urge you to read it closely and in full.

  1. You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
  2. Whilst we try to ensure the information on our website, and advice given is current and correct, no undertaking, representation, warranty, or other assurance, express or implied, is made or given by or on behalf of PiE as to the reliability, accuracy or completeness of the information, opinions, advertising, data or other materials or the advice. No responsibility or liability is accepted by PiE for any such information, opinions, advertising, or data.
  3. Our services are therefore made available on an “as is” basis. Subject to the exclusion in section 39, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
  4. Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

 

Disputes

This section outlines how disputes may be resolved.         

  1. Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team on support@payineducation.co.uk If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court. You and we agree that any dispute must be brought in the parties’ individual capacity.

 

Housekeeping

Here we set out some additional terms. Take a read as they cover important issues.

  1. The data you access through subscribing to our Subscription Based Data Services may provide you with useful information to help you determine appropriate reward methodologies for your school/trust. How you use or interpret that information should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way. You may however choose to contract with us to provide professional advice.
  2. We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
  3. Where the PiE website contains links to other sites and resources provided by third parties, these links are provided for the Subscriber’s information only, as PiE have no control over the contents of those sites or resources.
  4. In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable guarantees). They still apply – these terms do not exclude, restrict, or modify them. Except for non-excludable guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable guarantee says otherwise).
  5. Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other Subscriber.
  6. We will sometimes decide to change these terms, but don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring the date at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your Subscription by giving the standard advance notice to PiE.
  7. If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.
  8. Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion, we mean our sole discretion.

 

Dos and Don'ts

This section is super important because it outlines how you can (and can’t) use our services. Much of it will be common sense. While we can’t cover everything here, we’ve highlighted a few examples.

  1. Do - provide us with feedback: We love your feedback and may use it without restriction.
  2. Do - ask for help using our services: We provide a lot of guidance and support to help you use our services. Please don’t hesitate to ask for help if you need it.
  3. Do - only use our services for Permitted Purposes and in line with the instructions and guidance we provide.
  4. Don’t - undermine the security or integrity of our systems or try to access it without authorisation.
  5. Don’t - use our services in any way that might impair functionality or interfere with other people’s use or infringe any of PiE’s Intellectual Property Rights.
  6. Don’t - introduce or upload anything to our systems that includes viruses or other malicious code.
  7. Don’t - modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer, or extract the source code of any part of our system.
  8. Don’t - Resell, lease, or provide our services in any way not expressly permitted through our services.

 

Data use, privacy, and Intellectual Property Rights

We use your data to provide services to you. Our privacy policy is an important part of these terms and describes in more detail how we deal with personal data, like your name and contact details such as email address.

  1. When you provide, enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your Subscription; and send you information we think may be of interest to you based on your marketing preferences.
  2. The Subscriber understands that it is prohibited from the unauthorised dissemination of personal information. If the Subscriber is required to provide PiE access to Personal Data as defined in prevailing Data Protection legislation, for PiE to provide the Services, the Subscriber agrees to indemnify PiE for the consequences of any breach of data protection legislation.
  3. We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data entered into our systems, like your name and email address.
  4. When you use our Services, we may create anonymised statistical data from your data, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
  5. Where we think there has been unauthorised access to personal data inside your Subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, you may be required to assess whether the unauthorised access must be reported to the data subject and/or a relevant authority. You are best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your Subscription.
  6. PiE has a substantial body of Intellectual Property and own the copyright for everything on the PiE website and everything we’ve put into our Subscription Based Data Services excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify, or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us. None of our Intellectual Property transfers to the Subscriber when they take out a Subscription Based Data Service.
  7. The Subscriber must not use any of the publications provided by PiE for commercial purposes of any kind directly or indirectly, or the tools, materials, and information available on the PiE website as part of the Subscription Based Data Services.
  8. The Subscriber together with the Account Holder and Authorised Users agree not to publish any of the guidance and information provided by PiE which is not already in the public domain or pass it on to third parties.

 

Confidentiality

We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.

  1. While using our services, you may share Confidential Information with us. You and we both agree to take reasonable steps to protect the other party’s Confidential Information from being accessed by unauthorised individuals. You or we may share each other’s Confidential Information with legal or regulatory authorities if required to do so.

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Notices

This section explains how and to who notices should be served.

  1. Any notice you send to PiE must be sent to hello@payineducation.co.uk.
  2. PiE may provide a notice to Subscribers under these Terms by:

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Governing Law and Jurisdiction

We hope there will never be cause for a dispute between us, but if there is, the laws that govern these Terms.

  1. These Terms and any dispute or non-contractual obligation arising out of or in connection with them are governed by and construed in accordance with the laws of England and Wales.
  2. The parties submit to the exclusive jurisdiction of the courts of England and Wales over any dispute arising out of or in connection with these Terms.

 

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