Terms and Conditions on Usage of ECAP

 

ECAP Extracurricular Activities Platform (“ECAP”) is a cloud-based course management system designed for customers to:

• manage the activities or courses they organized

• communicate with students / parents through mobile apps

• enable students to enroll courses through mobile apps

• enable teachers to take attendance through mobile apps

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Below are the Terms and Conditions for using ECAP:

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1. The Services

 

1.1. By subscribing ECAP, customers are entitled to the following software and services:  

• ECAP administration tool for course management;

• ECAP mobile apps for various groups of users;

• Unlimited 8x5 customer support through email and telephone hotline or WhatsApp during office hours (Hong Kong time)

• 7x 24 system support

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   2. Service Plans

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2.1 The following service subscription plans are available:

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Note 1: The count of number of users includes both internal users (e.g. administrative staff and teachers) and external users (i.e. students and parents).

Note 2: Customers who choose to pay in 12 monthly installments should settle the monthly subscription fee on time. We reserve the right to suspend the services until the overdue payment is settled.

 

   3. Service Subscription Term and Renewal

 

3.1. The standard service subscription period is twelve (12) months, which commences from the date that the official ECAP online login account is provided to customers and runs for twelve (12) months (“Initial Subscription Period”). 

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3.2. After the Initial Subscription Period, this subscription shall automatically be renewed for a successive period of twelve (12) months unless Trusted Systems Ltd or its reseller, or the customer concerned gives the other written notice of termination at least (30) days prior to expiration of the current term.

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   4. Upgrade of Subscription Plan

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4.1. Customers can upgrade their subscription plans to serve a larger user base. If a customer upgrades to a new service plan during the Subscription Period of the existing plan, the upfront payment for the unused monthly service from the existing service plan, if applicable, can be used to offset part of the subscription fee for the new service plan.

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   5. Termination of Subscription

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5.1. Under normal circumstances, early termination of service subscription is not allowed. We reserve the right to collect the unpaid subscription fee, if any. Even early termination of subscription is allowed, the paid subscription fee is non-refundable.

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5.2. If a customer stops using ECAP service due to expiry of subscription or early termination, its accounts on ECAP will be disabled. Customer should retrieve its data from ECAP beforehand.  The data will be kept on ECAP for one month. During this one-month grace period, Customer can contact us to resume subscription of the ECAP service with the data kept by ECAP. After the grace period, all data will be cleaned up.

 

 

   6. Support Service

 

6.1. We commit to maintaining 95% system uptime and 24x7 system support is provided.

 

6.2. Scheduled Maintenance

 

6.2.1. Monthly Maintenance Tasks: We reserve the right to perform routine maintenance tasks on a monthly basis. These maintenance activities are essential for ensuring the security, stability, and optimal performance of the service. We will make reasonable efforts to schedule maintenance during non-peak hours to minimize service disruptions. Customers will be notified in advance of any planned maintenance, and every effort will be made to complete the maintenance promptly and restore service as soon as possible.

 

6.3. Unscheduled Maintenance

 

6.3.1. Unscheduled Maintenance: While every effort will be made to minimize service disruptions, there may be instances where unscheduled maintenance becomes necessary to address critical system issues or vulnerabilities. In such cases, we reserve the right to perform unscheduled maintenance without prior notice to ensure the continued security, stability, and optimal functioning of the service. We will make every reasonable effort to restore service as quickly as possible and will communicate updates and progress to customers during the maintenance process.

 

6.4. Service Suspension

 

6.4.1. During system maintenance, the service platform and mobile app will be suspended.

 

6.5. Compensation or Credits

 

6.5.1. We acknowledge that system maintenance may result in temporary service suspension. While every effort will be made to minimize service disruptions and restore the service promptly, no compensation or service credits will be provided to customers for downtime or service suspension caused by maintenance activities.

 

6.6. We commit to providing unlimited email support and telephone hotline or WhatsApp during office hours to answer customers’ enquiries about ECAP usage. 

 

   7. Data Privacy

 

7.1.1. We commit to protecting the data privacy of customers. Details of our Data Privacy Policy can be found in the Privacy Statement on the website.

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   8. Usage of ECAP and Account Suspension

8.1. The information provided by customers in related to the courses / services listed on the ECAP and the activities of customers shall not:

 

a)   Be false, inaccurate or misleading

b)   Be fraudulent

c)   Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy;

d)   Violate any law, statute, ordinance or regulation (including but not limited to those governing consumer protection, anti-discrimination or false advertising);

e)   Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

f)   Be obscene or contain child pornography; and

g)   Contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

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8.2. We reserve the rights to suspend the Customer Administrative Account if we suspect that:

a)   the Customer has been engaged in fraudulent or other unlawful activities in connection with the ECAP;

b)   the Customer has transferred the Customer Administrative Account to another third party;

c)   there is any abuse of the Customer Administrative Account; or

d)   the Customer fails to settle the outstanding payment on time.

 

   9. Limited Liability

 

9.1. We only provide the platform for customers to list and manage their courses and we have no control on the contents listed by customers. Hence, we shall have no liability over the services or contents listed by customers.

 

9.2. Customers shall be liable for all claims, damages, losses or expenses caused directly or indirectly in connection with the use of those contents or materials posted by the customers on the ECAP.

 

9.3. The aggregate liability of Trusted Systems Limited of whatever claims shall not exceed the total amount received from the customer concerned.

 

   10. Governing Law

 

10.1. This agreement shall be governed by and construed in accordance with Hong Kong law and subject to the exclusive jurisdiction of the Hong Kong courts.

 

 

Trusted Systems Limited

Updated in June 2023