Additional Terms - Tes Elements Subscription for Institutions

last updated
August 28, 2018

Introduction

These Additional Terms govern your purchase from Tes of a Tes Elements Subscription for Institutions (an "Elements Institution Subscription") from the website: www.tes.com/store/elements (referred to in these terms as the “Elements Website”) and should be read in conjunction with our General Terms found here.

An "Elements Institution Subscription" may refer to either a new Phonics, Spag, Number or Ultimate subscription package.

These Additional Terms also apply to existing schoolwide subscriptions, each of which is also referred to herein as an "Elements Institution Subscription" and each corresponding website as an "Elements Website" until such time as any existing subscriptions expire.

 

Please read both these Additional Terms and the General Terms carefully before you purchase an Elements Institution Subscription. By purchasing an Elements Institution Subscription, you confirm that you accept the General Terms and these Additional Terms, and that you agree to comply with them and you’ll also ensure that all Users at your institution will comply with them.

 

Capitalised terms used but not otherwise defined in these Additional Terms have the meaning given to them in the General Terms.

These Additional Terms and the General Terms (and any additional agreements referred to or contemplated in each of these Terms) represent the entire agreement between us and you. In the event of a conflict between the General Terms and the Additional Terms, these Additional Terms shall prevail over the General Terms.

Without prejudice to our powers under the General Terms, you agree that we may at our sole discretion, without notice to you, terminate or amend the General Terms or these Additional Terms at any time.

References to "you" and "your" are references to the Institution (eg, school) subscribing to the Elements Institution Subscription.

What this means

This introduction describes the terms and conditions that apply to the Tes Elements Subscription for Institutions (as defined below) that you‘ve purchased.

Eligibility

By placing an order for an Elements Institution Subscription on the Elements Website, you warrant that you’re (i) legally capable of entering into binding contracts; and (ii) over the age of 18 years. If we reasonably believe that you’re not over the age of 18, we reserve the right to cancel your order.

What this means

This clause states that you must be 18 years of age to order an Elements Institution Subscription from us.

Your Elements Institution Subscription 

To begin using your Elements Institution Subscription, you must register with Tes School Portal at www.tes.com/recruit/school-portal. You’ll access your Elements Institution Subscription through Tes School Portal.

 

As the administrator of the Elements Institution Subscription you can generate a URL which you can send to Users at your institution who have a Tes account. The Users must click on the link to request access. You can grant access to up to 30 Users.

 

With an Elements Institution Subscription, you’re only permitted to share the materials from the Elements Website with your Users (up to 30 distinct Users).

It’s your responsibility to ensure that only Users at your institution can access the materials from the Elements Website through your Elements Institution Subscription, and to ensure that those Users requesting access have a Tes account.

 

Your order to purchase an Elements Institution Subscription represents an offer to us to purchase a non-transferable, non-exclusive licence to access, use and download materials from the Elements Website.

 

You/your Users aren’t permitted to copy or modify any materials contained on the Elements Website. In addition to the restrictions set out in the General Terms, you and your Users agree not to: (i) share or broadcast any materials contained on the Elements Website with any third party; or (ii) use the materials for any commercial purposes.

In using your Elements Institution Subscription you and your Users must ensure that you retain on all downloaded materials all copyright and other proprietary notices contained on such materials when accessed by you or your Users from the Elements Website.

What this means

This clause explains the ways in which you may make use of your Elements Institution Subscription.

Placing an order for an Elements Institution Subscription on the Elements Website

Your order represents an offer to us to purchase an Elements Institution Subscription. After placing your order, you’ll receive an email from us acknowledging receipt of your order. Please note that this doesn’t mean that your order has been accepted. 

We reserve the right at any time after receipt of your order, up until we confirm acceptance of your order, to decline your order for any reason. 

We’ll confirm acceptance of your order by sending you an email confirming your Elements Institution Subscription account details and containing your invoice. Your Elements Institution Subscription will start at this moment, not when you pay your invoice. At this point has a binding contract been formed between you and us.

What this means

This clause explains what happens when you place an order on the Elements Website and when that order is deemed to have been accepted by us.

Price of your Elements Institution Subscription

The price (inclusive of VAT) of your Elements Institution Subscription will be as quoted on the Elements Website, except in the case of obvious error.

Prices are liable to change at any time, but changes won’t affect existing contracts and orders, which we’ve accepted in accordance with the process outlined above.

Any change in the price of your Elements Institution Subscription will take effect on the commencement of any Renewal Term (as defined below) after the price change has been posted on the Elements Website and notified to you in the Renewal Email (as defined below).

If the Elements Website contains incorrect information, or the Elements Institution Subscription is listed at an incorrect price, due to typographical errors or an error in pricing information, we shall not be under any obligation to provide you with access to the Elements Institution Subscription at the incorrect price, even after we’ve accepted your order, if the pricing error was obvious to a reasonable person. If payment has already been taken for the purchase and your Elements Institution Subscription is cancelled, we shall immediately issue a credit or refund of the amount of the incorrect price.  Alternatively, we’ll give you the option of reconfirming your order at the correct price.

What this means

This clause sets out pricing information in respect of your Elements Institution Subscription.

The duration of your Elements Institution Subscription

Your Elements Institution Subscription shall commence on the date we send you an email confirming acceptance of your order and shall continue for the period of time that you selected when you chose your Elements Institution Subscription package (the "Initial Term"). You must pay the invoice for your subscription within 14 days, or account access will be closed.

We’ll send you an email 28 days prior to the expiry of the Initial Term (or any Renewal Term) reminding you that your Elements Institution Subscription is due to renew and informing you of any increase in the price (the "Renewal Email").

On expiry of the Initial Term (and on every successive expiry of any Renewal Term) the Elements Institution Subscription shall automatically renew for an additional period (however if the invoice isn’t paid in 14 days it will be cancelled), which shall be of the same length of time as the Initial Term (each a "Renewal Term"), unless and until terminated in accordance with the “Terminating your Elements Institution Subscription” paragraph below.

What this means

This clause explains how long your Elements Institution Subscription will last.

Payment

We’ll invoice you for your Elements Institution Subscription, and on every subsequent anniversary of the Initial Term, with payment due within 14 days of receipt of an invoice. Payment can be made by via Bpay, cheque or over the phone by debit or credit card. By making a payment you are confirming that you have permission from your school/the account holder.

If we haven’t received payment within five days after the date payment is due, we may temporarily or permanently disable your access to your Elements Institution Subscription, and we shall be under no obligation to provide any or all of the services relating to the Elements Institution Subscription while any payments remain unpaid. If we don’t receive payment within 14 days after the date payment is due the subscription will be cancelled.

What this means

This clause explains what payment methods you may use.

Terminating your Elements Institution Subscription

Either party may terminate the Elements Institution Subscription on expiry of the Initial Term or Renewal Term (as appropriate) by giving the other party a minimum of 14 days written notice of termination prior to expiry of the Initial Term or the then current Renewal Term. Elements Institution Subscriptions cannot be terminated by you part way through the Initial Term or Renewal Term.

You may terminate your Elements Institution Subscription by emailing help@tes.com.

Nothing in the foregoing shall affect your right to cancel your Elements Institution Subscription during any Free Trial that may apply to your Elements Institution Subscription. However, we reserve the right to limit the number of Free Trials taken up by you consecutively if your Elements Institution Subscription is cancelled during this Free Trial period.

If you haven’t paid for your Elements Institution Subscription within 14 days of the due date for payment, in addition to the above termination rights, we’re entitled to immediately terminate your Elements Institution Subscription.

What this means

This clause explains how you can terminate your Elements Institution Subscription with us.

After your Elements Institution Subscription has been terminated

On termination of your Elements Institution Subscription, you’ll no longer have access to or be permitted to access the Elements Institution Subscription materials on the Elements Website. In addition, you and your Users agree to cease to use any Elements Institution Subscription materials in your/your Users’ possession and destroy all printed and electronic copies of the Elements materials.

What this means

This clause explains what happens after your Elements Institution Subscription has been terminated.

Refunds policy

We’ll refund you the cost of your Elements Institution Subscription if, within 14 days of: (i) the date on which you were sent an email confirming acceptance of your order; or (ii) the start date of any applicable Renewal Term (the "Refund Period"), you contact help@tes.com stating that you’d like to cancel your Elements Institution Subscription and receive a refund.

After the Refund Period, no refunds will be available and you’ll only be able to terminate your Elements Institution Subscription in the manner set out above.

Notwithstanding the foregoing policy, we may grant refunds in exceptional circumstances at our sole discretion. If you wish to discuss an exceptional refund please contact us on our UK helpdesk contact number +44 (0) 2031943164 or at help@tes.com.

What this means

This clause explains the limited circumstances in which we‘ll give you a refund.