Terms and Conditions of Use

Terms and Conditions of Use

For ATLANTIS SchoolManager

By
JiT Portals (Nig)

IMPORTANT:  PLEASE READ THIS PAGE VERY CAREFULLY

This page spells out the Terms and Conditions of Use governing your subscription to and usage of ATLANTIS SchoolManager software. If you do not agree with any portion of this Agreement for any reason, you are asked not to use the software or its services. Your use of ATLANTIS SchoolManager and/or its services indicates your acceptance of this terms and conditions. There may be other versions of this document which address specific issues for specific class of users of the software.

01:  INTRODUCTION AND DEFINITIONS

(a) Introduction
ATLANTIS SchoolManager is a comprehensive admissions management, student data management, fee collections and debts tracking, results processing, promotions management and reports generation web portal for schools and colleges. The technologies, functionalities and services available on ATLANTIS SchoolManager are provided by JiT Portals (Nig) under the Software as a Service (SaaS) model. By using any portion of ATLANTIS SchoolManager, you are accepting the Terms and Conditions of Use provided herein. If you do not agree with any portion of this Agreement for any reason, you are asked not to use ATLANTIS SchoolManager or its services. Your use of the portal and/or its services indicates your acceptance of this terms and conditions of use. JiT Portals reserves the right to update or modify this Agreement at any time without notice. To get the most up-to-date, official terms and conditions of use, please refer back to https://jitportals.ng/terms-of-use/atlantis-school-manager at any time.

(b) Definitions

  • In this document, "User Agreement", "Agreement", "Terms and Conditions" are synonymous and used interchangeably.
  • In this Agreement, "you" or "your" or "User" refers to any person or entity using ATLANTIS SchoolManager or its services.
  • "Content" includes all data, information, images and materials uploaded, posted, or created within the portal.
  • Unless otherwise stated, "JiT Portals," "we" or "our" or "us" will refer collectively to JiT Portals (Nig) and its subsidiaries, affiliates, directors, officers, employees, agents and partners.
  • You and JiT Portals are jointly referred to as 'the Parties' in this document.
  • "ATLANTIS SchoolManager", "our Services", "the Services", "the System", "the Portal", "the platform", "the software" are synonymous and used interchangeably unless otherwise specified.

Before signing up for an account on any deployment of ATLANTIS SchoolManager, you must read and agree to this Agreement. The Agreement applies to schools adopting the portal and/or its services, as well as students, parents, staff, job seekers and any other party that may use any part of the portal in one way or another. There may be other versions of this document which address specific issues for specific class of users of the portal.

BY OBTAINING OR USING ANY DEPLOYMENT OF ATLANTIS SchoolManager IN ANY MANNER, YOU AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER.

If you have any questions or concerns about this Agreement, please feel free to Let Us Know at any time.

02:  COPYRIGHT AND INTELLECTUAL PROPERTY

The Portal is protected by copyright and other intellectual property laws and treaties. JiT Portals owns and retains all rights, title and interest in and to the Portal and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights.

03:  NON-EXCLUSIVE LICENSE

As an account holder on the platform, JiT Portals grants you a non-exclusive, non-transferable license to access and use the services deployed on the Portal subject to you fulfiling all financial and other obligations expected of you for using the portal. You acknowledge and agree that the Portal is licensed for use, not sold to you. JiT Portals reserves all intellectual rights to the Portal source codes, including those rights not expressly granted to you in this Agreement. You further acknowledge and agree that we reserve the right to terminate this license at any time for any reason. This right will generally be practiced when abuse of the services or nonpayment of fees due has been determined.

04:  LICENSE SCOPE/RESTRICTIONS

Under this Agreement, the Portal is licensed for use by your School and its authorized staff and/or other stakeholders, not sold. The terms only give you some rights to use the Portal, not to own it; and you may not remove or obscure any copyright and trademark notices relating to the Portal while using it. JiT Portals reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Portal only as expressly permitted in this Agreement. In doing so, you must comply with any technical measures in the Portal that allows it to be used only in certain ways.

05:  INCREMENTAL DEVELOPMENT AND UPGRADE POLICY

Any major version release of the Portal is built on a modular architecture which consists of a finite number of technologies, functionalities and/or processes defined by JiT Portals. These technologies, functionalities and/or processes work together to deliver the features and services you enjoy on the Portal. Depending on when you subscribe to the Portal, all of the components may or may not be available to you. Any unavailable components shall be made available in piecemeal method over the development timeline set for that major version release of the Portal as by JiT Portals.

As part of our fundamental policy of producing only software that conforms with professional software engineering standards and best practices, we allow any component or plug-in to be integrated into the system and made available for your use when and only when the component has gone through and passed all of our many rigorous quality measurement and assurance procedures. You understand and accept that such procedures may not always take an exactly predictable length of time to complete.

We usually will notify you of new components or plug-ins that become ready for integration through e-mail or on-site messages; and we shall proceed to upload the components or plug-ins to our servers as soon as they are ready without necessarily seeking your permission to proceed with the upgrades. Such upgrades will usually take less than an hour to be completed. During such upgrades however, we may temporarily make the Portal or some services unavailable for use; but services shall be restored immediately upon completion of the upgrade or patch-up. You understand and accept this occasional disruption of services due to system upgrades or patches.

06:  BILLING AND REFUND POLICY

JiT Portals charges and collects money for use of the Portal, either directly or indirectly. Generally, we bill per transaction – meaning that we are entitled to some fees or charges whenever a monetary transaction takes place on the portal. This includes, but is not limited to monetary transactions like:

  • school fees being paid in respect of students who are enrolled on the portal
  • admission form fees being paid respect of candidates whose admission is processed on the portal
  • hostel accomodation fees being paid on the portal
  • transportation fees being paid on the portal
  • and any fees or charges being paid on the portal

The payment amount due to JiT Portals is calculated from the schedule of service fees and charges or ‘as quoted’. We reserve the right to modify the schedule of service fees and charges at any time. Any change of services fees and charges will come into effect immediately at the beginning of the next Term of academic session. You acknowledge and accept that you are obliged to pay such charges as due in order to continue using the Portal or its services; and that all fees and charges, once paid, are not refundable.

Subscriptions may be cancelled at any time, either by you or by JiT Portals. You may cancel your subscription by terminating your account as described under the section TERMINATION OF USER ACCOUNTS in this terms and conditions of use. Premature cancellation of your subscription does not automatically grant you any right for a refund in whole or part.

By using the Portal and/or its services, you hereby acknowledge and accept that we may exercise, at our discretion, service cancellation for delinquent accounts. You are responsible for ensuring the continuance of your account and compliance with this Agreement.

07:  SECURITY AND AVAILABILITY

Given that the Internet and World-Wide Web is a global electronic environment, using the Internet and/or World-Wide Web to collect and process data necessarily involves the transmission of data on an international basis. Therefore, by making an online application or transaction via the Portal and by communicating electronically with us, you acknowledge and agree to our processing of your data in this way.

JiT Portals continuously takes serious security measures against unauthorized access, loss and unlawful processing of the personal data of all users of the Portal. We may at any time and without prior notice (temporarily) interrupt access to the Portal if there is a (potential) security incident and/or technical maintenance required.

After termination, interruption or maintenance it is possible that some of the data that users have tried to register at the time of interruption in the Portal may be lost. All users are aware of and accept this potential risk.

08:  FEEDBACK AND INTELLECTUAL PROPERTY

By submitting feedback, ideas, ratings, reviews, or suggestions ("Feedback") to us publicly through web pages (e.g. forums or social media groups), or privately through "contact us" pages, emails, customer service, and any other direct communication with us, you acknowledge and agree that:

  1. Your Feedback automatically becomes the property of JiT Portals without any obligation of JiT Portals to you;
  2. Your Feedback does not contain confidential or proprietary information of you or any third party;
  3. JiT Portals may use or disclose such Feedback for any purpose, in any way, in any media worldwide;
  4. JiT Portals may have something similar to the Feedback already under consideration or in development; and
  5. You are not entitled to any compensation or reimbursement of any kind from JiT Portals for sharing any feedback with JiT Portals.

09:  THIRD-PARTY SERVICES

The Portal may display, include or make available third-party content (including data, information, plug-ins and other products or services) or provide links to third-party websites or services (“Third-Party Services”). You acknowledge and agree that JiT Portals shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. JiT Portals does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

10:  INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

JiT Portals warrants that they will not knowingly infringe on the copyright or trade secrets of any third party in performing services under this Agreement. To the extent any material used by JiT Portals contains matter proprietary to a third party, JiT Portals shall obtain a license from the owner permitting the use of such matter and granting JiT Portals the right to sub-license its use. JiT Portals will not knowingly infringe upon any existing patents of third parties in the performance of services required by this Agreement, but JiT Portals MAKES NO WARRANTY OF NON-INFRINGEMENT of any Nigerian or foreign patent.

11:  INDEMNIFICATION FOR CLAIMS

If any third party brings a lawsuit or proceeding against you based upon a claim that the Portal breaches the third party’s patent, copyright or trade secrets rights, and it is determined that such infringement has occurred, JiT Portals shall hold you harmless against any loss, damage, expense or cost, including reasonable attorney fees, arising from the claim. This indemnification obligation shall be effective only if:

  1. The third party intellectual property rights involved were known to JiT Portals prior to delivery of the Portal.
  2. You have made all payments required by this Agreement.
  3. You have given prompt notice of the claim and permitted JiT Portals to defend, and
  4. The claim does not result from your modification of the Portal or use of the Portal by unconventional means.

To reduce or mitigate damages, JiT Portals may at its own expense replace the Portal with a non-infringing product or version.

12:  USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not JiT Portals, are entirely responsible for all content that you upload, post, email address, transmit or otherwise make available via the Portal. JiT Portals does not control the content posted via the Portal and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Portal, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will JiT Portals be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Portal.

You agree to NOT use the Portal to:

  1. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, distressing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Harm minors in any way;
  3. Impersonate any person or entity, including, but not limited to, a JiT official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Portal;
  5. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
  8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Portal are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  10. Interfere with or disrupt the Portal or servers or networks connected to the Portal, or disobey any requirements, procedures, policies or regulations of networks connected to the Portal, including using any device, software or routine to bypass our robot exclusion and any such other headers;
  11. Intentionally or unintentionally violate any applicable local, state, national or international laws, including, but not limited to, regulations promulgated by the Nigerian Communications Commission, any rules of any national or other securities agencies, including, without limitation, those of the Independent Corrupt Practices and Other Related Offences Commission, the Economic and Financial Crimes Commission, and any regulations having the force of law;
  12. “Stalk” or otherwise harass another; and/or
  13. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (l) above.

You acknowledge that JiT Portals may or may not pre-screen content, but that JiT Portals and/or their designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any content that is available via the Portal. Without limiting the foregoing, JiT Portals and their designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content submitted to the Portal, including without limitation information in ATLANTIS SchoolManager Message Boards and in all other parts of the Portal.

You acknowledge, consent and agree that JiT Portals may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  1. Comply with legal process;
  2. Enforce the terms;
  3. Respond to claims that any content violates the rights of third parties;
  4. Respond to your requests for customer service; or
  5. Protect the rights, property or personal safety of JiT Portals, users of the Portal and the public.

You understand that the Portal may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by JiT Portals and/or content providers who provide content to the Portal. You may not attempt to override or circumvent any of the usage rules embedded into the Portal. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Portal, in whole or in part, is strictly prohibited.

13:  TERMINATION OF USER ACCOUNTS

You may terminate your ATLANTIS SchoolManager account, any associated user account(s) and access to the Portal by submitting such termination request to JiT Portals.

You agree that JiT Portals may, without prior notice, immediately terminate, limit your access to or suspend your ATLANTIS SchoolManager account, any associated user account(s), and access to the Portal. Cause for such termination, limitation of access or suspension shall include, but not be limited to:

  1. Breaches or violations of the terms or other incorporated agreements or guidelines;
  2. Requests by law enforcement or other authoritative government agencies;
  3. Discontinuance or material modification to the Portal (or any part thereof);
  4. Unexpected technical or security issues or problems;
  5. Extended periods of inactivity of the user account(s);
  6. Engagement by you in fraudulent or illegal activities, and/or
  7. Nonpayment of any fees or charges owed by you in connection with the Portal.

Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in JiT Portals’s sole discretion and that JiT Portals shall not be liable to you or any third party for any termination of your account, any associated user account(s), or access to the Portal.

Termination of your ATLANTIS SchoolManager account includes any or all of the following:

  1. Removal of access to all or part of the offerings within the Portal;
  2. Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
  3. Barring of further use of all or part of the Portal.

14:  DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

JiT Portals DOES NOT WARRANT THAT THIS PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES JiT Portals MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES AVAILABLE ON THE PORTAL. THE PORTAL AND ITS FUNCTIONALITIES ARE PROVIDED ON AN “AS-IS, AS-AVAILABLE” BASIS. JiT Portals DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU ARE SOLEY REPONSIBLE FOR YOUR USE OF THE PORTAL AND/OR ITS SERVICES. UNDER NO CIRCUMSTANCES WILL JiT Portals BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PORTAL AND/OR ITS SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE HELD RESPONSIBLE FOR FACTORS BEYOND OUR CONTROL THAT MAY INTERFERE WITH OUR ABILITY TO PROVIDE ACCESS TO THE PORTAL AND/OR ITS SERVICES. SUCH FACTORS INCLUDE, BUT ARE NOT LIMITED TO SERVER DOWNTIME, USER ID AND PASSWORD VERIFICATION PROBLEMS, OR NETWORK OUTAGES BEYOND OUR SERVERS.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF JiT Portals SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15:  INDEMNITY

You agree to indemnify, defend, and hold JiT Portals harmless from and against any and all claims, liability, losses, costs, and expenses (including lawyers’ fees) incurred in connection with any legal issues arising from the use or alleged use of the Portal.

  1. In no event will JiT Portals be liable to you for lost revenue, profits or data, or special, indirect, consequential, incidental or punitive damages whatsoever, however caused regardless of the theory of liability, arising out of or in any way related to the use of or inability to use the Portal, the provision of or failure to provide support or other services, information, software, and related content through the Portal or otherwise arising out of the use of the Portal, or otherwise under or in connection with any provision of this Agreement, even in the event of the fault, tort (including negligence), strict liability, breach of warranty of JiT Portals, and even if JiT Portals has been advised of the possibility of such damages.
  2. In no event will JiT Portals’ total liability to you for damages, costs and expenses, regardless of cause, exceed the lesser of ₦10,000.00 or the amount paid to JiT Portals by you. The foregoing limitations will apply even if any stated warranty fails of its essential purpose.
  3. JiT Portals shall not be liable for any claim or demand made against you by any third party except to the extent such claim or demand relates to copyright, trade secret or other proprietary rights, and then only as provided in the section of this Agreement entitled "Intellectual Property Infringement Claims".
  4. You shall hold JiT Portals harmless against all claims, liabilities and costs, including reasonable legal fees, of defending any third party claim or suit arising out of the use of the Portal and services provided under this Agreement, other than for infringement of intellectual property rights. JiT Portals shall promptly notify you in writing of any third party claim or suit and you shall have the right to fully control the defense and any settlement of such claim or suit.

16:  UPDATES, MODIFICATIONS AND AMENDMENTS

We may need to update, modify or amend our terms as our technology evolves and business strategy changes. We reserve the right to make changes to this Agreement at any time by giving notice to users on this page.

We advise that you check this page often, referring to the date of effective validity printed on this page. If a User objects to any of the changes to the terms, the User must immediately cease using our Portal and/or services.

17:  APPLICABLE LAW

This Agreement shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria and shall be subject to the exclusive jurisdiction of Nigerian courts.

18:  LEGAL DISPUTES

We shall make an effort to settle all disputes amicably and as quickly as possible. In the event of a dispute not being resolved by mutual agreement/negotiation within 1 (one) month, the parties shall explore a mediated settlement with both parties appointing one (1) Mediator who shall act as a catalyst for resolution. If at any time the Parties are unable to amicably resolve any dispute(s) through negotiated settlement or mediation, either party may refer the matter to be finally settled by arbitration in accordance with the Arbitration & Conciliation Act, Cap A18, Laws of the Federation of Nigeria (LFN) 2004. The arbitration shall take place in Zaria/Kaduna, Nigeria and be conducted in English Language. If the parties fail to agree on the Arbitrator, the Arbitrator shall be appointed by the President of the Chartered Institute of Arbitrators UK (Nigeria Branch). Each Party will bear its costs save for joint costs which will be borne jointly. The findings of the arbitrator and subsequent award shall be binding on both parties. Each party shall bear their respective costs in connection with the Arbitration.

19:  SEVERABILITY

If any portion of this Agreement is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from this Agreement and shall not affect the validity or enforceability of any other part in this Agreement.

20:  ACKNOWLEDGMENT

You acknowledge that you have read and understood this Agreement and that you have had the opportunity to seek legal advice prior to agreeing to it. In consideration of us agreeing to provide the portal and/or its services, you agree to be bound by the terms and conditions stipulated in this document. You further agree that it is the complete and only statement of the agreement between you and JiT Portals, which supersedes all previous versions, any proposal or prior agreement and any other communication between you and JiT Portals relating to the subject matter of this Agreement.

21:  ASSIGNMENT

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written and signed consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.


22:  EFFECTIVE DATE

This Terms and Conditions of Use for ATLANTIS SchoolManager is valid effective from Wednesday, April 24th, 2024.


– END OF GENERAL TERMS & CONDITIONS OF USE FOR –

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