Terms and Conditions

1. Parties and acceptance

These Terms govern the use of Milepost (the “Service”), provided by Teaching Mr Allen Limited, a company registered in England and Wales (company number 16227056), registered office Unit 29 Highcroft Industrial Estate, Enterprise Road, Horndean, Waterlooville, PO8 0BT, United Kingdom (“we”, “us”, “Milepost”), by the school or organisation that has signed an order or subscription for the Service (the “Customer”, “you”). By accessing or using the Service, the Customer agrees to be bound by these Terms.

2. Definitions

• Customer Data means any data, including personal data, that the Customer or its authorised users submit to or generate within the Service.
• Authorised Users means staff, administrators, or other individuals the Customer permits to access the Service under its account.
• Order means an order form, quote, or online sign-up confirming the subscription, fees, and term agreed between the parties.
• DPA means the Data Processing Agreement entered into alongside these Terms, governing our processing of personal data within Customer Data.

3. The Service

Milepost is a web-based platform for staff and student information management, including modules such as staff directories, duty rostering, timetabling, gradebook/assessment tracking, pastoral records, and internal communications, as made available to the Customer under its Order. We may add, change, or discontinue features from time to time, provided this does not materially reduce the overall functionality the Customer has subscribed to during its current term without reasonable notice.

4. Access and accounts

The Customer is responsible for its Authorised Users' accounts, including keeping login credentials confidential and ensuring use of the Service complies with these Terms, and for the accuracy of Customer Data it or its Authorised Users input. We may suspend an account where we reasonably believe it poses a security risk, is being used in breach of these Terms, or where fees are materially overdue, having given reasonable notice where practicable.

5. Fees and payment

Fees, billing frequency, and payment terms are as set out in the applicable Order. Fees are exclusive of VAT; Teaching Mr Allen Limited is not currently VAT-registered.

6. Customer Data and data protection

As between the parties, the Customer owns and remains the Data Controller for all Customer Data. We process personal data within Customer Data only as necessary to provide the Service and in accordance with the DPA, which is incorporated into these Terms by reference and takes precedence over these Terms in relation to data protection matters.

7. Intellectual property

We (or our licensors) own all right, title, and interest in and to the Service, including its software, design, and documentation. Nothing in these Terms transfers ownership of the Service to the Customer. The Customer retains all rights in Customer Data, and grants us a licence to use it solely to provide the Service.

8. Acceptable use

The Customer must not, and must ensure Authorised Users do not:

• use the Service unlawfully or to store/process data they are not entitled to hold;
• attempt to gain unauthorised access to the Service or other customers' data;
• reverse-engineer or attempt to extract source code from the Service, except as permitted by law; or
• use the Service to send unsolicited communications.

9. Availability and support

We will use reasonable efforts to keep the Service available and to provide support at support@milepost.fit, but do not guarantee uninterrupted availability.

10. Confidentiality

Each party will keep the other's confidential information confidential and use it only as necessary to perform its obligations under these Terms, except where disclosure is required by law.

11. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care. Except as expressly stated, the Service is provided “as is” and we exclude all other warranties to the extent permitted by law, including implied warranties of fitness for a particular purpose.

12. Limitation of liability

Nothing in these Terms limits either party's liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law. Subject to that, our aggregate liability under these Terms is limited to the fees paid by the Customer in the 12 months preceding the claim, and neither party is liable for indirect or consequential loss.

13. Term and termination

These Terms remain in effect for the subscription term stated in the Order, renewing as set out there, unless terminated earlier. Either party may terminate for the other's uncured material breach after 30 days' written notice, or immediately if the other becomes insolvent.

14. Data on termination

On termination, we will make Customer Data available for export for a reasonable period, after which it will be deleted in accordance with the DPA, unless we are required by law to retain it for longer.

15. Changes to these Terms

We may update these Terms from time to time. For material changes, we will give the Customer reasonable notice before they take effect.

16. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them, save that either party may seek injunctive relief in any competent court.

17. General

• Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all assets.
• Neither party is liable for delay or failure to perform due to events beyond its reasonable control.
• These Terms, together with the Order and the DPA, form the entire agreement between the parties and supersede any prior agreements on the same subject.
• If any provision is found unenforceable, the remaining provisions continue in effect.

18. Contact

Teaching Mr Allen Limited, Unit 29 Highcroft Industrial Estate, Enterprise Road, Horndean, Waterlooville, PO8 0BT, United Kingdom. Email: admin@teachingmrallen.com or support@milepost.fit.