Important Notice
PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE ACCESSING, LICENSING, OR USING THE ENACUTE SOLUTIONS INDIA PRIVATE LIMITED SCHOOL MANAGEMENT SYSTEM, THE WEB PORTAL HOSTED AT ONLINESCHOOLERP.COM (INCLUDING ALL SCHOOL-SPECIFIC SUBDOMAINS), AND ASSOCIATED MOBILE APPLICATIONS (COLLECTIVELY, THE "PLATFORM").
THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN ENACUTE SOLUTIONS INDIA PRIVATE LIMITED ("PROVIDER", "WE", "US", OR "OUR") AND THE EDUCATIONAL INSTITUTION EXECUTING AN ORDER FORM OR SERVICE AGREEMENT ("CLIENT", "SUBSCRIBER", "SCHOOL", OR "YOU"), AS WELL AS ALL END USERS AUTHORIZED BY THE CLIENT (INCLUDING ADMINISTRATORS, PRINCIPALS, TEACHERS, ACCOUNTANTS, TRANSPORT STAFF, DRIVERS, PARENTS, AND STUDENTS, COLLECTIVELY "END USERS").
BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A SCHOOL, COLLEGE, UNIVERSITY, OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.
1. Definitions
2. Scope of Services and License Grant
2.1 License Grant
Subject to the Client’s compliance with these Terms and timely payment of all subscription fees, Provider grants Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the active subscription term to:
- Access and utilize the SaaS Service via the Client's custom, dedicated subdomain (e.g., school-a.onlineschoolerp.com) for academic and administrative operations.
- Permit End Users to download, install, and use the authorized mobile software applications corresponding to their respective security access roles linked to the Client's subdomain.
2.2 Hosted Service (SaaS) and Subdomain Provisioning
The Platform is a browser-accessible, multi-tenant cloud-hosted software. No physical media or source code transfers will occur. Upon execution of the Service Agreement, Provider shall provision one (1) unique subdomain dedicated to the Client (e.g., school-a.onlineschoolerp.com). We will use commercially reasonable efforts to ensure the subdomain and SaaS services are operational 24/7, excluding scheduled maintenance windows.
3. Client Responsibilities & User Account Security
3.1 Account Creation and Credentials
Client has sole administrative control over its assigned subdomain and is entirely responsible for creating, configuring, and securing all End User logins within that subdomain. You must enforce strict credential hygiene:
- Passphrases must not be shared.
- Each administrator, teacher, driver, and parent must use their own designated credentials.
- You must immediately notify Provider of any unauthorized use of accounts or security breaches affecting your subdomain.
3.2 Age and Guardian Consent
The Platform displays and stores data concerning minors (students). The Client warrants that:
- It has obtained explicit parental/guardian consent to create student profiles, process academic records, and track transit locations on the Platform.
- It complies fully with all regional child online protection laws and national data protection regulations (including India's Digital Personal Data Protection Act (DPDP), GDPR, or COPPA where applicable).
3.3 Subdomain Security and Custody
Client is responsible for all activity occurring under its assigned subdomain. Client agrees to implement reasonable organizational measures to prevent unauthorized external access to its subdomain's administrative panels.
4. Role-Based Access & Permitted Usage
Access permissions within each subdomain are strictly segmented to preserve data isolation and operational integrity. Client represents that it will only allocate administrative, academic, financial, or tracking roles to vetted personnel.
- School Presidents / Principals: Granted aggregate administrative metrics within the Client's subdomain, including holistic attendance, real-time fee collections, and staff directories.
- Class/Subject Teachers: Permitted to manage attendance, submit grades, distribute curriculum, assign homework, and coordinate feedback for assigned cohorts only.
- Transport Heads / Bus Drivers: Authorized to manage transport schedules and transmit real-time GPS coordinates while operating assigned school transport vehicles.
- Accountants / Admins: Granted secure access to modify tuition templates, generate invoices, review balances, and manage general ledgers on the subdomain.
- Parents & Students: Restricted to view-only or interactive-feedback features specifically associated with their unique student record.
5. Escrow Settlement, Fee Collection, and Recurring Debits
The Platform includes integrated financial modules to manage and automate collection parameters. Schools can configure their collection pathways under one of two operational frameworks:
5.1 Dual-Routing Pathways for Fee Collections
Client may elect to process digital collections through one of the following two pathways, specified at the time of onboarding or through their subdomain's administrative configurations:
- Pathway A: Direct Merchant Routing (Standard): The Client integrates its own, independently acquired merchant accounts with our supported Payment Aggregators. Under this pathway, transaction proceeds bypass Enacute entirely and route directly from the Parent's payment method into the School’s registered bank account. Enacute acts strictly as a technical integrator and maintains no financial custody or ledger management responsibilities over these funds.
- Pathway B: Escrow-Managed Settlement Program (Optional Opt-In): Educational institutions seeking to benefit from Enacute's unified, pre-configured collection and automated clearing infrastructure can voluntarily opt into our Escrow-Managed Settlement Program. Enrollment requires the execution of an explicit Escrow Authorization Agreement.
5.2 Bank-Managed Escrow Account Authorization & Collection Flow (Pathway B)
By voluntarily opting into the Escrow-Managed Settlement Program, the Client issues an irrevocable authorization to Provider to collect, receive, hold, pool, and settle the proceeds of all digital transactions executed on the Platform (including through school-a.onlineschoolerp.com).
- Utilization of Third-Party Payment Aggregators: To facilitate secure digital collections, the Platform integrates with authorized, third-party Payment Aggregators. Parents and guardians process transactions via these Payment Aggregators, which securely capture, authorize, and channel the proceeds directly into the bank-managed Escrow Account operated by Provider.
- Exclusive Control: The Escrow Account is maintained and operated exclusively by Provider in partnership with its designated banking partner(s). No third party, including the Client, shall have signing authority, operational control, or direct access to the Escrow Account.
- Provider Legal Standing: Enacute Solutions India Private Limited operates its transactional and aggregator-linked settlement processes in complete alignment with its registered corporate activities under national classifications (incorporating financial service support activities except pension/insurance under NIC Code 66190).
5.3 Settlement Timelines and Adjustments (T+2 Basis - Pathway B)
Standard Settlement: Transaction proceeds captured by our third-party Payment Aggregators and cleared into the Escrow Account shall be remitted to the Client’s registered, verified bank account on a T+2 basis (where T represents the Transaction Date, plus two [2] business days).
Holidays: If the settlement release date falls on a weekend, public holiday, or a banking holiday in India, processing will execute on the next succeeding business day.
Commercial Netting: Provider and its Payment Aggregators are authorized to net, deduct, or withhold from the gross settlement amounts all applicable platform transaction fees, third-party Payment Aggregator convenience rates, chargebacks, refunds, and any relevant statutory taxes prior to executing the settlement transfer to the Client.
5.4 e-Mandate Framework & Recurring Debits
The Platform supports electronic recurring automated payment setups ("e-Mandates") integrated via our Payment Aggregators:
- Authorization: By activating an e-Mandate, the End User (Parent/Guardian) explicitly authorizes the Client's designated financial institution to auto-debit specified billing amounts on recurring schedule dates.
- Client Duty: Client is solely responsible for validating tuition templates, configuring fees, and correcting billing schedules. Provider and its Payment Aggregators are not liable for over-billing or calculation errors caused by Client administrators.
- Failed Transactions: Provider is not responsible for penalties or late payment assessments resulting from failed bank debits due to insufficient funds, expired authorization parameters, or systemic banking network downtime.
6. Transit Live Tracking and Geolocation Data
The Platform provides live GPS tracking of school transit assets for Parents and School Administrators.
Consent to Location Tracking: By utilizing the Transport Head or Bus Driver application, the driver and the Client consent to the collection, processing, transmission, and display of real-time geolocation telemetry.
Intended Use: Geolocation data is strictly for logistical coordination and child safety support. It must not be weaponized or repurposed for stalking, unauthorized surveillance, or third-party advertising.
7. Prohibited Conduct
Client and End Users agree not to:
- Decompile, reverse engineer, disassemble, or attempt to derive the source code of any component of the Platform.
- Circumvent role-based security layers or attempt to access modules for which they have not received express administrative authorization.
- Inject malicious code, scripts, spyware, or execute denial-of-service (DoS) attacks on the hosting environments.
- Store, transmit, or display defamatory, obscene, or infringing material on the Platform (including school event galleries, notices, or communication boards).
- Cross-Tenant Access / Subdomain Probing: Attempt to bypass tenant logical isolation boundaries, probe, or access subdomains or databases allocated to other educational institutions on the onlineschoolerp.com domain (for example, attempting to access school-b.onlineschoolerp.com from school-a.onlineschoolerp.com).
8. Intellectual Property Rights
8.1 Proprietary Ownership
Except for the Client Data, all rights, title, and interest in the Platform, including but not limited to the user interfaces, databases schemas, source code, visual architectures, iconography, mobile app frameworks, brand assets (including "Enacute Solutions India Private Limited" and the domain onlineschoolerp.com) are the exclusive property of Enacute Solutions India Private Limited and are protected under national and international copyright, trademark, and intellectual property laws.
8.2 Client Data Ownership
The Client retains sole and absolute ownership over all raw Client Data inputted into its assigned subdomain database. Client grants Provider a limited, royalty-free, worldwide license to host, process, cache, back up, and transmit Client Data strictly as required to perform the SaaS functionalities under these Terms.
9. Privacy, Security, and Data Compliance
9.1 Data Processing and Privacy Policy
Our processing of student, parent, and employee data is subject to our Privacy Policy, which is incorporated into these Terms by reference. The Client acts as the Data Controller, and Enacute Solutions India Private Limited acts as the Data Processor.
9.2 ISO/IEC 27001:2022 Security Standard and Tenant Isolation
We maintain industry-standard physical, electronic, and procedural safeguards to secure personal data. Enacute Solutions India Private Limited is an ISO/IEC 27001:2022 certified organization, managing its Information Security Management System (ISMS), software engineering controls, customer databases, and customer support channels in strict alignment with this global benchmark.
This includes strict logical database tenant isolation to ensure data from one subdomain (e.g., school-a.onlineschoolerp.com) cannot be read or accessed by users of another subdomain (e.g., school-b.onlineschoolerp.com). However, Client acknowledges that no online transmission or cloud database system is entirely impenetrable to targeted malicious exploitation.
10. Disclaimers & Limitation of Liability
10.1 Warranty Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL RUN UNINTERRUPTED, COMPLETELY ERROR-FREE, OR SECURED FROM ALL FORMS OF CYBERCRIMINAL ATTACKS.
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENACUTE SOLUTIONS INDIA PRIVATE LIMITED, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, DATA, USE, CORRUPTION OF SCHOOL ACCOUNTING DATA, OR FAILURE TO COMMUNICATE CRITICAL NOTICES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE ERP SYSTEM.
Our aggregate liability for all claims relating to the service shall never exceed the total amount of subscription fees actually paid by the Client to Provider in the twelve (12) months immediately preceding the occurrence of the first event giving rise to liability.
11. Indemnification
Client agrees to defend, indemnify, and hold harmless Enacute Solutions India Private Limited, its officers, and employees from and against any third-party claims, liabilities, losses, costs, or expenses (including reasonable legal fees) arising from:
- Client’s breach of any student privacy laws or failure to secure requisite parental consents.
- Any dispute between Client and End Users regarding academic grades, tuition refunds, e-Mandate auto-debit adjustments, or transport safety incidents.
- Any unauthorized, unlawful, or harmful material uploaded to the platform's public-facing galleries, notices, or communication portals.
12. Subscription Term, Termination, and De-Onboarding
12.1 Term
These Terms remain in full force and effect during the active subscription period specified in your signed Service Agreement or billing invoice.
12.2 Suspension for Non-Payment
We reserve the right to suspend Client's administrative access, deactivate their customized subdomain (e.g., school-a.onlineschoolerp.com), and restrict associated End User portal accounts if invoices remain unpaid for more than fifteen (15) calendar days beyond their specified due date.
12.3 Termination for Cause
Either party may terminate the Agreement upon thirty (30) days' written notice of a material breach by the other party, provided such breach is not cured within the 30-day window.
12.4 Post-Termination Data Retrieval
Upon termination or expiration of the subscription, Client shall have a window of thirty (30) calendar days to request an export of their subdomain database entries (in CSV or standard SQL formats). Following this 30-day window, Provider shall permanently delete all Client Data and de-provisions the customized subdomain to prevent residual data storage. Backups are overwritten in normal rotational cycles.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to its conflicts of law principles.
13.2 Arbitration and Jurisdiction
Any legal dispute, claim, or controversy arising out of these Terms shall first be attempted to be resolved amicably through mediation. If unresolved, disputes shall be settled by binding arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The venue for such arbitration shall be Pune, Maharashtra, India, and the language of proceedings shall be English. The courts of Pune shall have exclusive jurisdiction over any enforcement actions.
14. Miscellaneous
Severability: If any provision of these Terms is deemed illegal or unenforceable, the remaining terms shall survive with full effect.
Force Majeure: Neither party shall be liable for failures or delays resulting from acts of God, governmental directives, war, pandemics, cloud hosting provider infrastructure failures, network-wide telecommunications outages, or other causes beyond reasonable control.
Amendments: We reserves the right to modify these Terms. We will notify the Client’s primary administrator of material changes via portal notices or email thirty (30) days prior to the enforcement of updated terms. Continued use of the Platform after the update window constitutes complete acceptance.