CPOMS StaffSafe Terms & Conditions

Click on the applicable link(s) to download a PDF copy of the term and conditions.

CPOMS StaffSafe Schools Licence Agreement

CPOMS StaffSafe Customer Licence Agreement

If you are a Multi-Academy Trust or other group of schools or settings, click on the link below.

Supplementary Terms for Group Licences

Terms & Conditions

These terms and the attached schedules (together, the “Agreement”) apply between CPOMS Systems Limited, of CPOMS House, Acorn Business Park, Skipton, BD23 2UE (“CPOMS Systems”, “we”, “us”, “our”) and your school or academy (the “School”, “you”, “your”), each a “Party” and, together, the “Parties”, and govern our provision and your use of the Services.

Compliance with the UK GDPR
This Agreement is a processing agreement between a controller (the School) and a processor (CPOMS Systems). The Parties agree that it meets the requirements for a controller’s instructions to its processor, including the mandatory clauses set out in Article 28 of the UK GDPR and that, consequently and subject to clause 19 (Variation), neither Party will require the other to sign any other agreement in relation to the provision of the Services.

1. Definitions and Interpretation

The definitions of the terms used in this Agreement shall be as follows:

Agreed Information means the data fields that the School agrees will be exported from its MIS to CPOMS.

Authorised User means an employee or agent of the School who is granted authorisation by the School to access CPOMS and use the Services.

Business Day means any day other than a Saturday, Sunday or public holiday in England.

Charges means the fees payable by the School for the Services as set out at www.cpoms.co.uk/pricing.

Commencement Date means the earlier of:

  • the date of CPOMS Systems’ first invoice for the Charges in respect of the Minimum Term, and
  • the date on which an Authorised User first logs into CPOMS.

Confidential Information means:

(1)    Information specific to the other Party’s business activities, technology or sales that has been disclosed (including electronic formats) that is proprietary or confidential and is clearly labelled as such or identified as Confidential Information in clause 10 that the information is confidential

(2)    Information specific to the other Party’s business activities, technology or sales that has been indicated as being confidential while being disclosed verbally or by demonstration and that has been presented in writing (including electronic formats) within 10 days of disclosure

(3)    School-Specific Information and

(4)    The content of this Agreement

but Confidential Information does not include:

  1. Information that was already public knowledge at the time of disclosure, or which becomes public knowledge after the disclosure through no fault of the Party receiving the Confidential Information (hereafter “the Recipient”)
  2. Information that the Recipient has rightfully obtained without obligations of confidentiality, and
  3. Information that the Recipient has developed independently without reliance on Confidential Information that has been disclosed.

Confidential Materials means materials received from the other Party that contain Confidential Information including Confidential Information received via a network, such as email, that have been fixed in a tangible form.

CPOMS means the CPOMS software-as-a-service and, where the context requires, the hardware, operating systems, databases and hosting services from and via which it is delivered.

CPOMS Support means the helpdesk supplied by CPOMS Systems to provide support to Authorised Users and to respond to enquiries relating to the Services and this Agreement.

CPOMS Website means the website with the URL www.cpoms.co.uk that CPOMS Systems publishes on the Internet with details of CPOMS and the services offered.

Data Protection Legislation means the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the UK GDPR and any replacement legislation coming into effect from time to time.

Force Majeure means a circumstance, act, event, omission or accident beyond the reasonable control of the Party claiming the event of force majeure which results in that Party being unable to observe or perform its obligations at all or in part or on time under this Agreement or from carrying on its business. Such circumstances include, but are not limited to, acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage, revolution and strikes, failure of a utility service or telecommunications or transport network, accident, breakdown of plant or machinery and default of suppliers or subcontractors.

Insolvency Event means if either Party: (a) being a company, has a petition presented for its liquidation or calls a meeting to propose a resolution for its liquidation (other than solely for solvent amalgamation or reconstruction) or has a petition presented for the appointment of an administrator or has a receiver or administrative receiver appointed over it or any of its assets or makes any voluntary arrangement with its creditors; or (b) being an individual (or if a firm or partnership, any of its partners or members), has a petition presented for his bankruptcy, or has a receiver appointed over his affairs, or makes any voluntary arrangement with his creditors or (in the case of a firm or partnership) proposes or has presented against it a petition for its dissolution; or (c) in either case undergoes any analogous event in any jurisdiction where it is domiciled.

Intellectual Property means all copyright (including future copyright), patents, trademarks and service marks (registerable or not), rights in Internet domain names and website addresses and other rights in trade names, designs (registerable or not), database rights, eligible circuit layout rights, trade secrets, applications for any of the foregoing, know-how and other intellectual property rights in any country or jurisdiction.

MIS means management information system.

Renewal Date means the date, specified in the applicable invoice issued by CPOMS Systems, on which a Renewal Term begins.

Renewal Term means a period of twelve months for which the School will continue to receive the Services following the Minimum Term, as defined in clause 2.1.

School Content means the personal data, and other digital content that is imported, entered, uploaded, stored, accessed or transmitted into CPOMS by or on behalf of the School.

School-Specific Information means the information relating to the School that CPOMS Systems collects and processes as a Controller for the purpose of providing the Services and managing the contract and customer relationship.

Services means CPOMS software-as-a-service and CPOMS Support, as described in this Agreement.

Student means a pupil or student who attends the School and whose personal data is processed in CPOMS.

Term means the Minimum Term plus all Renewals Terms, including any partial Renewal Term immediately preceding termination of this Agreement.

UK GDPR means the General Data Protection Regulation (EU) 2016/679, as transposed into the national laws of the United Kingdom by operation of section 3 of the European Union (Withdrawal) Act 2018 and amended by the Data Protection Act 2018.

Virtual Machine means the cloud operating systems that CPOMS Systems uses to provide the Services. Virtualisation technology splits a physical computer into multiple logical computers, each of which is operated under an independent operating system.

Virtual System means a collection of Virtual Machines and virtual infrastructure (including, but not limited to, virtual memory disks and virtual communications facilities), with a single virtual firewall and independent networks for each virtual subnet on the inside of the firewall.

Virus means anything or device (including any software, code, file or programme) which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network, or any other service or device, prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by rearranging, altering or erasing the programme or data in whole or part or otherwise) or adversely affect the user experience including worms, Trojan horses, viruses and other similar things or devices.

  • Definitions in this clause 1, shall apply unless expressly stated otherwise.
  • In the interpretation of this Agreement including these terms and conditions, the following provisions apply unless the context otherwise requires:
    • reference to “clause” shall mean a numbered clause this Agreement
    • the clause headings are for ease of reference only and will not be relevant to interpretation
    • words in the singular number include the plural and vice versa
    • words importing a gender include any other gender
    • a reference to a person includes bodies corporate and unincorporated associations and partnerships
    • any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms
    • any reference to a statute, statutory provision, subordinate legislation, code or guideline (“legislation”) is a reference to such legislation as amended and in force from time to time, and
    • monetary references are references to pounds sterling.
2. Term
  • This Agreement will commence on the Commencement Date and, unless terminated earlier in accordance with clause 3 (Termination), will continue for a minimum of twelve months (the “Minimum Term”).
  • CPOMS Systems acknowledges that circumstances may arise in which the School requires to be invoiced on a pro rata basis for an initial period of less than twelve months, for example:
    • where the School wishes to align its annual payment of the Charges with the start of its financial year, or
    • where the School is moving into a Multi Academy Trust (“MAT”) and the MAT will be taking over payment of the Charges from a specified date.
  • In such event, and upon receiving a request from the School, CPOMS Systems will issue an invoice for the requested period (the “Initial Period”), stating the Renewal Date and setting out the pro-rated Charges, calculated by reference to the then-current annual Charges and the length in days of the Initial Period.
  • A request for an Initial Period will not relieve the School of its commitment under clause 1 to the Minimum Term; in such event, the Minimum Term will be the Initial Period together with the first Renewal Term.
  • Thereafter this Agreement will automatically renew for subsequent Renewal Terms at the end of the Minimum Term and of each Renewal Term.
3. Termination
  • The School may give written notice to CPOMS Systems, not later than one month before the end of the Minimum Term or the relevant Renewal Term, to terminate this Agreement at the end of the Minimum Term or relevant Renewal Term, as the case may be.
  • Either Party may terminate this Agreement immediately by notice in writing if the other Party (i) is in material breach of any term of this Agreement and such breach is not remedied within 30 days of it being notified of the breach, or (ii) undergoes an Insolvency Event.
  • CPOMS Systems may immediately terminate this Agreement, without notice to the School, if:
    • requested by a law enforcement or regulatory authority or to avoid the Services infringing any law or regulation, or
    • the School is in breach of its obligations under clause 8 (Prohibitions).
  • On termination of this Agreement, the Services will immediately terminate and the School’s right to use software and content licensed by this Agreement immediately ceases. Any Charges paid by the School shall be retained by CPOMS Systems and termination for any reason will not give rise to a right of refund.
4. Provision of the Services
    • Subject to the terms and conditions of this Agreement, CPOMS Systems shall provide the Services to the School and permit use by the Authorised Users for the Term with due care and skill and in accordance with the terms of this Agreement and so that the Services comply in all material respects with this Agreement.
    • The undertaking at clause 1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to CPOMS Systems’ instructions, or modification or alteration of the Services by any party other than CPOMS Systems or CPOMS Systems’ duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, CPOMS Systems will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the School with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the School’s sole and exclusive remedy for any breach of the undertaking set out in clause 4.1. Notwithstanding the foregoing, CPOMS Systems:
      • does not warrant that the School’s use of the Services will be uninterrupted or error-free; or that the Services and/or the information obtained by the School through the Services will meet the School’s requirements, and
      • is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the School acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
    • Save to the extend necessary to enable the School to use CPOMS in the manner described in Schedule 3 – Description of the Services, the School shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:
      • is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive
      • facilitates illegal activity
      • depicts sexually explicit images
      • promotes unlawful violence
      • is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or
      • is otherwise illegal or causes damage or injury to any person or property,

and CPOMS Systems reserves the right, without liability or prejudice to its other rights to the School, to disable the School’s access to any material that breaches the provisions of this clause 4.

  • CPOMS Systems may suspend the School’s access to CPOMS in the event that the School and/or any Authorised User uploads any material to CPOMS in breach of clause 3. The School shall remove any materials from CPOMS that are in breach of clause 4.3 immediately and in any event upon request from CPOMS Systems. CPOMS Systems may, at its discretion and without prejudice to its rights at clause 3, restore the School’s access to the CPOMS once such material has been removed.
  • The School acknowledges that School Content is provided or transmitted at the School’s own risk and that the School is solely responsible and liable for all of its School Content and its accuracy, quality and legality and the means by which the School acquired the School Content. The School acknowledges and agrees that CPOMS Systems makes no guarantees whatsoever regarding the School Content and is not responsible or liable for monitoring or otherwise ensuring the integrity, completeness or accuracy of any of the School Content.
  • The School must:
    • only access and use the Services:
      • for its own business purposes and not access, use or reproduce any part of the Services for any other purpose (except, for security or back-up purposes), and
      • in accordance with any operating instructions and procedures and documentation set out or referred to in this Agreement or that CPOMS Systems notifies to it from time to time, including procedures and policies relating to security, access and passwords, and
      • in accordance with all applicable laws and regulations.
    • ensure that any other person (including Authorised Users) who is permitted to access or use the Services complies with the relevant provisions of this Agreement.
  • The School shall be liable for the acts and omissions of Authorised Users in respect of the Services as if they were its own.
Schedule 1 - Data Processing Activities
1. Categories of Data

The categories of data to be processed by CPOMS Systems on behalf of the School include the following:

  • Names
  • Unique Pupil Number (UPN)
  • Parent/guardian names
  • Parental consents
  • Student contact details
  • Parent/guardian contact details
  • School attended
  • Date of Birth
  • Gender
  • Photographs, videos
  • Membership of clubs, societies
  • Dietary requirements
  • Allergies and intolerances
  • Medical conditions and treatment
  • Blood Group
  • Disability Information
  • Racial or ethnic origin
  • Religious or philosophical beliefs
  • Pregnancy Status
  • Safeguarding disclosures
  • Disciplinary records
  • Incident history
  • Year Group
  • Registration Group (Class/Form)
  • Admission & Leaving Dates
  • Free School Meals (FSM)
  • Looked After Child (LAC)
  • Special Educational Needs (SEN)
  • Gifted and Talented
  • Pupil Premium
  • Siblings’ information
  • Examination & Test Results
  • Attendance Records
  • Languages (Home, First, EAL)
  • Dinner Money & Other Payments
  • School Fees
2. Categories of data subjects
  • Students registered at the School, including prospective and former Students
  • Parents/guardians and other family members of the Students
  • Authorised Users
  • Other members of staff at the School (teaching and non-teaching, including part-time and peripatetic), and
  • Other persons who may be involved in incidents and matters relating to a Student and who are identified in reports logged in CPOMS.
  •  
3. Processing operations
  • Obtaining and extracting School Content
  • Hosting School Content as a service
  • Performing and retaining back-ups of CPOMSs and of School Content, and
  • Returning School Content to the School on termination of this Agreement.
  •  
4. Purposes of processing
  • To provide a secure means for the School to conduct the case management, reporting, record-keeping and other activities relating to the safeguarding of Students.
5. Duration of processing
  • The processing will continue for the Term of this Agreement and for such longer period as is necessary to transfer the School Content on termination.
  • The School, as a controller, is responsible for setting and applying data retention and deletion policies for personal data in the School Content, and for ensuring that records for each Student are retained and deleted in compliance with applicable laws and guidance.
Schedule 2 - Sub-processors

The following subcontractors are engaged by CPOMS Systems as sub-processors to process personal data for CPOMS Systems under this Agreement, in accordance with clauses 10.5, 10.6 and 10.7 of this Agreement.

Name and Address of SubcontractorDescription of Services
Microsoft UK
Microsoft Campus. Thames Valley Park. Reading. Berkshire. RG6 1WG		Provision of Azure hosting services at two or more datacentres in the UK.

It may be necessary for the School to engage a service provider to perform the migration of data from its management information system (MIS) into CPOMS. CPOMS Systems may introduce a provider but will not be a party to the contract, which will be between the School and the provider.

There are several service providers with the required capabilities and the following examples are among the most commonly used:

Name and Address of SubcontractorDescription of Services
Groupcall Limited2 Darker St, Leicester LE1 4SLMigration of Student data from the School’s MIS into CPOMS, e.g. via the MIS API.
Wonde14 Kings Court Rd, Willie Snaith Rd, Newmarket CB8 7SGMigration of Student data from the School’s MIS into CPOMS, e.g. via the MIS API.
Schedule 3 - Description of the Services
1. CPOMS Software-as-a-Service
Overview

CPOMS is a system for case management, data-sharing, recordkeeping and reporting of incidents and other matters relating to the safeguarding of children and other vulnerable individuals.

Service Delivery

CPOMS is delivered in the form of software-as-a-service (SaaS). The School will access CPOMS over the internet using one or more of the following supported web browsers:

  • Microsoft Edge – Current version plus previous 2 versions
  • Mozilla Firefox – Current version plus previous 1 version
  • Google Chrome – Current – Current version plus previous 1 version
  • Apple Safari – Current version plus previous 1 version

It may be possible to access CPOMS using other browsers by special arrangement.

Functionality

CPOMS functionality will include (but not be limited to) the following:

  1. Recording, managing and reporting on
    • Child Protection and Safeguarding
    • Attendance
    • Inclusion
    • Bullying incidents
    • SEN progress
    • Domestic issues
    • Behaviour
    • Welfare
    • Looked after children
  2. Features that enable you and your Authorised Users to:
    • Log incidents, causes for concern and notes
    • Alert specific Authorised Users when an incident has been logged
    • Scan paper records and upload to a Student’s file or to a specific incident
    • Keep track of Students using customisable categories, such as ‘Child Protection’, ‘Bullying’ or ‘SEN’ etc.
    • Use keywords to group individual Students, for example to see all Students with a CAF
    • Create links between related Students or those in the same household maybe with different surnames
    • View details of a Student’s special educational needs and medical conditions
    • Link an incident to multiple Students and have the incident details copied into each applicable Student record
    • Enable multiple Authorised Users to add input to an incident, record meetings held, communications with parents/carers and referrals to external agencies
    • Share specific information on an individual Student or incident with the Authorised Users and external agencies who are authorised to receive it
    • Confirm the sending and receipt of communications with automated date and time stamping
    • Set reminders for themselves or for other Authorised Users and receive notifications when actions have been completed
    • Request CPOMS Support to recover data accidentally deleted (must be within 28 days of deletion and CPOMS Systems will make all reasonable efforts to recover it)
    • Print a Student’s records to pass to their new school or, if applicable, request CPOMS Support to transfer a Student’s records electronically to their new school, and
    • Set the retention period to ensure compliance with your data retention policy and with any applicable legal, regulatory and other requirements.
  3. Evidence based Incident/Case Monitoring

CPOMS allows tracking of referrals to external agencies, such as the NHS/CAMHS, Social Care Services and the Police.

Using the incident and action logging functionality of CPOMS, you can follow a referral from the initial stage, keep a record of communications (including letters and phone calls) and be alerted if timescales are not being met.

You can use the same functionality to track communications with relevant individuals, e.g. Students, parents and carers. Meetings, conversations and decisions, e.g. to undertake a Common Assessment Framework (CAF) assessment can all be recorded.

  1. Training

Training resources are available on request by emailing [email protected].

Training

Training resources are available on request by emailing [email protected].

MIS integration

If you choose to have MIS integration setup, CPOMS will automatically extract the Agreed Information from the School’s MIS between approximately 02.00 and 06.00 on each Business Day.

Where automatic extraction is not possible, we will use reasonable efforts to arrange manual extraction in a manner that minimises the impact on the School’s use of CPOMS.

Planned Maintenance
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Urgent Upgrades and Fixes

On occasions it may be necessary to apply changes at short notice due to unexpected conditions, to correct identified software errors or for infrastructure reasons and it may be necessary to suspend service during this time.

CPOMS Systems will make reasonable efforts to keep such incidents to a minimum and resume the Services without undue delay.

Hosting – available hours

CPOMS will generally be available for access by the School 24x7x365 and the target minimum availability time is 99% per annum (subject to the paragraph below).

The availability level set out above does not apply in respect of any availability issues that result from:

  • Factors outside our reasonable control (for example, a network or device failure external to our data centre, including at the School)
  • The School’s use of services or software not provided by CPOMS Systems
  • The School’s use of CPOMS in a manner inconsistent with the terms of this Agreement, or
  • Planned maintenance and urgent upgrades and fixes.
New Releases of CPOMS
  • CPOMS Systems constantly monitors CPOMS and its security measures, making improvements and corrections which are developed, tested and implemented.
  • These are released in line with our change management procedures, including back-out procedures in the event that a release has an unexpected adverse impact on the Services.
  • The implementation of a new release is instantaneous. CPOMS Systems will make all reasonable efforts to avoid disruption to the Services.
2. CPOMS Support Services

CPOMS Systems will provide CPOMS Support services to assist Authorised Users with problems and enquiries relating to the use of CPOMS and the Services.

CPOMS Support cannot advise on what information should be recorded in CPOMS.

Support Hours
  • CPOMS Support agents are available on Business Days during the following hours (“Service Hours”)
 MonTueWedThuFri
Start08:3008:3008:3008:3008:30
Finish17:3017:3017:3017:3017:00
Procedure for raising a support ticket

Contact CPOMS Support by:

  • Clicking the ‘Contact Support’ link in CPOMS
  • Telephone: 01756 797766, or
  • Email: [email protected].

Once the ticket is logged you will receive a notification email confirming your ticket has been opened and its reference number. The ticket will then be directed to the appropriate CPOMS Support agent.

  • Calls and emails sent to CPOMS Support outside the Support Hours will be dealt with on the next Business Day.
  • To obtain an update on a ticket, contact CPOMS Support quoting your call reference number.
3. Information Security
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4. Service Decommissioning on Termination

This decommissioning process will come into operation upon termination of this Agreement.

CPOMS Systems will:

  • Support the School to ensure an orderly closedown of the Services
  • Provide the School with one copy of the School Content, and
  • If requested by the School and for an additional charge, provide assistance with transferring the School Content to another provider.

Following the migration of the School Content or the provision of copy, CPOMS Systems will:

  • Delete the School Content from CPOMS
  • Delete all back-up copies in accordance with the back-up procedures and timelines
  • On request, notify the School when deletion is complete
  • Return or securely destroy, at the option of the School, any School documentation or other materials then in its possession, and
  • Terminate all access by the School and its Authorised Users to the Services and to CPOMS.