ParentPay Portal Terms and Conditions for Parents v5.1 July 2020
The ParentPay Portal Agreement for Parents
Important information you need to know
Please read this Agreement carefully before you activate your ParentPay Portal Account. This information forms the Agreement for your use of the ParentPay Portal and your use of the Parent Account payment service. By activating or continuing to use the ParentPay Portal, you confirm you have read, understood and accept this Agreement. This Agreement will be solely and exclusively between you and us.
Agreement – This Agreement as varied from time to time.
App – The application program designed to provide a subset of the ParentPay Portal services on a mobile phone.
Available Balance – The value of funds loaded onto a Parent Account and available for use.
Direct Debit – An instruction by you to your bank, authorising us to collect varying amounts from your bank account, either as part of a Load, a checkout during a Parent Payment, or as part of an automated payment setup by you, such as an instalment for a trip or an auto top-up for school meals.
Dormancy Date – The date 90 days after a Pupil has been archived from the ParentPay Portal by a School.
Fair Use Policy – A set of guidelines, rules and limits governing the use of the Parent Account service which may be published and varied by us from time to time.
Group – means ParentPay Limited (“the Company”), any holding company of the Company and any subsidiaries of the Company or of any of its holding companies as defined in section 1159 of the Companies Act 2006 and “Group company” shall mean a member of the Group.
Holding Account – a dedicated bank account managed by us, ring fenced from the business accounts, which holds as client monies Parent Account Balances, or Parent Payments prior to remittance to Schools.
Information – Information, including Personal Information, provided by you during the ParentPay Portal Account activation process or subsequently, or provided by the School, for the purposes of: our managing and administering the ParentPay Portal and Parent Account services for you; providing other ParentPay Products and Services to you or the School; or providing other products or services subsequently offered to you by us.
Load – the process of adding funds to a Parent Account using a valid Payment Method.
Parent – you, the party entering this Agreement, as a parent or legally responsible guardian of a Pupil.
Parent Account – The service provided by us for School related payments via the ParentPay Portal, operated as a stored value account service, which includes a balance owned by a Parent, from which Parent Payments can be made.
Parent Account Balance – the balance of funds associated with the Parent Account.
Parent Payments – A payment transaction by a Parent to their child’s School, initiated within the ParentPay Portal and paid using Parent Account Balance, or initiated and paid via a PayPoint Payment.
ParentPay Ltd – ParentPay Limited, a company registered in England and Wales with number 04513692 and whose registered office is at 11 Kingsley Lodge, 13 New Cavendish Street, London, W1G 9UG and whose trading address is Ricoh Arena, Phoenix Way, Coventry CV6 6GE.
ParentPay Portal – The area on the Website that allows you to have secure online access to manage your Parent Payments and related information.
ParentPay Portal Account – A valid and activated account on the ParentPay Portal associated with a Parent.
ParentPay Products – Our products and other professional services provided to our clients.
ParentPay Website – www.parentpay.com or as communicated by us from time to time.
Payment Method – Various payment methods accepted by us from time to time for the purposes of carrying out a Load, or, in the case of PayPoint, a Parent Payment, whereas Payment Methods may be changed from time to time. Currently accepted Payment Methods include credit cards, debits cards, PayPoint and Direct Debit.
PayPoint Payment – a Parent Payment made in cash by Parents, over the counter at PayPoint branded and authorised retailers, agents or terminals, using a valid PayPoint Payment Card or barcode issued by us.
Personal Information – Personal Information as defined within the Data Protection Act.
Pupils – Pupils registered at Schools whose records may be managed by the School using ParentPay Products.
Scheme – An organisation which manages and controls the rules for clearing of payments through a network of participating members or entities, or an organisation which operates or owns such a network, where Schemes which are supported for Loads may include American Express, BACS/Direct Debit, MasterCard, PayPoint and Visa, and where the supported Schemes may change from time to time.
School – A UK registered educational establishment or related organisation, which is our client and is licensed to use ParentPay Products.
Transaction – the process by which a Parent makes a Parent Payment or Parent Account load, via a valid Payment Method, using the ParentPay Products, including any processing or authorisation of the payment.
Transaction Amount – The full transaction amount, including any associated fees.
we, us or our – ParentPay Ltd and our Group.
you, your – you, the Parent, entering into this Agreement.
2. Scope of this Agreement
2.1. This Agreement is written and available only in English and we undertake to communicate with you in English regarding any aspect of the ParentPay Portal service.
2.2. You agree that we may communicate with you by e-mail and/or via the ParentPay Portal and/or via App notifications, for issuing any notices or information about your ParentPay Portal Account and therefore it is important that you ensure you keep your e-mail address updated via the ParentPay Portal.
2.3. This Agreement is solely and exclusively between you and us.
3. Product features
3.1. We provide online software products and related services to Schools in the UK, to enable Schools to: collect and manage income from Parents for services such as school meals, trips and after school clubs; and for Schools to send messages to and communicate with Parents.
3.2. For Parents of Pupils at those Schools, we provide a secure ParentPay Portal Account accessed via the ParentPay Portal or App, which, upon activation, allows Parents to access information published by their child’s School and to make Parent Payments to a School.
3.3. Parent Account is the payment service provided by us via which Parents can make Parent Payments to a School. For the avoidance of doubt, we provide a payment service but are not responsible or liable for the payment items offered by Schools. In using Parent Account, you acknowledge and accept that the contract for the sale of any goods and services which are paid for via Parent Account, and any recourse in respect of those Parent Payments, are solely between you and the School.
3.4. The ParentPay Portal and Parent Account will be subject to limits, which may vary from time to time, as outlined in the Fair Use Policy.
3.5. We are not responsible for: the products and services listed by Schools for Parent Payments; any content entered onto the ParentPay Portal by Schools; any content delivered via the ParentPay Portal by till systems or other third party systems used by Schools; or the content of messages or communication sent or delivered via ParentPay Products from Schools.
4. ParentPay Portal
4.1. You may only apply for a ParentPay Portal Account if you are resident in the UK and your child is registered on roll as a Pupil at a UK registered School. You must be the legal parent or guardian with primary responsibility for your child or have permission from the primary legal parent or guardian to hold a ParentPay Portal Account for that child. We may ask for proof of this legal right and may terminate access to the ParentPay Portal in the absence of this proof.
4.2. During the activation of your ParentPay Portal Account you will need to provide a valid email address that is legally and securely under your control, to be used as a username for accessing the ParentPay Portal, and for receiving information from us, including, but not limited to: Password resets; balance alerts and notifications; payment receipts; information about the ParentPay Portal and about other Products provided or offered by us.
4.3. During the activation of your ParentPay Portal Account you will need to provide a secure password which would not be easily guessed by others. We may require you to change your password from time to time. Your password should not be revealed to anybody else and it is your responsibility to keep your login details safe. You should change your password immediately if you believe it has been compromised. You must notify us immediately if you believe another person may have attempted to access your ParentPay Portal Account, or intends to attempt to do so.
4.6. If we are unable to satisfactorily verify your identity and address from information provided by you or provided by your School, we may terminate your access to the ParentPay Portal.
4.7. You are responsible for: the safekeeping of your ParentPay Portal Account including password security; all use of your ParentPay Portal; all Information provided from your ParentPay Portal Account; any Parent Payments and Transactions against your ParentPay Portal Account; and fees or charges that the ParentPay Portal Account may incur.
5. Parent Account Loads
5.1. Payment Methods used to make Loads must be linked to valid bank or credit card accounts, to which you have a legal right of use, and which are registered in your name and at your address that we hold.
5.2. Credit or debit card payments are usually applied immediately following a successful authorisation of a Transaction from your card. Direct Debits will usually be applied immediately following your instruction or, in the case of an automated payment, after a balance threshold defined by you has been crossed, or, when an instalment previously authorised by you becomes due. PayPoint payments will usually be applied on the morning following authorisation of your transaction via PayPoint. In some circumstances a delay may occur before a payment is applied to your Parent Account or to a Parent Payment.
5.3. You do not have to retain funds on your Parent Account and the Parent Account Balance can be zero. The Parent Account Balance must not be less than zero and we do not offer any credit facility with Parent Account. Parent Account should not be used to maintain balances not intended to be used for Parent Payments and any Parent Account Balance is not interest bearing. If there is any failure to collect funds related to a Load from your bank or card account, including a failed Direct Debit, we may reverse any Parent Payments for which those funds are used, and notify your School of the reversal. In the case of Direct debit, we may also permanently suspend your ability to Load via that Payment Method and in certain circumstances may suspend the Parent Account.
5.4. Parent Payments, Loads and the Parent Account Balance may be subject to minimum or maximum limits defined in the Fair Use Policy from time to time. We reserve the right to reject Parent Payments and Loads outside this range, or to apply a fee as may be defined in the Fair Use Policy.
5.5. Any money held by us as part of a Parent Account Balance, is held in a dedicated Holding Account at an onshore UK bank in Pounds Sterling, such Holding Account being ring fenced from the main business accounts and protected from creditors and also subject to the terms of the Prudental Regualtion Authority Deposit Guarantee Scheme as maintained by the Bank of England.
5.6. We may terminate your access to the ParentPay Portal and refund to you any Parent Account Balance at any time, for a valid reason in accordance with the provisions in this Agreement.
6. Parent Payments
6.1. When using Parent Account to make a payment to School, the Transactions are treated as two separate parts: a Load to your Parent Account and a subsequent Parent Payment spend on a School payment item. We will increase the Parent Account Balance before the Parent Payment Transaction Value is subsequently deducted from the Parent Account Balance within the course of processing the Parent Payment spend.
6.2. The full Transaction Amount of each Parent Payment will be deducted from the Parent Account Balance, at the time the Parent Payment request is submitted. Where the Parent Account Balance is less than the Parent Payment Transaction Value, any existing Parent Account Balance will be deducted first, with the remaining balance requiring a Load for a minimum value of the difference.
6.3. Failure by us to deduct the Transaction Amount at the time of the Parent Payment request does not diminish our right to deduct the Transaction Amount at a later time, nor does it diminish your responsibility to pay to us any shortfall.
6.4. If, for any reason, a Transaction is processed following the submission of a Parent Payment request, for an amount greater than the Parent Account Balance, even if as the result of a system error, you must repay us the amount by which the Transaction Amount exceeds the Parent Account Balance immediately after receiving notification from us. Should you not repay any amounts due to us, immediately after receiving notification from us, we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
6.5. We will treat Parent Payments as genuine if initiated from your ParentPay Portal Account, defined by the use of your unique email address username and password combination, or the transaction was initiated from the App registered to you. Parent Payments completed by anyone with access to your ParentPay Portal Account will be treated as if authorised by you.
6.6. Once a Parent Payment has been authorised, funds are transferred by us as instructed and we cannot change or cancel it. We are unable to process any refunds. You may be able to request a refund for Parent Payments by contacting the School. If a School agrees to give a refund for a Parent Payment, whether in full or in part, we will usually credit the Parent Account Balance immediately following the refund being processed by the School. Refunds will be processed based on a ‘last transaction in first transaction out’ refund hierarchy as defined in our Fair Use Policy from time to time.
6.7. If any Parent Payments or Load transactions are subsequently disputed, we may suspend your access to the ParentPay Portal and your Parent Account Balance pending an investigation. You acknowledge and accept that our responsibility in respect of the Load Transaction, and any recourse or right of reversal of that Load, is limited solely to correctly crediting your Parent Account Balance with any amount which we instruct your bank to deduct from your bank or card account.
6.8. If disputed transactions are subsequently accepted by you, we reserve the right to charge you an administration fee to cover the costs of the investigation by us. The fee will be as defined in the Fair Use Policy from time to time.
6.9. If disputed transactions are upheld by the Schemes and charged back we reserve the right to charge you an administration fee to cover the costs of the charge back to us, and we will reduce the Parent Account Balance by the disputed Transaction Amounts. You must repay any amount by which the Parent Account Balance would otherwise fall below zero, immediately after receiving notification from us. We reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
6.10. We will report all suspected fraud to the appropriate authorities including sharing transaction data and Information with any relevant parties, to the fullest extent necessary to help prevent and detect crime.
7. School meals
7.1. ParentPay Products provide a range of options to Schools and school caterers for managing and charging school meals and managing school meal balances. Not all features are available within all Schools and in some cases we may not be able to provide a school meal account balance to Parents, if the School do not use a supported till system or if this information is not made available to our platform in a supported format.
7.2. By using the ParentPay Portal you consent to the relevant deductions being made from the school meal account balance or Parent Account Balance, as appropriate, for meals taken whereby the amounts owing for school meals will be as indicated to us by the School via their use of ParentPay Products, or by data received by us from a School till system or other third party system used by the School for managing meals.
7.3. We are not responsible for charging of school meals and we do not manage any pricing, charging policies or charging decisions. These are entirely at the discretion of the School or School caterer. Any queries related to meal charging should be raised with the School.
7.4. Where we display any school meal account balance or meal information based on data from a School till system or other third party system, we cannot guarantee the data displayed is accurate or up to date. We are not responsible for any content sent from school till systems or other third party meal management systems and will only display data provided to us in the relevant supported format.
7.5. Where delays occur in posting meal charges to a school meal account balance, this does not diminish your obligation to pay for meals taken. Any charges, whether or not delayed, will be deducted from the school meal account balance, without recourse to another process, and without prior notice, under the consent provided in paragraph 7.2 above.
8.1. You may withdraw funds from your Parent Account by completing the relevant request online within the ParentPay Portal. Withdrawal amounts cannot be greater than the Parent Account Balance and not less than the minimum, which may vary depending upon the Payment Method used previously. There is no charge for making withdrawals which fall within the Fair Use Policy.
8.2. Free withdrawals may be limited to a number of withdrawals per time period, and a minimum amount, as defined within the Fair Use Policy from time to time. Any withdrawals that exceed this number, or fall below the minimum amount, may incur a fee. The fee will be deducted from the Parent Account Balance or from the amount being withdrawn where there is insufficient Parent Account Balance to cover the fee.
8.3. Upon completion of the withdrawal request, we will immediately deduct the withdrawal amount from the Parent Account Balance, such that those funds cannot then be used to make a Parent Payment.
8.4. Withdrawals will normally only be possible to the same Load Payment Method and account used to load funds into the Parent Account. Where necessary, we will process withdrawal requests based on a hierarchy as defined in the Fair Use Policy from time to time. It is your responsibility to ensure you enter accurately any information required to complete a withdrawal. Incorrect entry of data, including account details, may result in your withdrawal being processed incorrectly. In this case it is your sole liability to recover funds from a third party.
8.5. Our procedures may require us to carry out various reasonable checks to prevent fraud before processing a withdrawal request. You will normally receive funds within 3 working days and not later than 10 days. Delays to funds showing on your account may occur, depending upon the Load Payment Method. Where delays are out of our control our sole liability will be to demonstrate we have processed the withdrawal.
8.6. If there are reasonable grounds for thinking that you may not be entitled to a withdrawal based on the evidence available to us at the time you process the request, we may investigate before giving approval, including contacting the School.
8.7. Where approval cannot be given, or where we need to complete additional security checks prior to approving the withdrawal, we will contact you. Any delay in our receiving from you the required information to approve the withdrawal, may increase the time to complete a withdrawal.
8.8. Under no circumstances will any withdrawals be processed to any account not in your name or to a bank account or debit card where the Load Payment Method was a credit card or where we have insufficient information to process a withdrawal as defined by our Security Policy or Anti-Money Laundering Policy or if we believe you may have acted fraudulently or if we are prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency. If in doubt, we may issue the withdrawal to you via your child’s School.
8.9. If we find any additional withdrawals, Parent Payments, fees or charges have been incurred on your Parent Account following the processing of your withdrawal, we will send an invoice to you and will require you to refund us immediately after receiving the invoice. Should you not repay this amount immediately we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
9. Account closures
9.1. You are entitled to close your ParentPay Portal Account at any time. We can return any outstanding Parent Account Balance via the process and terms defined in paragraph 8.
9.2. If your child no longer attends a School, you do not have to close your ParentPay Portal Account. Your child data will be archived and subsequently deleted, according to our Data Protection Policy. If you have other children due to attend the same or a different School, you may retain your ParentPay Portal Account and your login details will remain active. You may maintain your Parent Account Balance.
9.3. Any outstanding Parent Account Balance will remain yours for a period of six years from the Dormancy Date. Subject to paragraph 9, you can request a withdrawal at any time within this period by completing the request online or by contacting Customer Services. We will not return any funds remaining on the Parent Account after six years from the Dormancy Date and this Agreement will terminate.
9.4. If you terminate your ParentPay Portal Account and withdraw all the Parent Account Balance, your Agreement will terminate, however our right to collect amounts outstanding or which become due, survive termination.
10. Your liability and responsibilities
10.1. You hereby agree that you will only use the ParentPay Portal, the Parent Account payment service, and any other products or services we provide to you, strictly in accordance with this Agreement.
10.2. You are responsible for: the safekeeping of your ParentPay Portal Account; and all Information provided via your ParentPay Portal Account and to update any changes to your Information.
10.3. You will remain fully and solely liable for: all use of your ParentPay Portal Account and Parent Account payment service; all Parent Payments authorised from your ParentPay Portal Account; and settling any amounts due as a result of using the ParentPay Portal and Parent Account.
10.4. You agree not to copy the ParentPay Website or the ParentPay Portal without our written permission, nor infringe the intellectual property or content copyrights of us or any third parties connected with us nor use your ParentPay Portal access to aid in the development of a competitive product or service, nor will you allow any third party to access the ParentPay Portal for these purposes, and nor will you use the services in connection with any business or commercial purpose.
10.5. You agree to take all reasonable measures to preclude us from being made a party to any lawsuit or claim regarding ParentPay Products or your use of them, and will indemnify us and hold us harmless, from and against the costs of any legal action taken to enforce this Agreement and/or any breach of this Agreement or fraudulent use of your ParentPay Portal Account and of your Parent Account.
11. Our liability and responsibilities
11.1. We provide the services to you subject to your statutory rights but otherwise provided without any warranty or condition, express or implied, except as specifically stated in this Agreement.
11.2. We will use reasonable endeavours to provide the service in an accurate and timely manner and maintain the availability of the service for you, to keep any money held by us as part of a Parent Account Balance safe and secure, and to hold those funds in a dedicated Holding Account at an onshore UK bank in Pounds Sterling, ring fenced from the main business accounts and protected from creditors, to maintain valid certification under the Payment Card Industry Data Security Standard (PCI DSS), to maintain security of the systems and data in line with appropriate industry standards, and to maintain compliance with the Data Protection Act and to protect Information and Personal Information processed or controlled by us in accordance with paragraph 14.
11.3. We do not guarantee availability of the service and cannot be held responsible for any downtime or difficulties in accessing the service.
11.4. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
11.5. Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
11.5.1. we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to: an inability to process Parent Payments; an inability to process school meal payments; an inability to connect successfully with or exchange data with School systems; and failure of any data processing systems including those of third parties;
11.5.2. we shall not be liable for any loss of profits, goodwill, business, contracts revenue or anticipated savings, or any indirect, consequential, special or punitive losses, even if we are advised of the possibility of such loss or damages;
11.5.3. where the ParentPay Portal is faulty due to our default, our liability shall be limited to provision of a new ParentPay Portal Account, or at our choice, redemption of the Parent Account Balance;
11.5.4. where sums are incorrectly deducted from the Parent Account Balance due to our default, our liability shall be limited to our correction of the Parent Account Balance; and
11.5.5. in all other circumstances of our default, our liability will be limited to refunding of any Parent Account Balance.
11.6. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
11.7. The above exclusions and limitations set out in this paragraph 11 shall apply to any liability of our affiliates or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
12.1. We may change this Agreement, by notifying you by e-mail (provided you have supplied us with an up-to-date e-mail address), or via a ParentPay Portal notification, or the App.
12.2. Any changes will take affect at the earlier of 30 days following the date of the updated Agreement being published on the ParentPay Website or your first use of the ParentPay Portal following the updated Agreement being published on the ParentPay Website or ParentPay Portal.
12.3. If you do not agree with the changes to the Agreement, you may at any time within this period terminate your Agreement and subject to paragraph 8 you can withdraw any Parent Account Balance at that time without a charge. However, in the event you do not cancel during this period then you will be deemed to have accepted the changes and they will apply to you.
13. Termination or suspension
13.1. We can terminate this Agreement at any time if we give you two months’ notice and refund the Parent Account Balance to you without charge.
13.2. We can terminate this Agreement at any time with immediate effect if you have breached this Agreement or we have reason to believe that you have, or intend to use the ParentPay Portal in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process Transactions due to the actions of third parties.
13.3. We can suspend access to the ParentPay Portal at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if we discover any of the information that you provided to us when you applied for, or updated Information in a ParentPay Portal Account, was incorrect or if a Transaction has been disputed or reversed without our consent or if you have a negative Parent Account Balance which is not rectified immediately upon our notifying you or if you have breached this Agreement or if we have reason to believe that you have, or intend to use the ParentPay Portal in a grossly negligent manner or for fraudulent or other unlawful purposes; if we cannot process your transactions due to the actions of third parties.
13.4. In the event that we do suspend or terminate access to the ParentPay Portal then if we are able to do so, we will tell you in advance otherwise we will let you know immediately afterwards, except where doing so may compromise any on-going investigation or conflicts with industry best practice. We may advise anyone involved in the Transaction if a suspension has taken place, including your Schools.
13.5. Subject to paragraph 9, you can terminate this Agreement at any time by contacting Customer Services.
13.6. In the event that any additional fees are found to have been incurred following termination, then subject to this Agreement, you shall refund to us any sum which relates to the ParentPay Portal including any fees and/or charges validly applied whether before or after termination. We will send an invoice to you and will require you to refund us immediately. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
14. Your Information
14.1. You may provide us with Information, including Personal Information, from time to time in connection with the ParentPay Portal, Parent Account or other ParentPay Products or services we provide to you. Some Information will be necessary for us to provide you with the services under this Agreement.
14.3. You agree that we can use your Information in connection with the services in accordance with this Agreement. This may involve providing your Information to our partners, affiliates, agents, distributors, and suppliers to process transactions and for their statistical research and analytical purposes. We may also disclose your Information as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.
15.1. Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
15.2. If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
15.3. You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
15.4. No third party who is not a party to this Agreement has a right to enforce any of the provisions in this Agreement.
15.5. This Agreement is governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales.
16. Contacting Customer Services
16.1. You can contact Customer Services by email: firstname.lastname@example.org. The mailbox is monitored between the hours of 8.00am and 8.00pm, Monday to Friday. You can contact us by writing to Customer Services at ParentPay Limited, Ricoh Arena, Phoenix Way, Coventry CV6 6GE
16.2. We aim to respond to all requests within a reasonable timeframe however at busy periods this may take longer. Further details are available on the ParentPay Website and the ParentPay Portal.