This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
DATE: Written by us on Nov. 30, 2020 and revised in June 2023, accepted by you on the date you read and accept our terms and condition on the web or Mobile application. We expect that you will have fully read and understood the terms and conditions before accepting them. By clicking ‘Agree to terms and conditions’ its assumed you have fully read, understands and agreed to be legally bound by these terms and conditions and no excuse or waiver whatsoever that can be made to this requirement.
This agreement shall be construed to be a legal agreement made between: –
SUNRISE HOMESCHOOLING LTD an entity duly registered in Kenya, with offices in Nairobi Kenya and of Post Office Box Number 2124 00200 Nairobi, (herein referred to as “SVS or We” which expression shall where the context so admits include its successors and assigns) of the one part:
And
PARENT/GURDIAN AND/OR STUDENT/OR LEARNER who seeks to register to receive virtual schooling and tutorship services on our online platforms either for themselves or for their children as offered by SVS (hereinafter referred to as “Client or You” which expression shall where the context so admits include their successors and assigns) of the other part:
Whereas, SVS is in the business of offering virtual schooling/tutorship services through online classes and offers to give such services to you for a consideration; and
Whereas, You understands the services of SVS and accepts to engage SVS to offer such homeschooling and tutorship services to him/her, or to children under the age of 18 under her care.
Whereas, You seek to register on SVS online platform to receive such services either for themselves or to register students under their care; and
Whereas, You agrees that by accepting terms and condition on the registration page, he/she agrees to be legally bound and abide by this agreement in all aspects of it.
NOW THEREFORE in consideration of the mutual covenants contained herein, the good and sufficiency of which are hereby acknowledged THIS TERMS AND CONDITION AGREEMENT NOW WITNESSETH AND IS HEREBY AGREED AND
Article 1:- TERM OF THIS AGREMENT
Term: This agreement shall be in force from the date and time the client accepts terms and conditions on SVS online platform and is valid until such a time when the client closes his/her account with SVS, or until such other time when SVS may terminate such account or such other date as the parties may agree to in writing.
Privacy – Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use our online platforms to access our services. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.
Safety: We do our best to keep our platform safe, but we cannot guarantee it, by upholding the following helps improve security. You further agree to the following safety terms;
You will not post unauthorized communications (such as spam) on our platforms.
You will not collect our content or information, or otherwise access, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not use other user’s information that you may come to learn on our port engage in unlawful multi-level marketing, such as a pyramid scheme on our platforms.
You will not upload viruses or other malicious code on our platforms.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
You will not use our platforms to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of our platforms, such as a denial of service attack or interference with page rendering or other functionality.
You will not facilitate or encourage any violations of this Statement or our policies.
You will not ask/solicit for financial aid from another parent/learner, or teachers, or anyone else on our virtual school community.
You will observe and follow the stipulated class rules.
Registration and Account Security-Our client are expected to provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on our platforms, or create an account for anyone without permission. other than yourself and underage children under your care.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
If you are under the age of 13, you will not use our platforms without assistance from an adult.
You will not use our platform if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
Protecting Other People’s Rights-We respect other people’s rights, and expect you to do the same.
You will not post content or take any action on our platforms that infringes or violates someone else’s rights or otherwise violates the law.
We can remove any content or information you post on our platform if we believe that it violates this terms and condition agreement or our policies.
You will not share on our platform any unauthorized intellectual property rights.
If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Mobile and Other Devices-Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will apply. In the event you change or deactivate your mobile telephone number, you will update your account information on our ICT platforms within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
Payments-If you make a payment on our platforms, you agree to our Payments Terms unless it is stated that other terms apply. Special Provisions Applicable to Advertisers – If you use our advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Self-Serve Ad Terms.
Disputes-You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or our platform exclusively in Kenya courts of law which will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. If anyone brings a claim against us related to your actions, content or information on our platform, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on our platform and are not responsible for the content or information users transmit or share on our platform. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on our platform. We are not responsible for the conduct, whether online or offline, of any user of our ICT platforms.
Our services – We commit to offer the following obligations:
We shall offer online teaching services to the learner registered on our platform according to the timetables and class schedules.
We shall do our best to provide quality, relevant and timely content, and teaching services, such may not always be in keeping with schooling syllabus or curriculum procedures but we commit to follow timetables and class schedules have be designed by qualified experts who are satisfied that if followed with sufficient guardian support and student diligence and hard work, the learner/student will excel in the final exams.
We shall only engage the services of qualified teachers/tutors
We shall not share your information or the information relating to your children to any third parties unless such is required of us by the state or legal instructions.
We are not a position to ensure your children attend online classes or concentrate in the classroom, much less ensure that they understand and pass tests and exams. However, we shall employ reasonable support and effort to offer quality educational content in line with the curriculum, deliver though expert teachers and afford you all reasonable support.
We shall relay homework, assignments, and exams on our ICT platform and via emails.
We shall mark the exams advise you on the child’s performance.
We shall ensure you get report forms relating to your child’s performance by availing them on the ICT platform or by email.
Yours obligations – You agree to fulfill following obligations:
You will register your children on our platform
You will give us actual and real information relating to the children and yourselves
You will avail all requisite learning materials to the children for class work, homework, assignments, exams and for self-study.
You will ensure the learner attends all the classes in a semester and that they adheres to class rules, timelines, timetables, attends all classes, concentrates in classes, is quite during class time
You will ensure the learner and avail homework’s, assignments, and exams to your children, supervise them as they do them, and submit them for marking on time.
You will ensure that your children have safe, clean, well-lit and secure environment on where to hold classes, which will have stable internet connection.
You will ensure the learner’s study environment is free from noise, distractions, or any other dangers at all times and ensure your children’s general welfare and comfort is conducive for learning, during this agreement’s validity.
You will equip the learner with an ideal gadget such a computer, laptop, ipad, tab or smart phone and access to printer/scanner which they will use in the course of learning. These gadgets shall have the right settings on backlight, sound volume, internet safety parameters. You also commit that you will monitor the learner’s online footprint and intervene to ensure learner’s safety.
You will register the learner in a registered examination center accessible to the student to sit for the final exams.
You will register the learner in at least one of the following co-curricular activities/clubs; music clubs, spot clubs and/or art and craft clubs and submit to the teacher reports of such enrollment and progress.
You will facilitate the learner attend educational tours and practical lessons as shall be advised in the course of learning.
You make time to discuss the learner’s academic performance during academic clinics with teachers.
You ensure the learner and the parent shall remain respectful and modest in their interactions in class, with other students and teachers and other parents, in all forms of communications and engagements.
You will support the learner by printing/scanning/submitting exams and school projects if so requested by the teacher.
Until after two years after leaving SVS, you will not engage/employ our teachers/staff that you have met/interacted with through our platforms to teach your students/learners privately outside our official platforms. Clients shall not engage any of our staff on commercial engagement outside the official engagements. This shall constitute grounds for us to seek compensation from you.
You will not give any form of gift to our teachers or staff, or pay any bills on behalf during and outside official business.
You will pay for the services we shall be offering in a timely manner and in the official payment methods.
Consideration – You agree to pay for our services in the following payment terms.
If you are under the age of eighteen (18), you can register and pay for our services only with the involvement of your parent or guardian. Make sure you review these Terms with your parent or guardian so that you both understand all of your rights and responsibilities.
When you use our payment gateways and details to pay for things on our ICT platforms, you agree that we may communicate with you electronically any important information regarding your purchases or your account. Protecting the privacy of your financial information is important to us. Please review our Privacy Policy, including our Annual Privacy Notice, to learn more about what information we share, what we do not share, and how we keep your information safe.
You agree to pay for our services in accordance to the rates stated on our website and other ICT platforms. Such shall be paid for by mobile money platforms/apps and other online payment gateways, wire transfer or by actual deposits and at all cases ensure a receipt for the is obtained.
All students whose fees have not been paid shall be disengaged until such fees are paid.
All parents shall pay onetime registration fees on our platform as guided on the website
Extra payments for registration for exams, examination center costs, and any other fees that may become payable in the course of learning shall be paid by you to the extermination body, or where agreed otherwise in writting, to us, then we pay the exams on behalf. This may include service fees.
Classes and services you pay for shall be rendered and become due within 14 days from the date of payment.
Making Purchases. When you make a purchase using our payment gateways and details, you agree to provide a valid funding instrument to load money into your electronic value balance. When you have successfully completed this funding transaction, we will then credit your account with us and expend the resources on services you have subscribed for.
Pricing. Pay attention to the details of the transaction, because your total price may include taxes.
Extra terms. You may be presented with additional terms related to a specific payment before you confirm the transaction (such as shopping terms for learning materials). Those additional terms will also govern that transaction.
Advance payment. You may choose to pay over and above the current bill, the extra funds will be credited in your account and it will be used to finance future services you receive from us, If you choose to pay the fees per month, per term or per year, for the same period you have over paid you will not be required to pay the fees, unless there is material increment which affect all other students.
Source of funds. You can only pay us with clean, legally earned and cleared funds from a legitimate, bona fide source. By paying for our services, you agree to fully indemnify us of any questions and matters that may arise relating to source of such funds.
Value for money. By agreeing to make payments to use, you agree and appreciate the value of our services and all payments is duly earned compensation for our services.
No Warranties. Once you make the payment, we offer our services as expressed in the service chatter. We do not make warranties of any kind, express or implied, with respect to ensuring your children attend class, concentrate in class or performance since such are not matters within our control.
Payment Methods. The current payment methods include mobile money payments to which you are supposed to insert the current details as displayed on the website. If for any reason you make payments to any other place, we are not in any way liable, and your account remains unsettled.
Successful payment. A successful payment is a payment that has been made to us and successfully received by us, where a confirmation of receipt of successful transmission is evidenced, and to which, the funds paid reflect in your account in our database and to which you obtain a receipt of payment from us. For such payments to wrong accounts, you may pursue reversal with the service providers on a separate arrangement to which we shall not be a party.
Failed funding. If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank or service provider, we are not responsible for such fees.
Mobile money. Mobile payments is another payment method we have made available for your convenience. If you use mobile money for payments, you consent to the applicable risks and terms of service, and transaction charges as per the provider terms:
Duty to notify us. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
Intervention. We may intervene in disputes concerning payments that may arise between you and payment service provider, but we have no obligation to do so.
Technical difficulties. If you experience a technical failure or interruption of service that causes your funding transaction to fail, you may request that your transaction be completed at a later time.
Security. You are responsible for maintaining the security of your payment credentials.
Direct debit. If you are making direct debit payments, you agree that we can charge you any amount that falls within the range you agreed to upon signup. We will notify you in advance if any charge will exceed the agreed-upon range. If you want to change your preferred payment method from direct debit.
Change of class package. If you desire to change the class package you have enrolled your student, you may do so by calling our offices. If you had made prepayment for the package you want to change from, such funds will be expended in the newly changed package.
Cancellation. You can cancel or close your account on your own volition having made payments to your account prior to the closure, such prepayment is not refundable.
Tax liability. The amounts charged to you by us, whether through your credit card or otherwise, may be subject to and include applicable taxes, including without limitation withholding taxes. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
Delinquent accounts. If you obtain services from us without payment or your account is past due, you remain indebted to us and such debts must be honored within 30 days. We may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the rate of the lesser of 3% per month or the lawful maximum.
No show in class. Once you register with us, you commit to ensure the learner attends all the classes and on time, in the current and the next/upcoming semester/term. Regardless of whether you choose to pay per day, per week, per month or per semester, you appreciate that we plan and make all the necessary arrangements to avail teachers and offer the teaching services for the whole semester/term. As such, even if the learner does not attend classes for whichever reason, including not being in class on fees non-payment, you are liable to pay the full fees for the semester, and such shall be billed to your account. Lateness or absenteeism shall not constitute grounds of refund, or grounds of contest/protest against us attendant to the billed amounts.
Notice to discontinue. If you wish to discontinue at Sunrise, or take a break from being billed the fees for the next/upcoming semester, you will need to give us a 60 days’ notice, before the lapse of a current semester. This will enable us to disengage the teachers/service providers and help us to avoid incurring teaching related costs which often requires a 30 days’ notice from us.
Prepaid account. You may have the option to pre-pay the service charges with a prepaid account. Amounts prepaid are non- refundable except where required by law. Prepaid amounts do not earn interest, and there is no deposit insurance.
Amendment guidelines. We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law. The Payments Terms in place at the time you confirm a transaction will govern that transaction.
Customer Complaints. If you have concerns with respect to the money transmission activities conducted via this website or app, you may contact the customer care in the details of contact on the website.
Extra/Remedial classes. If you desire the learner to be given extra remedial classes, such shall attract special rates as shall be communicated by the admin office.
Notices and Amendments to These Terms– By registering to our platform, you agree that we may communicate with you electronically any important information regarding your purchases or your account.
Communication and notices– By registering to our platform, you agree that we may communicate with you electronically any important information regarding our services or your account. We may also provide notices and other promotional messages to you by posting them on our website, or by sending them to your email address, SMS or other notifications on your account on the portal or physically to the street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
List of learners. Whenever we are required to provide the list of our learners to third party stakeholders/collaborators/partners and by registering with us, you allow us to share such learner details which may include names, grade of study etc, for non-commercial purposes only.
Legal requirement to share your information: You are responsible for the data and information you provide during log-in and registration process and its accuracy. By you posting it, you have given us the permission to relay such information and pictures to the customer, including your contact details, as may become regally required of us through any lay or regulation.
Consent to post the learner registered with us, and their parents on social media, website and other media platforms: By agreeing to this terms and conditions, you give us express authority and consent to share your still and motions images, and for those under your care, that you have shared with us, or that we have taken in our school events on our social media platforms, whatsapp, website, or any other media platform, without needing to seek any further consent from you. You also warrant that you will not raise any protest, claims or require any damages or compensations to that effect. You are at liberty to deny us this authority by writing to us via info@sunrisevirtualschool.com and expressly state that we should not share your images and for those under your care, mentioning the full names and attaching clear sample image of the persons you seek to exempt from this consent. Unless and until such a email is received from you, you absolve us from any wrong doing by sharing your image(s) on social media platforms.
Use of Social Media: You are free to follow us on social medial. However, note that defaming our brand or making untrue/demeaning posts or comments about us that has no basis shall be translated as sabotage and an attempt to deter potential clients and we shall be at liberty to pursue financial compensation from you to the extent we can proof your actions has led to loss of business in a competent court of law.
Admission Policy: By accepting this terms and conditions, you acknowledge and consent that you have ready and agree with the admission policy published on the website.
Trademarks—The trademarks, names, logos and service marks (collectively “trademarks”), and are registered and unregistered trademarks by the company. Nothing contained on our website or portal should be construed as granting any license or right to use any trademark without the prior written permission from us.
Disclaimer of liability—We shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of our ICT platforms
on mobile app or websites, any information contained therein, your or your company’s personal information or material and information transmitted over our system. You register and engage with us with the understanding that we are not a registered learning institution, rather, we are in the business of tutorship and facilitating learners who have chosen to acquire education privately outside the traditional schools and to advise clients on how such learners can sit for final exams in registered examination centers and achieve internationally accredited qualifications.
We are not responsible for any liability/damages/penalties whatsoever relating to online activities of the learners or that may arise out of how the learner uses internet/interacts on the internet/website they visit/content they consume on internet/connect and communicates with others, within and outside our virtual schooling community.
In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Copyright – You acknowledges and appreciates that the intellectual property and innovation relating to any part of our web and mobile application and other online platforms, business methods, financial models, is owned by the registered copyright owner and as such, the you hereby warrants to engage or assist any acts of infringement of copyright rights and commits to bring such acts to our knowledge.
Non-compete non-circumvention – customer commits that he/she shall not use the information and business concept he becomes privy to by using our ICT platforms to engage in competition with, or circumvent our business in any way and agrees to be held legally liable to make reimbursements for lost business should he engage in activities and business that may amount to competition or circumvention to our business. You will not recruit or incite other clients with aim of enlisting them to another competing service provider. This clause shall remain in force for a period of up to two years after terminating your engagement with SVS.
ADDITIONAL DISCLAIMERS-WE TRY TO KEEP OUR ICT PLATFORMS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING OUR SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR ONLINE PLATFORMS WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THEY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SVS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. BOTH PARTIES HAVE ACCEPTED THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PAYMNTS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SVS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SVS WILL NOT EXCEED THE GREATER OF ONE CENT OF USD ($ 0.1) OR THE AMOUNT YOU HAVE PAID US IN THE PAST ONE WEEK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SVS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.