Terms of Use / Condition of Service
Effective Date: 04/02/2022
Please read these Terms of Use ("Terms") carefully before using the Softtenet School Management Portal ("Portal") operated by Softtenet IT ("Softtenet," "us," "we," or "our").
1. Acceptance of Terms
By accessing or using the Portal, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the terms, you may not access the Portal. These Terms apply to all visitors, users, and others who access or use the Portal (collectively, "Users" or "You").
2. User Accounts and Responsibility
- Eligibility: You must be 18 years of age or older and/or possess the legal authority to form a binding contract on behalf of the school/institution you represent.
- Registration: When you create an account, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms.
- Security: You are responsible for safeguarding the password and credentials used to access the Portal and for any activities or actions under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- Authorized Use: Accounts are licensed for the sole use of the registered school/institution and authorized staff, students, and parents/guardians thereof.
3. Subscription, Payments, and Billing Integrity (CRITICAL CLAUSE)
3.1. General Payment Obligations
Access to certain features of the Portal is contingent upon payment of the applicable subscription fees ("Subscription"). You agree to pay all fees and charges incurred in accordance with the billing terms in effect at the time the fee or charge becomes payable.
3.2. Prohibited Billing Circumvention (Billing Integrity Clause)
Softtenet maintains the right to monitor account usage to ensure fair billing and compliance with subscription limits.
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Circumvention: Any registered User, institution, or individual who attempts to **outsmart, circumvent, or bypass** Softtenet's official billing system, subscription payment processes, user limits, feature restrictions, or licensing mechanisms (including, but not limited to, sharing access credentials to avoid additional licenses, manipulating user counts, or using unauthorized means to extend access) is in direct violation of these Terms.
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Consequences: In the event Softtenet IT determines, in its sole discretion, that a User has violated this clause, Softtenet IT reserves the immediate right to take one or more of the following actions:
- Immediate Suspension/Termination: The User's access and the entire institution's portal access may be immediately suspended or permanently terminated without prior notice.
- Financial Penalty: The User/institution will be liable to pay an administrative fine determined by Softtenet IT, which may include back-billing for the period of circumvention and a penalty fee.
- Legal Action: Softtenet IT reserves the right to pursue any and all available legal remedies to recover damages and unpaid fees.
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Reactivation: If the Portal is suspended, reactivation will only occur upon full payment of all outstanding fees, including the administrative fine, if applicable, and written assurance of future compliance.
4. Intellectual Property and Content
- Softtenet's IP: The Portal and its original content, features, and functionality (excluding User-provided content) are and will remain the exclusive property of Softtenet IT and its licensors. They are protected by copyright, trademark, and other laws.
- User Content: You retain ownership of any data or content uploaded by you or your Users (e.g., student records, timetables) ("User Content"). By uploading User Content, you grant Softtenet IT a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the User Content solely for the purpose of operating and providing the Portal service to you.
5. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms, particularly Section 3. Upon termination, your right to use the Portal will immediately cease. If you wish to terminate your account, you may simply discontinue using the Portal.
6. Limitation of Liability
In no event shall Softtenet IT, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Portal; (ii) any conduct or content of any third party on the Portal; (iii) any content obtained from the Portal; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
7. Governing Law
These Terms shall be governed and construed in accordance with the laws of Federal Republic of Nigeria, without regard to its conflict of law provisions.
8. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use our Portal after those revisions become effective, you agree to be bound by the revised terms.
9. Contact Us
If you have any questions about these Terms, please contact us at:
- Email: softtenet@gmail.com
- Address: Jos, Plateau State.
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