Terms and Conditions for the Provision of Services
1.Terms of service
1.1 Eliis Tarkvara OÜ (hereafter referred to as "the service provider") and the joined education institution (hereinafter: kindergarten) and the ELIIS-Estonian Kindergarten Internet-based Information System user who is related to the kindergarten (hereinafter: the User) (hereinafter also: separately as party or together as parties) there is a valid service contract (hereinafter: the contract) between the parties. The purpose of the agreement is to enable the use of ELIIS (hereinafter: service) to kindergarten and user in accordance with these conditions.
1.2 The service provider provides the service 24 hours a day and 7 days a week, except during the maintenance periods specified by the service provider (hereafter: scheduled maintenance).
1.3 The service provider notifies the kindergarten about scheduled maintenance for at least 5 in advance, indicating the beginning and the expected end of the maintenance period. For service and development or upgrading of the version, the service provider may restrict access to ELIIS at least 2 times a month, 1 day at a time, notifying the kindergarten at least 5 days in advance.
1.4 The Service Provider has the right to unilaterally modify and supplement the content of the service, provided that the service maintains the function of the class diary.
1.5 The Service Provider makes every effort to ensure that the content of the service is manageable, secure and technically faultless.
1.6 If there is a mistake in the software required for the provision of the service (hereinafter: the system) or in the information about kindergarten that has been entered in the system (hereinafter: data), the kindergarten must inform the service provider at the ELIIS e-mail address firstname.lastname@example.org.The above should be done by a designated and authorized person in the kindergarten (hereafter referred to as "the administrator") whose task is to manage the data of the kindergarten and to grant user rights in the name and responsibility of the kindergarten. The service provider sends an acknowledgment of receipt of the error message to the administrator and information on the type and criticality of the error within the working day following the receipt of the error message.
1.7 The Service Provider shall ensure that a critical error that affects the day-to-day operation of the service application is corrected within 4 business days. Non-critical errors are fixed by the service provider during regular system upgrades.
1.8 The service provider may obtain the services and services necessary for the provision of the service from third parties, while ensuring the confidentiality of the data.
2. Use of the service
2.1The Kindergarten activates the service itself by submitting a digital application to service provider for registering an educational institution on the ELIIS website. The Kindergarten is responsible for the accuracy of the provided information and data.
2.2 The administrator authorizes users to use the service and with application opens access to the service (hereinafter: user account). The administrator assigns the user specific rights (hereafter roles) to use the service and arranges for users, if necessary, training.
2.3 The Kindergarten is responsible for the distribution of roles. Each role assigned by the administrator is considered correct.
2.4 The Service Provider is not liable for damage, including damage to third parties caused by the kindergarten and / or the user (for example, if it is carelessly transmitted through user ids and passwords or password and user ids are made available to unauthorized persons).
2.5 ELIIS users and the kindergarten are responsible for keeping their user account information secret and protected from third parties. Users and the kindergarten are also responsible for the damage caused by the violation in the foregoing. For security reasons, it is recommended to sign in with ID card in ELIIS.
2.6 The Kindergarten is liable for damage caused by its roles, including violating or attempting to violate the data of the kindergarten or the ELIIS system.
2.7 The Service Provider has the right unilaterally and unknowingly, temporarily or definitively to close the User Account if it attempts or attempts to do the following:
violating of data or ELIIS system;
violating existing legislation;
Violating good practices for online communication, such as sending spam, viruses, etc.
creating an unusual burden to the ELIIS system;
Other damage caused.
2.8 The parties are obliged to immediately inform the other party of the danger or from the security or stability of the service. In case of such a risk, the service provider has the right unilaterally and without notice to modify the parameters agreed upon by ELIIS and its hosting configuration. The service provider undertakes to inform the kindergarten as soon as possible about the extent and expediency of the changes made.
2.9 The user of the service can order additional training by price agreement. The duration of additional training is 2 hours.
3. Data and intellectual property
3.1 The Kindergarten is responsible for all the entered data and their processing in the Republic of Latvian in accordance with applicable legislation and best practices.
3.2 The service provider will ensure that the data is backed up on a regular basis.
3.3 The service provider undertakes to provide the data stored in the kindergarten on the data carrier, if the client requests so. The medium must have data from the kindergarten's accession to ELIIS until they are handed over, in a format that allows them to be read without the ELIIS system. Storing the data, the service provider is guided by the legislation force in the Republic of Estonia
3.4 The Service Provider undertakes to take all possible measures to prevent third parties from accessing the data. The service provider also undertakes to ensure that the service is operated in such way that the user account can only access data that is assigned to that specific user role.
3.5 The Service Provider shall not provide third parties with any information other than as provided in the legislation in force in the Republic of Estonia. The service provider has the right to issue summary extracts from the data to the education authorities and the Ministry of Education and Research.
3.6 The service provider has the right to retain the data.
3.7 In accepting this agreement, the user allows the service provider to send both systemic and service-related and messages that are accordance with the communication principles to e-mail address related to the user's account. The user can opt-out of non-system messages by clicking on the link for that message in the footer of the messages.
4.1 The Kindergarten pays a monthly fee to the service provider for the use of the service (hereinafter: service charge) according to the current price list of the service provider (available at the Internet address:https://www.eliis.org/pricing.). The service provider is obliged to inform in writing the kindergarten about the increase in the price not less than 3 months in advance, except the increase not due the service provider.
4.2 The first two months are free of charge. (Hereinafter: trial period).
4.3 The price of the service depends on the number of classes in the kindergarten.
4.4 The service provider has the right to authorize a third party to submit bills to kindergarten for the use of the service. The service provider will inform the kindergarten about the authorization of the third party.
4.5 The Kindergarten has the right to verify the correctness of the service fee and compliance with clause 1.2 of the agreement. If the parties identify the non-compliance of the submitted invoices with the agreement, the service provider will settle the expense of the following month.
4.6 If the discount on the service fee is agreed in the middle of the payment period, the discount will come into effect from the next billing period. The new discount will not effect already sent out invoices.
5.1 The service provider ensures that all licenses and permissions required for the provision of the service are available. They must comply with the applicable copyright laws and intellectual property laws.
5.2 Under the agreement, the service provider provides a non-exclusive, time-limited and kindergarten based license to the kindergarten that allows to use service within the limits of the intended functions. The kindergarten is not entitled to authorize the use of the service by third parties who are not related to the kindergarten, ie nursery staff, parents and children with custody rights
6. Contract terms
6.1 The trial period is two months.
6.2 The beginning and end of the trial period are fixed in the contract. During the trial period, the parties have a possibility to cancel the contract within the 14-day notice period.
6.3 As soon as the trial period expires, the contract will automatically be terminated indefinitely.
6.4 The agreement will take effect when the kindergarten and the user have accepted the agreement. The contract is for an indefinite period.
6.5 The parties have the right at any time to cancel the agreement unilaterally by notifying the other party in writing at least 3 months in advance.
6.6 In the event of termination of a kindergarten contract, the service provider shall immediately submit the invoice for the entire period of unpaid duration, taking into account the date of termination of the contract.
6.7 The Service Provider has the right to suspend unilaterally the access to the service or to not comply with the notice period and end the contract, if:
6.7.1 A nursery or kindergarten user violates the terms and conditions of the contract and / or causes otherwise damage to the service provider or doesn´t help to prevent or stop it.
6.7.2 The Kindergarten fails to fulfill the financial obligations specified in Chapter 4 of the Agreement to the Service Provider for three consecutive months or delay payments for more than 45 days.
6.8. To terminate the contract, a digital declaration signed by a legal person with an ID card or a signed written application must be sent to the other party.
7. Compelling force
7.1 In the case of compelling force, the time limits provided in the contract shall be extended by the during time which was caused by compelling force and it did not allow the service to be provided or used.
8. General settings
8.1 In concluding a contract, the kindergarten also accepts the price list, which is available at : https://www.eliis.org/pricing.
8.2 Depending on the context, the singular terms defined in the contract may refer to the plural and the terms in the plural may refer to the singular.
8.3 The headings and numbers are included in the agreement only to facilitate understanding and have no independent meaning
8.4 The Service Provider may modify the terms of the contract, including the price list and / or the notification principles. The service provider notifies it at least 3 months in advance and publishes the new conditions at the Internet address https://www.eliis.ee/pricing.. If the user or kindergarten uses the service after changing the terms, he agrees to the new terms.
8.5 The parties have the right to assign all or part of the rights and obligations arising from the agreement to third parties with the prior consent of the second party.
8.6 The Agreement shall be governed by the legislation of the Republic of Estonia.
8.7 Disputes arising from the implementation of the Agreement shall be resolved through peaceful negotiations. If no agreement is reached, disputes will be settled in Harju County Court
Privacy and security in ELIIS
ELIIS takes your privacy and personal data protection very seriously. In order to use ELIIS safely, we keep up to date with our privacy principles both our employees and those responsible for administering ELIIS.
Eliis Tarkvara OÜ is registered in the Data Protection Inspectorate (AKI).
When entering a foreign e-mail address on your profile, you can make your account and personal information visible to a non-existent person. To avoid misunderstandings, we recommend you to carefully check the accuracy of your personal information.
To use ELIIS, your computer must have enabled cookies, which allows to remember the session and help you navigate on the page. In order to protect ELIIS from unauthorized access and information in the ELIIS for unauthorized modification, breach or disclosure, we use SSL to encrypt the data exchange. This ensures that all data is securely transferred from your computer to the ELIIS server.
Eliis Tarkvara OÜ may satisfy the requirements for the disclosure of personal data in cases prescribed by law, if it helps to prevent violations of the law or service conditions.
The privacy principles of ELIIS are changing with the development of the Internet, and therefore, we also sometimes need to upgrade them. About updates, we will notify all kindergartens who use ELIIS by e-mail, or we will send you a notice in the ELIIS web site.
You can read more about privacy here: https://www.eliis.org/privacy.