Assessment Windows

EExAT Terms and Conditions
Updated September 2021

These terms and conditions (including the documentation referred to on it) (“Terms and Conditions”) set out the conditions that apply to your use of the Early Excellence Assessment Tracker (“EExAT”). You will use the EExAT solely to report to individual parents, members of staff and applicable educational external bodies (“End Users”) as set out in these Terms and Conditions.

Please read these Terms and Conditions carefully before you start to use the EExAT. By using the EExAT, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the EExAT.

  1. Information about us

EExAT is operated and owned by Early Excellence Limited (“Early Excellence” or “we”). We are a limited liability company, registered in England and Wales under company number 03421364 and have our registered office at The Old School, New Hey Road, Huddersfield, West Yorkshire, HD3 3YJ.

  1. EExAT Access

We give no warranty that the EExAT will be free of defects and / or faults or be available at all times but we will take reasonable measures to ensure that EExAT is available for your use. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. We will not be liable if for any reason the EExAT is unavailable or disrupted at any time or for any period.

  1. EExAT Subscription

The EExAT system has three (3) subscription levels, each for twelve (12) months. Each individual school must have its own account.

  • EExAT Standard (Child Development Framework, reports and documentation)
  • EExAT Standard + (Child Development Framework, reports, documentation and moderation)
  • EExAT Premium (Child Development Framework reports, documentation, moderation and training)

The pricing and features of these is specified at the point of subscription. Any variations to pricing or subscription features will be notified via the website.

Subscribers who join mid-year will be charged from their joining date to 31st August.

  1. Subscription Fees

We determine the price of the subscription and reserve the right to change our prices from time to time. The current prices are notified to you in the subscription process. Subscription fees are exclusive of VAT or equivalent local sales tax where indicated. Subscription fee is charged per school/setting.

We do provide free telephone support for queries and have a technical support team to resolve issues. Dependent on the reason and complexity behind technical issues that are deemed to be due to customer error, we may have to pass our costs on to the school/setting for resolving these.

  1. Cancellation Policy

Twelve month subscriptions (1st September- 31st August) are for a minimum period of twelve months and cannot be cancelled by you before the end of the twelve month subscription period.

We reserve the right to cancel a paid up subscription without a refund upon breach of the site’s terms and conditions.

Upon cancellation of a subscription, access to your EExAT account will be blocked on 31st August, when your subscription ends. At this point you will no longer have access to the data stored within EExAT. It is your responsibility to download or make copies of data within EExAT you may need. Any parents you have given access to EExAT will also be blocked and you should advise them to save any items they wish to keep before your subscription comes to an end. Copies of your data will be stored on our backup systems for 6 months. After this period, all data will be deleted from the system.

If you wish you can request an immediate deletion, but once the data is deleted from our backup systems we can no longer recover it.

  1. Refunds

Subscriptions are non-refundable and non-transferable. You can stop using EExAT at any time and extract your data from the system, but we will not refund any fees unless you are within the first month of your EExAT subscription.

  1. Grant of Rights to use the EExAT

  1. You acknowledge that all intellectual property rights in the EExAT are owned by, or licensed to, Early Excellence and except for the licenses or permissions granted to you under these Terms and Conditions, you have no right, title or interest in the EExAT.

  1. Early Excellence grants you a limited licence to use the EExAT within the UK for the sole purpose of sharing and providing access to the EExAT material to End Users, provided that such use is in accordance with all our instructions from time to time.

  1. Save for disclosing the same to End Users in accordance with these Terms and Conditions, you will treat any information that you obtain through your use of the EExAT as strictly confidential.

  1. Use of Communications Systems

When using any communication system on the EExAT, (including but not limited to the enquiry form and any forums) you should do so in accordance with the following rules:

  1. Obscene or vulgar language must not be used;

  2. Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist, racist or homophobic;

  3. Content that is intended to promote or incite violence must not be submitted;

  4. It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

  5. The means by which you identify yourself must not violate these Terms & Conditions or any applicable laws;

  6. You must not impersonate other people, particularly employees and representatives of Early Excellence or our affiliates; and

  7. Our system must not be used for unauthorised mass-communication such as “spam” or “junk mail”.

  8. You acknowledge that Early Excellence reserves the right to monitor any and all communications made to us or using the EExAT system.

  9. You acknowledge that Early Excellence Limited may retain copies of any and all communications made to us or using the EExAT system.

  10. You acknowledge that any information you send to us, through the EExAT or post on any forums, blogs or social media websites referring to the EExAT or Early Excellence, may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

  1. Restrictions on the use of EExAT

You agree that you will not:

  1. Disclose nor copy the EExAT whether in whole or in part (including the functionality and the “look and feel” of EExAT);

  2. Modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of EExAT;

  3. Knowingly place viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful on to EExAT;

  4. Reverse engineer, disassemble, decompile, decode or adapt EExAT;

  5. Resell, sub licence, assign, distribute, publish, transfer or use EExAT to provide services to anyone other than the End Users, or relating to any other educational establishment than your own.

In addition to the above, you will not:

  1. Use the EExAT, in whole or in part in any way that competes with Early Excellence, including any distribution of the EExAT or any derivative works based on the same; or

  2. Use or allow use of the EExAT in connection with the creation, structuring, development, managing, trading, marketing and or promotion of any product that could compete with or substitute the EExAT.

Early Excellence may provide you with a password to use EExAT. You must keep this password confidential and secure. You are responsible for all use and misuse of your password.

  1. Data Protection

Any personal data (as defined in the Data Protection Act 2018) collected and under the control of Early Excellence will be treated in accordance with the Early Excellence privacy policy (which can be found at my.eexat.com/eexat-privacy-policy (“Privacy Policy”). In line with current GDPR (May 2018) legislation Early Excellence will take reasonable technical and organisational measures appropriate to the nature of the data.

You are the data controller for the data which you, or users you grant access to (including parents), add to EExAT. As part of GDPR legislation you must:

  1. Respond to subject access requests

  2. Have a lawful basis for entering data into EExAT

  3. Use EExAT in a way that complies with data protection law

  4. Keep your contact details up to date

We are the data processor. Our staff who process your data are contractually bound to keep your data confidential.

All processing and storage of your data happens within the EU.

You can modify and delete data you enter. When children leave your setting, you can move them into an archive area, where after 6 months the photographic and video evidence is deleted. Six months after the child leaves year 6, all other data and associated information will be deleted.

  1. Termination

Early Excellence may terminate the licence granted in 7.2 above:

  1. At any time by providing not less than ninety (90) days’ written notice to you; or

  2. Immediately without notice if you breach these Terms and Conditions.

  1. Liability

  1. We assume no responsibility for the accuracy of information provided on the EExAT. We do not guarantee that all the EExAT content will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.

  2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the EExAT or to your downloading of any material posted on it, or on any websites linked to it.

Any commentary, opinions or other materials included in the EExAT content are not intended to amount to advice on which you should rely. To the extent permitted by law we expressly exclude all conditions, warranties and other terms which might be implied by statute, common law or the law of equity.

  1. Reliance

We make every effort to ensure the accuracy of all content on the EExAT. However, commentary, information and other materials posted on our sites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our sites, or by anyone who may be informed of any of its contents.

  1. Site Content

We aim to update the EExAT regularly and may change the content at any time. If the need arises, we may suspend access to the EExAT, or close it indefinitely. Therefore, any of the material on the EExAT may be out of date at any given time, and we are under no obligation to update such material.

  1. Privacy

We process information about you in accordance with our Privacy Policy, which is incorporated into these Terms & Conditions by this reference. By using the EExAT, you consent to such processing, give us permission to share Pupil Data (as defined in the Privacy Policy) and you warrant that all data provided by you is accurate.

For the purpose of site maintenance, testing and enhancements we (and our appointed contractors) may need to access Pupil Data stored within the site. Users may request we access Pupil Data stored within the site. For security purposes, user verification will be sought before discussing Pupil Data stored within the EExAT system.

  1. Third Party Rights

Nothing in these Terms & Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Early Excellence.

  1. Variation

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may have made as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our EExAT website.

  1. Severance.

If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.

  1. Notices

  1. All notices / communications shall be given to us either by post to our premises (see address above) or by email to admin@earlyexcellence.com Such notice will be deemed received three (3) days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

  2. Early Excellence may from time to time send you information about our products and/or services. If you do not wish to receive such information, please Unsubscribe in accordance with our Privacy Policy.

  1. Law & Jurisdiction

These Terms & Conditions and the relationship between you and Early Excellence shall be governed by and construed in accordance with the Law of England and Wales and Early Excellence and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

  1. Who can instruct us

We accept instructions from someone we have registered on the EExAT account who we have verified as an appropriate representative of the account owner such as the Head of school, Manager or Director.

  1. Mandatory Training

You are expected to attend and access free training offer by EExAT. This includes 2 free half day training sessions for new users and the free annual updates training usually offered in the Autumn Term.

  1. Your concerns

If you have any concerns about material which appears on the EExAT, please contact tracking@earlyexcellence.com