By using the ampEducator web site (“Service”) of ampEducator Inc (“ampEducator”), the (“Client”) is agreeing to be bound by the following terms and conditions (“Terms of Service”). “Content” refers to any data type that is posted to the account.
ampEducator reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute Client consent to such changes. Client can review the most current version of the Terms of Service online at any time at www.ampeducator.com.
Violation of any of the terms below will result in the termination of Client account. While ampEducator prohibits such Conduct and Content on the Service, Client understands and agrees that ampEducator cannot be responsible for the Content posted on the Service and Client nonetheless may be exposed to such materials. The Client agrees to use the Service at Client risk.
Account Terms
- Client must be 18 years or older to use this Service.
- Client must provide Client legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Client login may only be used by one person — a single login shared by multiple people is not permitted. Client may create separate logins for as many people as the Client requires.
- Client is responsible for maintaining the security of Client accounts and passwords. ampEducator cannot and will not be liable for any loss or damage from Client failure to comply with this security obligation.
- Client is responsible for all Content posted and activity that occurs under Client accounts (even when Content is posted by others who have accounts under Client accounts).
- Client may not use the Service for any illegal or unauthorized purpose. Client must not, in the use of the Service, violate any laws in Client jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading, Downgrading
- If Client initially signs up and Client does not cancel that account within 30 days, Client will be billed monthly starting on the 30th day after Client accounts were initially created. If Client cancels prior to the processing of Client first invoice on the 30th day, Client will not be charged.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Client shall be responsible for payment of all such taxes, levies, or duties.
- Client is responsible for cancelling the re-occurring monthly credit card payment from within the software as part of the Service cancellation policy. ampEducator does not assume and is not responsible for cancelling any re-occurring payments on behalf of the Client. Client understands that it must de-activate the monthly payment by accessing this function from within the software Dashboard > Institution > Financial > Credit Card Setup section as part of the Service cancellation policy.
Cancellation and Termination
- Client is solely responsible for properly canceling Client accounts. A phone request to cancel Client accounts is not considered cancellation. Client can cancel Client accounts at any time in email to support@ampeducator.com subject to verification for security and as such ampEducator requires 30 days notice of account cancellations.
- Upon cancellation Client has a one-time opportunity after 30 days of the date of cancellation to request that Client data stored with ampEducator be provided to Client in the format of Client choice (additional charges may apply). ampEducator by providing this service to Client does not in any way warrant or guarantee that the data provided to Client is complete or accurate other than in the current state on the date of cancellation. ampEducator does not accept any responsibility for loss of data after the retrieval process and will not provide any further data retrieval or backup beyond the 30 days notice of cancellation.
- All Client Content will be permanently deleted from the Service on the 30th day after the Client notification of cancellation is received and the information can not be recovered after this date.
- If Client cancels the Service before the end of Client current paid up month, Client cancellation will take effect immediately and Client will not be charged again.
- ampEducator, in its sole discretion, has the right to suspend or terminate Client accounts and refuse any and all current or future use of the Service, or any other ampEducator service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of Client accounts or Client access to Client accounts, and the forfeiture and relinquishment of all Content in Client accounts. ampEducator reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- ampEducator reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the ampEducator Site (www.ampeducator.com) or the Service itself.
- ampEducator shall not be liable to Client or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material Client provides to the Service. Client profile and materials uploaded remain property of the Client. However, by providing other users with access, Client agrees to allow others to view and share Client Content.
- ampEducator does not pre-screen Content, but ampEducator and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
Excessive & Fair Use Policy
- Flat rate or unlimited use plans are offered subject to Client using the service under an ordinary or fair range of use and in a way that does not consume excessive network capacity and/or adversely affect ampEducator ability to provide Service to other users on the Service.
- By way of example and not limitation, the following are considered by ampEducator to be outside of an ordinary or fair range of use thereby consuming excessive network capacity: (a) any document file type that uses excessive network capacity (b) excessively large user requirements not properly or previously disclosed to ampEducator at time of original sign up that result in excessive network capacity (c) Conduct of any Client to purposely consume excessive network capacity and/or adversely affect ampEducator ability to provide Service to other users.
- Bandwidth limit will be set to 5GB per month per Client account each additional GB per month will be $0.22 cents outgoing and $0.08 cents incoming.
- Storage limit will be set to 5GB per Client account with each additional GB to be $0.50 per GB.
- ampEducator will notify and may immediately suspend or terminate all or part of the Services and the Service Agreement if it determines that customer is using a flat rate or unlimited use plan outside of an ordinary or fair range of use as determined solely by ampEducator, acting reasonably on behalf of all Client accounts.
Email and SMS Use Policy
- Client will not send “spam,” and "spam" by definition: "send the same message indiscriminately to (large numbers of recipients) on the Internet".
- Client will ensure that recipients of Email/SMS sent via the Service understand that they can at any time 'Opt-Out" by clicking 'Unsubscribe" or texting "STOP" to the Service or by emailing any administrator to be removed.
- Client will not use purchased, rented, or third-party lists of Email/SMS data.
- Client will not violate our Excessive & Fair Use Policy, which is part of the Terms.
- Client represents and warrants that use of Service will comply with all applicable laws and regulations.
- Client is responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If Client is subject to regulations then Client agrees that Service is not liable if Service does not meet those requirements. Client may not use Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce. If Client is located in the European Economic Area (EEA) or send to anyone in the EEA, Client represents and warrants that in creating Client Email/SMS distribution list, sending Emails/SMS via Service, and collecting information as a result of sending Emails/SMS, Client: Will clearly describe in writing how Client plans to use any data collected, including for Client use of Service. Client will get express consent to transfer data to Service and be processed, and Client will otherwise comply with whatever privacy policy Client has posted. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where Client is sending any form of Email/SMS through Service. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. Client has the necessary permission to allow Service to receive and process data and send communications to that individual on Client behalf. Agree to indemnify and hold Service harmless from any losses, including attorney fees, that result from Client breach of any part of these warranties.
- Oral agreement to receive messages does not qualify as consent you must get all recipients to 'Opt-In' using electronic methods provided by Service. The Client understands that the Service does not provide a method to record oral agreements to receive messages.
Contracts
"Contract(s)" means the on-demand electronic signature Contract generator of the Service, which provides online display, certified delivery, acknowledgement, electronic signature, and storage services for electronic documents via the Internet.
"Envelope" means an electronic record containing one or more electronic documents consisting of a single page or a group of pages of data uploaded to the System.
"User" means any individual granted access by the Client to Contract(s) in the Client Service.
"Signer" means a person designated by a Client assigned User to access and/or take action upon the electronic documents sent to such individual(s) via Contract(s).
"System" refers to the software systems and programs, the communication and network facilities, and the hardware and equipment used by ampEducator Inc. or its agents to make available the Contract(s) service via the Internet.
"Transaction Data" means the metadata associated with an Envelope (such as transaction history, image hash value, method and time of Envelope deletion, sender and recipient names, email addresses, and signature ID(s) that ampEducator Inc. may use to generate and maintain the digital audit trail required by Contract(s).
ampEducator Inc.’s provision of Contract(s) is conditioned on Client’s acknowledgement of and agreement to the following:
- Contract(s) facilitates the execution of electronic documents between the parties to those electronic documents. Nothing in this Service may be construed to make ampEducator Inc. a party to any electronic documents processed through Contract(s), and ampEducator Inc. makes no representation or warranty regarding the transactions sought to be effected by any electronic documents.
- Between ampEducator Inc. and Client, Client has exclusive control over and responsibility for the content, quality, and format of any electronic documents. Without limiting the foregoing, all electronic documents, together with any messages included within an Envelope, stored by ampEducator Inc. on the System are maintained in an encrypted form, and ampEducator Inc. has no control of or access to their contents except to the extent access is requested in writing and made available by Client to ampEducator Inc..
- Certain types of agreements and documents may be excepted from electronic signature laws (e.g. wills and agreements pertaining to family law), or may be subject to specific regulations promulgated by various government agencies regarding electronic signatures and electronic records. ampEducator Inc. is not responsible or liable to determine whether any particular electronic documents is (i) subject to an exception to applicable electronic signature laws; (ii) subject to any particular agency promulgations; or (iii) can be legally formed by electronic signatures.
- ampEducator Inc. is not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, ampEducator Inc. is not responsible for or liable to produce any of Client’s electronic documents or other documents to any third parties.
- Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. ampEducator Inc. does not and is not responsible to: (i) determine whether any particular transaction involves a “consumer;” (ii) furnish or obtain any such consents or determine if any such consents have been withdrawn; (iii) provide any information or disclosures in connection with any attempt to obtain any such consents; (iv) provide legal review of, or update or correct any information or disclosures currently or previously given; (v) provide any such copies or access, except as expressly provided in the Documentation for all transactions, consumer or otherwise; or (vi) comply with any such special requirements.
- Client undertakes to determine whether any “consumer” is involved in any electronic documents presented by its Users for processing, and, if so, to comply with all requirements imposed by law on such electronic documents or their formation.
- Client agrees that its assigned Users have authority to provide ampEducator Inc. with and accept from ampEducator Inc. any required authorizations, requests, or consents on behalf of Client with respect to Client’s Account.
- Client agrees it is solely responsible for the accuracy and appropriateness of instructions given by it and its personnel to ampEducator Inc. in relation to the Services, including without limitation instructions through its Account as made by the assigned Administrator.
- Client may elect to utilize a digital certificate, service, or process that authenticates a signer’s identity or the authenticity of a document as part of a Contract(s). If that digital certificate, service, or process is provided by anyone other than ampEducator Inc., even where the digital certificate, service, or process is chosen from a menu from within the ampEducator Inc. Services, Client agrees that it is solely responsible for determining the reliability, validity, and legality of that third party digital certificate, service, or process and agrees that ampEducator Inc. is not responsible to determine whether any such digital certificate, service, or process is reliable, valid, or legal.
