The Case of SchoolNet Namibia/Appendices/Appendix 1

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Appendix 1: Sample of SchoolNet's Agreement Form
Summary[1]

Schools will receive five computers (one server and four clients), all necessary supplemental hardware to make and maintain an internet connection, a username and password to connect to the internet with SchoolNet's internet service, a full suite of desktop and educational software, as well as training and free technical support to ensure continued use at the school once the installation has been completed. In return, schools must provide a secure room accessible to students at all times, identify a teacher and a core of six learners to be responsible for the computer lab, and one night's food and accomodation for the installation team while they're on site.

The Fine Print

ELIGIBLE EDUCATIONAL CLIENT AGREEMENT

Name [Eligible CLIENT - School’s name] ("EC")

____________________

Contact Person

____________________

Postal Address

____________________

____________________

Email Address of Contact Person:

____________________

Telephone Number(s) of Contact Person:

____________________

OPENLAB TECHNOLOGY SERVICE TRANSACTION NUMBER

_________________________________ AND/OR

FIXED-RATE INTERNET ACCESS TRANSACTION NUMBER

_________________________________

for twenty-four hour 7 days/week internet access and/or technical service, support and training at N$ 300 (Namibia Dollar THREE HUNDRED) per month, payable monthly unless otherwise altered under advisement and/or agreed in writing between SchoolNet and the Eligible Client.

This Eligible Client Agreement (the "Client Agreement") is entered into by the Eligible Client ("EC") for the mutual benefit of SchoolNet and the EC with respect to EC’s use of SchoolNet Openlab solutions installed on computers that the EC uses for internet access and educational purposes. This Agreement and associated monthly costs shall be enforceable against the EC by SchoolNet in accordance with its Terms of Service.

By using the SchoolNet Openlab solution, the EC agrees to be bound by all terms of this Client Agreement and its Terms of Service (TOS). If the EC does not agree to the terms of this Client Agreement, it must not use the SchoolNet Openlab solution, and in so doing, forfeits its right to the fixed rate internet service provided by SchoolNet to the EC.

EC agrees and acknowledges:

1. This Agreement permits EC to use the SchoolNet Openlab open source solution and associated fixed rate internet access, which may include "online" (via the internet) or electronic documentation, on the computer(s) on which SchoolNet Openlab was installed at the time the EC received the SchoolNet Openlab solution.

2. All title and intellectual property rights in and to the SchoolNet Openlab solution are provided under GNU Public and other Open Source Licenses. Generally, under these licenses, the word "free" refers to freedom of use, not to price.

3. Learnthings © - this closed-source (proprietary) curriculum material is supplied under licence from Learnthings ©. This licence allows for the distribution of the Learnthings © material to eligible educational Clients' intranet servers and the loading of content from a dedicated local webserver for the exclusive use of SchoolNet Namibia internet subscribers as well as an online test centre for the use by selected eligible educational clients, agreed upon by SchoolNet, in writing.

4. This Agreement does not grant the EC any rights to replace the Openlab solution with any other free, opensource or proprietary operating system, given the nature of SchoolNet’s service obligation to the EC under the TOS.

5. This Agreement does not grant the EC any rights in connection with any trademarks or service-marks of Direqlearn, LearnThings, or SchoolNet Namibia.

The EC shall keep one original signed copy of this Client Agreement and return the other to SCHOOLNET NAMIBIA, within fifteen (15) days of signing this Client Agreement. Accepted and agreed:

ELIGIBLE EDUCATIONAL CLIENT’S NAME

_____________________________________________

By: __________________________________________ (signature)

Name: ________________________________________

Title: __________________________________________

Date: __________________________________________

[please also initial each page of this Agreement and the associated Terms of Service and any appendices]

A signed copy of this Client Agreement should be posted to:
The Executive Director
SchoolNet Namibia
P.O. Box 7102
Katutura
Any queries concerning this Agreement should be addressed to
info@schoolnet.na
0800 00 5793 (toll free from landlines)


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