You must not use the Arbor systems if you have not signed a copy of the terms and conditions.
Click the link at the bottom of this article to download the terms and conditions document as a PDF.
Messaging of recent updates
The information below is sent in an email, and in a pop-up on School and MAT MIS sites. The email and pop-up will be sent to people with the following Business Roles:
- Chief Executive Officer (CEO) on the MAT MIS
- Executive Head Teacher, Head Teacher, Bursar/Business Manager or Personal Assistant to Headteacher on the School MIS (for schools not part of a MAT)
These changes came into effect from 27th June 2022. You need to take no further action unless your site is not yet live - in which case you’ll be asked to accept the terms on first log in. If you have any questions, get in touch by emailing firstname.lastname@example.org.
Summary of the recent changes
We’re making updates to our Terms and Conditions, partly as a result of Brexit changes brought in in March 2022, and partly as a result of increased academisation in England. The updates relate to three key areas:
- We’ve adjusted references to GDPR to better protect your data, and moved the data protection clauses to their own schedule, making them easier to review in a data protection impact assessment.
- Based on customer feedback, we’ve also set the limits of liability to align with the Academies Financial Handbook, which reduces the risk you are exposed to.
- We’ve also made sure that if your school becomes an academy or moves between trusts, your Arbor licence is unaffected and stays with the school, meaning no disruption of service.
If you buy Arbor through a framework, the framework terms and conditions will apply.
Summary of changes:
- Update of Data Protection Clauses to reflect the final extraction of the UK from the EU General Data Protection Regulations as of March 12th 2022. This includes an updated definition and minor references throughout Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 (SI 2003 No. 2426) as amended;
- Restructure of the document to include the Data Protection Clause as a schedule rather than a clause within the main commercial agreement. See Schedule 1.
- Update of terms relating to the novation of contracts, to emphasise the ability of schools and academies to keep their Arbor licence in place even when they convert to an academy or change academy trust. This supports continuity of service as academisation continues in line with UK Government policy. See Clause 19.7
- Update on limits of liability to recognise that school funding agreements delegate fixed levels of liability to which a school or Academy Trust can commit. See Clause 12.4. These are currently documented in the Academy Financial Handbook 5.20 liability limits in respect of indemnities
- Listing of Subprocessors. These are now listed on the Arbor Help Centre here.
- Formal incorporation of the Arbor Guide to Billing within these Terms - see Clause 6.2
- Inclusion of reference to VAT (See Clause 6.4)
- Training Services and Professional Services: Any credits purchased for training will expire 12 months after purchase (See Clause 19.1). This time limit supports accounting best practices; the majority of training and services are used within 6 months of purchase.
- Addition of standard clauses on Confidentially (Clause 11), Audit Rights (Clause 13,), Force Majeure (Clause 14), Counterparts (Clause 16), Governing Law (Clause 17), Notices (Clause 18)
- Amendment of numbering due to the addition of the above clauses and movement of the Data Protection Clauses to full Schedule 1.
- Change of Address to: The Key Support Services Ltd, 3rd floor, 80 Old Street, London EC1V 9HU