Terms & Conditions

 

    1. Introduction
    2. My Digital College ltd (Purlos) services
    3. Privacy policy
    4. Prices
    5. Payments
    6. Refunds
    7. Subscription Term, Fees & Payment
    8. Product suitability
    9. Copyrights & intellectual property
    10. Warranty and liability
    11. Deviation
    12. Force Majeure
    13. Security and encryption
    14. Confidentiality
    15. Availability and service credits

 

My Digital College ltd trades under the brand name ‘Purlos’.

Registered business name: My Digital College ltd. Registered business number 11287890.

 1. Introduction

Definitions – These Terms and Conditions, as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference (collectively, these “Terms and conditions”), are entered into by and between you and My Digital College ltd, (“My Digital College”, “We”, “Us” or “Our”).  “Client”, “Your”, “You” – this refers to the individual purchasing services from My Digital College that intends use our software

     “Terms and conditions” – The terms and conditions on this page, and any relevant terms from a third party or supplier

     “Student” or “User” – The main end user of our product

     “Customer” – The institution or person who purchases our product or services for their Student/s

     “Working days” – A day other than Saturday, Sunday, and statutory holidays

     “Order form” – a pro-forma agreement set out between My Digital College and the Client that details information relating to the use of our product

     “VAT” – means UK value added tax, or any similar sales tax in any relevant jurisdiction or country

  • Company address – My Digital College provides https://www.purlos.com. And refers to My Digital College ltd. (brand name “Purlos) with a registered office at My Digital College Ltd. 20-22 Wenlock road, Hoxton, London, N1 7GU
  • Bespoke agreements – To the extent that you have entered into an enterprise license agreement, bespoke sales order, master services agreement, or any other written agreement fully executed and signed by an authorized representative of My Digital College that contains terms that directly conflict with any terms of these Terms and condition, then the conflicted terms set forth in such other agreement will control.
  • Full agreement to the terms – You acknowledge and agree that by either visiting, viewing or accessing the Site, by clicking “sign up”, “agree”, “pay now” buttons or signing or confirming a Sales Order or other agreement incorporating these Terms and conditions, that you have read, understand, and agree to be bound by these terms and conditions, irrespective of whether you are a visitor or an existing customer.

2. My Digital College ltd (Purlos) Services

  • Services Overview. My Digital College’s (Purlos) services consist of a software-as-a-service messaging platform to support the admissions process for FE colleges, Universities and other educational institutions. The Services are designed to enable our customers to manage communications with their students during the early part of the student lifecycle. We also provide a Dashboard for accessing and managing user data and managing the structure of communications between the user and the customer.
  • Provision of Services. Each Service is provided on bespoke fee basis designated on an order form or invoice for a period of time (each time period, a “Contract period“). My Digital College ltd (Purlos) may also offer additional Professional Services. Customer will purchase and My Digital College ltd (Purlos) will provide the specific Services and related Professional Services (if any) as specified in the applicable Order Form or on an invoice or both.
  • Access to Services. Customers may access and use the Services solely for its own benefit and in accordance with the terms and conditions of this Agreement, the Documentation and any scope of use restrictions designated in the applicable Order Form or invoice (including without limitation the number of People tracked). Use of and access to the Services is permitted only by Permitted Users. User IDs are granted to individual, named persons and may not be shared. If Customer is accessing the Services using credentials provided by a third party (e.g., Google), then Customer will comply with all applicable terms and conditions of such third party regarding provisioning and use of such credentials. Customer will be responsible for any and all actions taken using Customer’s accounts and passwords. If any Permitted User who has access to a user ID is no longer an employee (or Contractor, as set forth below) of Customer, then Customer will immediately delete such user ID and otherwise terminate such Permitted User’s access to the Service. The right to use the Services includes the right to deploy My Digital College ltd (Purlos) Code on Customer Properties in order to enable messaging, chat and similar functionality and to collect Student Data.
  • Contractors and Affiliates.Customer may permit its Contractors and its Affiliates’ employees and Contractors to serve as Permitted Users, provided Customer remains responsible for compliance by such individuals with all of the terms and conditions of this Agreement, and any use of the Services by such individuals is for the sole benefit of Customer.
  • General Restrictions. Customer will not (and will not permit any third party to): (a) rent, lease, provide access to or sublicense the Services to a third party; (b) use the Services to provide, or incorporate the Services into, any product or service provided to a third party; (c) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to My Digital College ltd (Purlos); (d) copy or modify the Services or any Documentation, or create any derivative work from any of the foregoing; (e) remove or obscure any proprietary or other notices contained in the Services (including without limitation (i) notices on any reports or data printed from the Services); or (f) publicly disseminate information regarding the performance of the Services.
  • If a Customer receives a pilot trial to the Service (a “Trial“), then Customer may use the Services in accordance with the terms and conditions of this Agreement for a period of fourteen (45) days or such other period granted by My Digital College ltd (Purlos) (the “Trial“). Trial Pilots are permitted solely for Customer’s use to determine whether to purchase a paid subscription to the Services. Trial Subscriptions may not include all functionality and features accessible as part of a full paid Subscription Term (12 months or more). If Customer does not enter into a paid Term, this Agreement and Customer’s right to access and use the Services will terminate at the end of the Trial Period. My Digital College ltd (Purlos) has the right to terminate a Trial Subscription at any time for any reason. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MY DIGITAL COLLEGE LTD. (PURLOS) WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS WITH RESPECT TO TRIAL PILOTS OR SUBCRIPTIONS

 

3. Privacy policy

Your privacy is of utmost importance to us, and we are committed to protecting your personal information. Any personal information submitted in connection with your use our product is subject to our privacy policy found at https://www.purlos.com/privacy-policy/ (the “Privacy Policy”), which is hereby incorporated by this reference. We will use information about you that we obtain either directly from you or that we obtain by nature of your use of the Site in accordance with our Privacy Policy solely in furtherance of providing you and improving the Site.

During any trial with access to student data we will ask for a data sharing agreement to be signed and checked by the edcuational instituion we are working with.

4. Prices

All prices exclude VAT – All companies and individuals are required to pay VAT, and all prices quoted are exclusive of VAT. The VAT rate will be listed on all invoices as required by statute.

  • How long are quotes valid for – All prices are valid for 10 days from the initial quote, however prices are subject to change afterwards because of the nature of the industry. All bespoke quotations are also exclusive of VAT unless otherwise stated, and this will be added to the invoice once created. All prices quoted (whether on the website, or in brochures, proposals, email, verbally or otherwise are not legally binding due to anticipated price fluctuations; they are advisory at the time of public dissemination and do not constitute as part of a legal agreement.
  • VAT for different countries – If the product is purchased in the UK then UK tax laws and VAT rules apply. If the product is bought in another country then that country’s tax law would apply.
  • Supplier pricing changes – If a third-party supplier decides to change its prices, My Digital College reserves the right to add this to their pricing at any point. We will do our best to update clients to give them transparency if and where appropriate.

 

5. Payments

  • Invoice payment terms – The product fee, including VAT, is payable in full immediately upon receipt of the invoice. Clients wishing to make payments from non-UK credit cards must pay the appropriate additional bank charges. If payment terms are set up with a customer the standard payment terms will be 30 days from the date the invoice is sent to the client (this will be dated on the invoice).
  • Late payment surcharge – My Digital College will impose a late payment charge of 5% over the Bank of England base rate. Payments can be made by major credit and debit cards, including American Express, inclusive of credit card charges.
  • Credit card charges -All company credit card payments will incur a card surcharge of 2.99%, except for payments made via American Express, which will incur a surcharge of 3.99%
  • PO numbers – When issuing a PO number, it must clearly state the purchase order number, course dates, full Invoice amount, and contact details for invoicing. When more than one course is booked on the same booking form, full payment for all courses is required immediately upon confirmation or 15 working days before the commencement of the first course, whichever is sooner.
  • Once payment is received the client has to adhere to our T’s and C’s – Once a partial or full payment has been processed, over the phone or on the website by the following methods: Debit Card, Credit Card, American Express, Cheque or Bank transfer, the Client will adhere to My Digital College’s terms and conditions, irrespective of a booking form having been signed.
  • Payment authority – It is the responsibility of the Client to ensure that the person that approved the purchase of a product, has the correct purchasing authority.

 

6. Refunds

  • Pilot payments are non-refundable – Any fees paid for a trial (usually 45 days but under the discretion of My Digital College ltd (Purlos) will be non-refundable.
  • Full term subscription refunds – No refund will be made for the full subscription period unless the Service Level Agreement offer by My Digital College ltd (Purlos) has not been met
  • Timescale for refunds – A refund may take up to 15 working days to be processed, however will be endeavour to get your money back to you as soon as is possible
  • Processing refunds – Refunds will be processed using the original payment method (for example company credit card)
  • Exchange rates changes – My Digital College is not be liable for any fluctuation in exchange rates or bank charges for overseas refund transactions

 

7. Subscription Term, Fees & Payment

  • Subscription Term and Renewals. Unless otherwise specified on the applicable Order Form, each Subscription Term will automatically renew for additional twelve-month periods unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current Subscription Term.
  • Fees and Payment. All fees are as set forth in the applicable Order Form and will be paid by Customer within thirty (30) days of invoice, unless (a) Customer is paying via Credit Card (as defined below) or (b) otherwise specified in the applicable Order Form. The rates in the Order Form are valid for the initial twelve (12) month period of each Subscription Term and thereafter may be subject to an automatic adjustment increase each year. Customer will be made aware of this increase.  Customer is responsible for paying all Taxes, and all Taxes are excluded from any fees set forth in the applicable Order Form. If Customer is required by Law to withhold any Taxes from Customer’s payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, My Digital College ltd (Purlos) receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made. Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.
  • Payment Via Credit Card.If you are purchasing the Services via credit card, debit card or other payment card (“Credit Card”), the following terms apply:

Invalid Card Payment. If a payment is not successfully settled due to expiration of a Credit Card, insufficient funds, or otherwise, Customer remains responsible for any amounts not remitted to My Digital College ltd (Purlos) and My Digital College ltd (Purlos) may, in its sole discretion, either (i) invoice Customer directly for the deficient amount, (ii) continue billing the Credit Card once it has been updated by Customer (if applicable) or (iii) terminate this Agreement.

Payment of Outstanding Fees. Upon any termination or expiration of the Subscription Term, My Digital College ltd (Purlos) will charge Customer’s Credit Card (or invoice Customer directly) for any outstanding fees for Customer’s use of the Services during the Subscription Term, after which My Digital College ltd (Purlos) will not charge Customer’s Credit Card for any additional fees

 

8. Product suitability

  • Customer responsibility – The customer accepts that it is their responsibility that the product is a good fit for the students using it.
  • Admission – My Digital College reserves the right remove any student from using the product, whom it considers to be unsuitable or damaging to its use of progress. This is up the Company and its absolute discretion. 

 

9. Copyrights & intellectual property 

  • Trademark – My Digital College ® is a registered trademark
  • Further trademarks – The website, including content, design, organisation, layout, and software code are subject to copyright and intellectual property rights that are owned by My Digital College
  • Re-use of content – The re-use of illustrations, photographs, diagrams, or videos featured on My Digital College’s website or in the Purlos product, without attribution, is prohibited under all circumstances. The deletion or alteration of proprietary rights, including copyright and trademarks, is prohibited under all circumstances.
  • Copyright and IP rights for all products/services – All products and services of My Digital College without limitation are protected by international copyrights, trademarks, and are subject to intellectual property rights. Therefore all intellectual property belongs to My Digital College, its related companies, its affiliates, or suppliers.
  • Use of Company name – The use of ‘My Digital College’ name or logo and ‘Purlos’ name or logo is prohibited under all circumstances, unless prior written consent is obtained from the Company.
  • Use of Intellectual Property – My Digital College does not accept responsibility for intellectual property used from third parties that does not have an official affiliation to My Digital College. Any intellectual property used on the Purlos product, is protected by limitations laid out in international copyright law, and is subject to intellectual property rights. Any intellectual property that is created between My Digital College and any of it’s customers may be used in the future at any point by My Digital College.
  • Specifications needed for bespoke work – If we are creating a bespoke product for a client, we require a predefined specification from the client. In the absence of such predefined specifications, we will adhere to our own view of what is a good fit. If no specification was provided, My Digital College shall not be held responsible for any losses incurred as a consequence of the provided service.
  • Altering, then re-selling our products/services – You may not copy, reproduce, sell, distribute, download, modify, or display copied works or otherwise use any of the intellectual property of My Digital College’s website or course materials.
  • Hacking of our website – does not accept responsibility of content of any third-party sites that may be referenced by My Digital College

 

10.Warranty and liability

  • Personal injury or damages – My Digital College’s liability for loss/damage shall be limited to a claim for damages, which shall be no more than the purchase price of the product for that customer. My Digital College will not accept liability for personal injury caused by negligence, that is caused by any party at one of our customers sites.
  • Viruses – My Digital College will not be responsible for any damage resulting from any computer viruses or malware arising from software installed on a Client’s computer

 

11. Deviation

  • No deviation from these terms and conditions will be allowed without the written permission of a Director of My Digital College. No communication either spoken or printed will override these Terms and Conditions.

 

12. Force majeure

  • Force Majeure – In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

 

13. Security and encryption

  • Our payment partners have the highest level of security protection when processing payments online. We also strictly adhere to best practices of data protection, and your payment details are protected when offered to Us for the payment or services rendered
  • My Digital College will take reasonable steps to make sure any of its owned or hired machines will be free from viruses. We also cannot guarantee that anything downloaded from our website will be virus free but will endeavour to be as secure as is reasonably possible.

 

14. Confidentiality

  • All Client and Company information that is divulged to My Digital College will be kept confidential. Such information will not be offered to any third party organisations or individuals, unless reasonably required for adequate service delivery.
  • Sensitive information shall only be disclosed to employees that require such knowledge to complete their role at My Digital College. Such individuals are subject to legally binding obligations of data protection and confidentiality.
  • My Digital College will not be liable for the disclosure of any Client or Company information that is readily available in the public domain (for example on Linkedin)

 

15.  Availability and Service Credits