ECT Manager Terms of Service (last updated 27/09/21)
By using the ectmanager.com web site ("Service"), a service of Evolution Internet Limited, ("Evolution Internet"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Evolution Internet 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 your consent to such changes.
Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk and you understand and agree that Evolution Internet cannot be responsible for the content posted on the Service.
- Each of your users should have their own log in. A single login shared by multiple people is not permitted. You may create separate logins for as many people as required.
- An Appropriate Body administrator is responsible for authorising the first Induction Coordinator's login at each school to ensure control of the school users.
- Each of your users are responsible for maintaining the security of their own username and password. Evolution Internet cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. It is each user's responsibility to keep his/her password confidential, and to change the password on a regular basis.
- You are responsible for the security of any data that is downloaded, printed or viewed via any device.
- You are responsible for all content posted and activity that occurs under your account including content posted by your schools.
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- ECT Manager is sold per Appropriate Body. If your organisation manages ECT induction for multiple Appropriate Bodies each would need its own version of the system. An Appropriate Body is determined by the individual Secure Access Organisation ID as issued by the Teaching Regulation Agency.
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without warranty of any kind.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Evolution Internet, or any other Evolution Internet services.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Evolution Internet.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Evolution Internet customer, member, or employee will result in immediate account termination.
- You must not upload, post, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You expressly understand and agree that Evolution Internet shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Evolution Internet has been advised of the possibility of such damages), resulting from your or your agents' acts or omissions which result in:
- the use or the inability to use the Service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Service;
- or any other matter relating to the service.
- Evolution Internet reserves the right to suspend or cancel an account's access to any or all services provided by Evolution Internet, where Evolution Internet decides that the account has been inappropriately used. Evolution Internet reserves the right to refuse service to anyone.
- The failure of Evolution Internet to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Evolution Internet and govern your use of the Service, superseding any prior agreements between you and Evolution Internet (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to email@example.com
Payments and Refunds
ECT licence pricing and set up costs are per Appropriate Body. An Appropriate Body is determined by the individual Secure Access Organisation ID as issued by the Teaching Regulation Agency.
The Service is invoiced in advance on the 1st of each month and is non-refundable. (If the Service starts mid-month your first invoice will be pro rota) There will be no refunds or credits for ECTs that leave part way through the month, partial months of service, downgrade refunds, or refunds for months unused with an open account.
You will be invoiced according to the number of ECTs that are active on your system (this may include any ECTs who have left but remain un-archived and ECTs that are on hold or suspended). You are responsible for ensuring your leavers, passed or failed ECTs are archived on the system using the Teaching Regulation Agency (TRA) report function or manually (if they are non-English trained ECTs).
For new Appropriate Bodies you will be invoiced for the set-up cost immediately after your training date and your monthly invoicing will commence from the agreed ‘go live’ date.
Payments terms are 30 days' from date of invoice. Please note we do not accept cheques, payment should be made by bank transfer.
All costs are subject to an annual increase of 2.5% on 1st September.
In order to treat everyone equally, no exceptions will be made.
Cancellation or Account Changes
- 30 days' written notice is also required to cancel or make any changes to your account.
- You are solely responsible for properly cancelling your account. Please contact Marie Stack on 01622 831292 or firstname.lastname@example.org. It is your responsibility to ensure your communication is received and acknowledged.
- Upon cancellation, you will be required to download any data you need to keep. All your data will be removed from the system 60 days' after notice is given. This data cannot be recovered once your account is cancelled.
- Evolution Internet reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of agreement. If a customer contravenes Evolution Internet's terms of service a refund will not be issued in the event of a cancellation.
Modifications to the Service and Prices
- As part of our continuing endeavour to keep the Service performing, to be as efficient and user-friendly as possible and to keep up to date with any changes to the standards, we will continue to develop the Service and to update it periodically. All feedback from Appropriate Bodies will be taken into consideration and prioritised accordingly.
- Appropriate Bodies will be made aware of any updates at least 24 hours beforehand, except in the case of an emergency.
- Scheduled updates will take up to half an hour to complete. During this time, the Service will be unavailable.
- All updates to the standards from the standards from the TRA will be completed once confirmation is given and will be ready before they are due.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 60 days' notice from us.
Copyright and Content Ownership
- Any content posted on the Service must comply with copyright law.
- Evolution Internet does not pre-screen content, but Evolution Internet has the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
- The look and feel of the Service is copyright©2021 Evolution Internet. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, visual design elements or architectural design without express written permission from Evolution Internet.
- ECT Manager is hosted in the UK.
- Evolution Internet Ltd have a Business Continuity & Disaster Recovery Policy should an event occur that requires this.
- With the Service, we aim to deliver the highest possible levels of up-time. Uptime of 99% is guaranteed.
- Please note: 99% uptime guarantee does not include scheduled hardware maintenance - normally conducted outside of working hours
- Evolution Internet shall not be liable for any interruptions to the services or outages arising directly or indirectly from:-
- interruptions to the flow of data to or from the Internet;
- Changes, updates or repairs to the network or software which it uses as a platform to provide the services;
- the effects of the failure or interruption of services provided by third parties;
- factors outside of Evolution Internet's reasonable control;
- Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
- Problems with Your equipment and/or third party equipment;
- Interruptions to the services requested by You.
- Support to Appropriate Bodies is by phone, email or using the Helpdesk.
- Emails and helpdesk tickets will be answered within 24 hours, during the normal working hours of 9-5, Monday to Friday.
- Phone calls, wherever possible, will be dealt with as they come in, but if level 2 support, the development team, is required, then the call will be responded to within 24 hours during the normal working hours of 9-5, Monday to Friday.
- If it is felt the support requested by an Appropriate Body administrator is excessive the administrator may be asked to repeat the training.
- Although Evolution Internet owns the code, databases, and all rights to the ectmanager.com application, you retain all rights to your data.
- All data is owned by the Appropriate Bodies. The Appropriate Body is the Data Controller.
- All data is backed up every six hours and then encrypted and backed up daily off-site in two separate locations.
- We keep a rolling 14 day back-up of data.
- The Appropriate Body is responsible for ensuring the data is accurate and up to date.
- The Appropriate Body is responsible for deleting data from the system in line with data retention guidelines.
- Any information stored on the system will not be shared with any third party unless one or more of the exemptions identified in the General Data Protection Regulation (GDPR) apply.
- In the unlikely circumstance that an incident occurs Evolution Internet will alert the Appropriate Body immediately of any data breaches.
- If the Appropriate Body require Evolution Internet to provide them with a copy of data or delete any data on their behalf there will be a charge for this. Evolution Internet Ltd require 10 working days' notice to complete these requests.
See also Data Agreement (at the end of these Terms of Service)
- The software and the servers are kept as secure as possible. We regularly carry out security audits (external and internal) to ensure that the maximum levels of security are maintained.
- Personal data is processed in a manner that ensures its security. This includes protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.
- If any vulnerability is found, they are fixed and uploaded immediately.
- ECT Manager is compatible with the latest Critical Security Updates
- Evolution Internet Ltd have Cyber Essentials certification.
Newsletter System (if applicable)
- You may not use the newsletter system to send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene, or which are not compliant with General Data Protection Regulation or other Data Protection regulations.
- You may not use the newsletter system to send messages causing annoyance, inconvenience or anxiety to another user of the Internet.
- You may not use the newsletter system to send messages for the purpose of Fraud and /or with the intention of committing a criminal offence.
- Evolution Internet is committed to complying with the GDPR. We strive to protect your privacy.
- To allow you to carry information across pages of our website.
- To monitor our website traffic and analyse how our website works. This will allow us to make changes to the website in the future and make it easier to use.
- You have the ability to accept or decline cookies by modifying the settings in your browser. The majority of browsers will allow the user to alter the settings used for cookies. The help menu on your browser will have further details. Please remember that turning cookies off will restrict your access to ectmanager.com.
- If you have your browser is set to disable all cookies then you may not be able to access some parts of ectmanager.com. If your browser is set to prompt you when cookies are being used, you will have to answer "yes" when prompted to gain full access.
Data Subject Requests
In the normal course of its business Evolution Internet will collect personal information from customers, for the purposes of provision of service and invoicing. Under the Data Protection Act a data subject is entitled to a copy of the information we hold about them. This will be provided free of charge after reasonable proof of identity. Please write to the address below for a request form. Similarly, if a data subject would like any information held about them deleted this will be completed free of charge after reasonable proof of identity. Please also write to the address below for a request form.
Data Protection Officer
Evolution Internet Ltd
Key Personnel Responsible for Data Protection
The following named individuals are designated Key Personnel who will be handling and processing the specified personal data and who will assume responsibility for data protection (including notification where appropriate), security and confidentiality, and compliance with all relevant legislation.
Organisation: Evolution Internet Limited
- Name: Gareth Brown - Managing Director
Office Address: Hill View, Bell Lane, Biddenden, Kent, TN27 8LD
Telephone number: 01622 831292
Email address: email@example.com
- Name: Marie Stack – Data Protection Officer
Office Address: Hill View, Bell Lane, Biddenden, Kent, TN27 8LD
Telephone number: 01622 831292
Email address: firstname.lastname@example.org
Complaints Escalation Procedure
We aim to give outstanding service and value for money, however we recognise that from time to time issues can arise that need to be escalated. We are committed to resolving any such issues as quickly and efficiently as possible. The following section gives information on how to contact us, and what to do if you have a complaint.
Step one: how to contact us
If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our Customer Support team, you may send your complaint in writing to:
Appropriate Body Account Manager
Evolution Internet Ltd
You should expect to receive a response to your complaint within 14 days' of us receiving your correspondence.
Step two: what we will do
On receipt of your complaint our Appropriate Body Account Manager will thoroughly investigate any issues raised and propose a course of action for resolution.
Step three: if you are not satisfied
If you are not satisfied with the response you have received from us, you should send a letter detailing your complaint to:
Evolution Internet Ltd
You should expect to receive a response to your query within seven working days' of us receiving your correspondence.
Step four: what we will do
On receipt of your complaint our Managing Director will thoroughly investigate any issues raised and propose a course of action for resolution.
These Terms of Service shall be governed and interpreted pursuant to the laws of the England and Wales, notwithstanding any principles of conflicts of law.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
Evolution Internet Ltd - Data Agreement
THIS AGREEMENT is made on
- Company Name: Evolution Internet Ltd (hereinafter referred to as “the provider”)
(2) Appropriate Body Name:
(hereinafter referred to as “the customer”)
New data protection legislation came into force in 2018, to protect the privacy of all EU citizens and prevent data breaches. It applies to any public or private organisation processing personal data. Established key principles of data privacy remain relevant in the new Data Protection Legislation but there were also a number of changes that affected commercial arrangements, both new and existing, between providers and customers.
The Data Protection Legislation comprises: i) the General Data Protection Regulation
(GDPR) which comes into force on 25 May 2018; and ii) the Data Protection Act (DPA) 2018
which is anticipated to come into force (subject to Parliamentary approval) on 6 May 2018 for law enforcement processing, and 25 May for GDPR.
Party: a Party to this Agreement;
Agreement: the Contract;
Law: means any law, subordinate legislation within the meaning of Section 21(1) of the
Interpretation Act 1978, bye-law, enforceable right within the meaning of Section 2 of the
European Communities Act 1972, regulation, order, regulatory policy, mandatory guidance or code of practice, judgment of a relevant court of law, or directives or requirements with which the Provider is bound to comply;
Provider Personnel: means all directors, officers, employees, agents, consultants and
contractors of the Provider and/or of any Sub-Contractor engaged in the performance of its
obligations under this Agreement.
GDPR CLAUSE DEFINITIONS:
Data Protection Legislation: (i) the GDPR, the LED and any applicable national
implementing Laws as amended from time to time (ii) the DPA 2018 to the extent that it relates to processing of personal data and privacy; (iiii) all applicable Law
about the processing of personal data and privacy;
Data Protection Impact Assessment: an assessment by the Controller of the impact of the
envisaged processing on the protection of Personal Data;
Controller, Processor, Data Subject, Personal Data, Personal Data Breach, Data
Protection Officer: take the meaning given in the GDPR;
Data Loss Event: any event that results, or may result, in unauthorised access to Personal
Data held by the Provider under this Agreement, and/or actual or potential loss and/or
destruction of Personal Data in breach of this Agreement, including any Personal Data
Data Subject Access Request: a request made by, or on behalf of, a Data Subject in
accordance with rights granted pursuant to the Data Protection Legislation to access their
DPA 2018: Data Protection Act 2018;
GDPR: the General Data Protection Regulation (Regulation (EU) 2016/679);
LED: Law Enforcement Directive (Directive (EU) 2016/680).
Protective Measures: appropriate technical and organisational measures which may
include: pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity,
availability and resilience of systems and services, ensuring that availability of and access to
Personal Data can be restored in a timely manner after an incident, and regularly assessing
and evaluating the effectiveness of the such measures adopted by it;
Sub-processor: any third Party appointed to process Personal Data on behalf of the
Provider related to this Agreement
- DATA PROTECTION
1.1 The Parties acknowledge that for the purposes of the Data Protection Legislation, the
“Customer” is the Data Controller and Evolution Internet Ltd, the “Provider” is the Data Processor. The only processing that the Provider is authorised by the Customer to do is listed in Annex 1 and will not be determined by the Provider.
1.2 The Provider will notify the Customer immediately if it considers that any of the
Customer's instructions infringe the Data Protection Legislation.
1.3 The Provider will provide all reasonable assistance to the Customer in the
preparation of any Data Protection Impact Assessment prior to commencing any
processing. Such assistance may, at the discretion of the Customer, include:
(a) a systematic description of the envisaged processing operations and the
purpose of the processing;
(b) an assessment of the necessity and proportionality of the processing
operations in relation to the Services;
(c) an assessment of the risks to the rights and freedoms of Data Subjects; and
(d) the measures envisaged to address the risks, including safeguards, security
measures and mechanisms to ensure the protection of Personal Data.
- The Provider will, in relation to any Personal Data processed in connection with
its obligations under this Agreement:
- process all Personal Data only in accordance with Annex 1, unless
the Provider is required to do otherwise by Law. If it is so required the
Provider will promptly notify the Customer before processing the Personal
Data unless prohibited by Law;
(b) ensure that it has in place Protective Measures to protect against a Data Loss
Event having taken account of the:
(i) nature of the data to be protected;
(ii) harm that might result from a Data Loss Event;
(iii) state of technological development; and
(iv) cost of implementing any measures;
(c) ensure that:
(i) the Provider Personnel do not process Personal Data except in
accordance with this Agreement (Annex 1);
(ii) it takes all reasonable steps to ensure the reliability and integrity of any
Provider Personnel who have access to the Personal Data and
ensure that they:
(A) are aware of and comply with the Providers duties under this
(B) are subject to appropriate confidentiality undertakings with the
Provider or any Sub-processor;
(C) are informed of the confidential nature of the Personal Data and
do not publish, disclose or divulge any of the Personal Data to any
third party unless directed in writing to do so by the Customer or
as otherwise permitted by this Agreement; and
(D) have undergone adequate training.
(d) not transfer Personal Data outside of the EU unless the prior written consent of
the Customer has been obtained and the following conditions are fulfilled:
(i) the Customer or the Provider has provided appropriate safeguards in
relation to the transfer (whether in accordance with GDPR Article 46 or
LED Article 37) as determined by the Customer;
(ii) the Data Subject has enforceable rights and effective legal remedies;
(iii) the Provider complies with its obligations under the Data Protection
Legislation by providing an adequate level of protection to any Personal
Data that is transferred (or, if it is not so bound, uses its best
endeavours to assist the Customer in meeting its obligations); and
(iv) the Provider complies with any reasonable instructions notified to it in
advance by the Customer with respect to the processing of the
(e) at the written direction of the Customer, delete or return Personal Data (and
any copies of it) to the Customer on termination of the Agreement unless the
Provider is required by Law to retain the Personal Data.
- Subject to clause 1.6, the Provider will notify the Customer immediately if it:
(a) receives a Data Subject Access Request (or purported Data Subject Access
(b) receives a request to rectify, block or erase any Personal Data;
(c) receives any other request, complaint or communication relating to either
Party's obligations under the Data Protection Legislation;
(d) receives any communication from the Information Commissioner or any other
regulatory authority in connection with Personal Data processed under this
(e) receives a request from any third Party for disclosure of Personal Data where
compliance with such request is required or purported to be required by Law;
(f) becomes aware of a Data Loss Event.
1.6 The Providers obligation to notify under clause 1.5 will include the provision of
further information to the Customer in phases, as details become available.
1.7 Taking into account the nature of the processing, the Provider will provide the
Customer with full assistance in relation to either Party's obligations under Data
Protection Legislation and any complaint, communication or request made under
clause 1.5 (and insofar as possible within the timescales reasonably required by the
Customer) including by promptly providing:
(a) the Customer with full details and copies of the complaint, communication or
(b) such assistance as is reasonably requested by the Customer to enable the
Customer to comply with a Data Subject Access Request within the relevant
timescales set out in the Data Protection Legislation;
(c) the Customer, at its request, with any Personal Data it holds in relation to a
(d) assistance as requested by the Customer following any Data Loss Event;
(e) assistance as requested by the Customer with respect to any request from the
Information Commissioners Office or any consultation by the Customer with
the Information Commissioner's Office.
1.8 The Provider will maintain complete and accurate records and information to
demonstrate its compliance with this clause. This requirement does not apply where
the Provider employs fewer than 250 staff, unless:
- the Customer determines that the processing is not occasional;
(b) the Customer determines the processing includes special categories of data
as referred to in Article 9(1) of the GDPR or Personal Data relating to criminal
convictions and offences referred to in Article 10 of the GDPR; and
(c) the Customer determines that the processing is likely to result in a risk to the
rights and freedoms of Data Subjects.
1.9 The Provider will allow for audits of its Data Processing activity by the Customer
or the Customer’s designated auditor.
1.10 The Provider has a designated data protection officer if the Customer requires details of this individual they should contact the Provider.
1.11 Before allowing any Sub-processor to process any Personal Data related to this
Agreement, the Provider will:
- notify the Customer in writing of the intended Sub-processor and processing;
- obtain the written consent of the Customer;
(c) enter into a written agreement with the Sub-processor which give effect to the
terms set out in this Schedule such that they apply to the Sub-processor; and
(d) provide the Customer with such information regarding the Sub-processor as
the Customer may reasonably require.
1.12 The Provider shall remain fully liable for all acts or omissions of any Sub-
1.13 The Provider may, at any time on not less than 30 Working Days’ notice, revise
this addendum by replacing it with any applicable clauses or similar terms forming part of an applicable certification scheme (which shall apply when incorporated by attachment to this Agreement).
1.14 The Parties agree to take account of any guidance issued by the Information
Commissioner’s Office. The Provider may on not less than 30 Working Days’
notice to the Customer amend this agreement to ensure that it complies with any
Guidance issued by the Information Commissioner’s Office.
1.15 The Provider’s Terms of Service state the roles and responsibilities of both the Provider and the Customer when using the system.
Annex 1 - Schedule of Processing, Personal Data and Data
Subject matter of the Processing - Online system providing Newly Qualified Teacher (ECT) Induction management.
Duration of the Processing - The data is on the system from initial registration by the school until 6 years after they have completed the induction. It is then the responsibility of the Customer to delete this data from the system.
Nature and purposes of the processing - Evolution Internet Ltd provide a self-managed system to the Customer. The Customer remains the Data Controller for this data and can use the tools within the system to manage and process the data themselves. Evolution Internet Ltd provide secure storage and accessibility of this data through the system. Evolution Internet Ltd do not process personal data on behalf of the Customer. All personal data is stored on an external server in the UK which is backed up to two locations every 6 hours on a rolling 14 day basis. Any data that is deleted permanently from the system is deleted from the database and will be deleted from the back up after 14 days.
Type of Personal Data -
Different levels of information per user:
- Name (& any previous names)
- Telephone number
- Email address
- Date of birth
- NI number (optional)
- Teacher reference number
- Qualified Teacher Status information
- Qualifications (training information)
- Assessment forms
Categories of Data Subject -
Appropriate Body (Customer) users; Administrators
School users; ECTs, Tutors, Headteachers, Induction Co-ordinators and Administrators
Plan for return and destruction of the data once the processing is complete UNLESS requirement under union or member state law to preserve that type of data - the Customer would be given time to download the information that they require from the system. Upon confirmation that this had been completed or after 60 days the system and data would be deleted permanently from the database and servers. After 14 days this would also disappear from the back up.