Terms of Service – Kernow Connect

Last Updated: October 2024

These Terms of Service ("Terms") govern the provision of the Kernow Connect software and hosting services ("Services") by JHPDev Ltd ("Provider") to its clients ("Client"). By accessing or using the Services, the Client agrees to these Terms.

1. Services Provided

JHPDev Ltd provides access to the Kernow Connect hosted software application developed and maintained by the Provider. Services include:

• EOTAS (Education Other Than At School) package management platform
• Receipt and bank statement upload and processing with OCR technology
• Budget tracking and financial reporting
• Mileage calculation and route visualization
• Communication facilitation between families and coordinators
• Application hosting, maintenance, updates, and secure data processing
• Technical support during standard business hours

All services are provided under contractual instruction and in compliance with UK data protection laws.

2. Responsibilities of the Client

The Client agrees to:

• Use the Services only for lawful purposes and in compliance with applicable regulations
• Ensure that all data entered or uploaded into the Services is accurate and lawful
• Maintain appropriate authorisations for any personal data processed within the system
• Provide accurate and complete information during account setup and usage
• Maintain the security of account credentials and notify JHPDev immediately of any unauthorized access
• Upload only legitimate receipts, bank statements, and documents
• Not attempt to gain unauthorized access to the Services or interfere with system operations
• Not upload malicious files, fraudulent content, or engage in prohibited activities
• Be responsible for all activities conducted under their account

3. Responsibilities of the Provider

JHPDev Ltd agrees to:

• Implement appropriate technical and organisational security measures to safeguard data
• Ensure the availability and reliability of the Services, excluding events beyond reasonable control
• Provide technical support during standard business hours (Monday-Friday, 9:00-17:00 GMT)
• Comply with the Sub-Processor Agreement and UK GDPR data protection laws
• Maintain encryption at rest and in transit for all client data
• Conduct regular security audits and system updates
• Implement breach response procedures and incident management protocols

4. Service Availability

The Provider aims for 99% uptime excluding planned maintenance or circumstances outside its control, such as:

• Internet outages or connectivity issues
• Force majeure events (natural disasters, acts of war, etc.)
• Third-party infrastructure failures
• Scheduled maintenance windows

Scheduled maintenance will be communicated to clients in advance whenever possible. The Provider reserves the right to modify, suspend, or discontinue features of the Service with reasonable notice.

5. Fees and Payment

• Fees are defined in individual client agreements and service contracts
• Payment is due monthly or annually in advance unless otherwise agreed in writing
• Late payments may result in suspension of service until outstanding balances are cleared
• All fees are exclusive of VAT and other applicable taxes, which will be added where required
• The Provider reserves the right to adjust fees with 60 days' written notice

6. Intellectual Property

The Kernow Connect software, including all code, designs, text, graphics, logos, and other content, is owned by JHPDev Ltd and protected by copyright, trademark, and other intellectual property laws.

Clients retain ownership of data uploaded to the system (receipts, bank statements, etc.). By uploading content, Clients grant JHPDev Ltd a license to store, process, and use the data solely for the purpose of providing the Services.

7. Data Protection and Privacy

Use of the Services is governed by the Kernow Connect Privacy Notice, which details how JHPDev Ltd processes personal data as a Sub-Processor. JHPDev Ltd processes data only under written instructions from the Client (Processor) and in compliance with UK GDPR.

8. Term and Termination

8.1 Term

These Terms remain effective for as long as the Client uses the Services or until terminated by either party.

8.2 Termination by Either Party

Either party may terminate the agreement with 60 days' written notice to the other party.

8.3 Termination for Cause

JHPDev Ltd may suspend or terminate access immediately if the Client:

• Violates these Terms of Service
• Engages in fraudulent, illegal, or harmful activities
• Fails to pay fees within 30 days of the due date
• Breaches data protection or security obligations

8.4 Effect of Termination

Upon termination:

• Client access to the Services will be revoked
• Client data will be securely deleted within 30 days unless retention is required by law
• Clients may request a copy of their data before termination
• All outstanding fees become immediately due and payable

9. Limitation of Liability

To the maximum extent permitted by law:

• JHPDev Ltd shall not be liable for indirect, incidental, special, or consequential damages arising from use of the Services
• The Provider's total liability for any claim shall not exceed the fees paid by the Client in the twelve months preceding the claim
• The Services are provided "as is" without warranties of any kind, express or implied
• JHPDev Ltd is not responsible for data loss, though backup procedures are implemented
• The Provider is not liable for delays or failures due to circumstances beyond reasonable control

10. Indemnification

The Client agrees to indemnify and hold harmless JHPDev Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Client's use or misuse of the Services
• Client's violation of these Terms
• Client's violation of any applicable laws or regulations
• Content uploaded by the Client to the Services
• Unauthorized access resulting from Client's failure to secure credentials

11. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Disputes will be resolved through:

• Good faith negotiation between the parties
• Mediation, if negotiation is unsuccessful
• Litigation in the courts of England and Wales, if mediation fails

12. Changes to These Terms

JHPDev Ltd reserves the right to modify these Terms at any time. Material changes will be communicated by:

• Posting updated Terms on the Kernow Connect website
• Updating the "Last Updated" date
• Notifying Clients via email for significant changes

Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

13. Entire Agreement

These Terms, together with any Sub-Processor Agreement, Data Processing Agreement, and the Privacy Notice, constitute the full agreement between the parties and supersede all prior discussions, negotiations, or understandings.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

15. Contact Information

For questions about these Terms of Service or the Kernow Connect platform, please contact:

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By accessing or using Kernow Connect, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Kernow Connect is developed and owned by JHPDev Ltd.