TERMS AND CONDITIONS
Data Protection & Service Agreement
Version 2.2 — Last Updated: January 2025
These Terms and Conditions ("Agreement") govern the provision of the KMPUS school management software platform by KMPUS ("KMPUS", "we", "us", or "our") at https://kmpus.io to the educational institution, training provider, or organisation that subscribes to the Services (the "Client"). By accepting these Terms, subscribing to the Services, or accessing the Platform, the Client agrees to be bound by this Agreement.
1. Definitions & Interpretation
In this Agreement, unless the context otherwise requires, the following terms shall have the meanings set out below:
- "Agreement" means these Terms and Conditions, including all schedules and annexes attached hereto, as may be amended from time to time.
- "Client" means the educational institution, training provider, or organisation that subscribes to the Services provided by KMPUS.
- "Data Controller" means the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of Personal Data. In the context of this Agreement, the Client acts as the Data Controller.
- "Data Processor" means the natural or legal person which processes Personal Data on behalf of the Data Controller. In the context of this Agreement, KMPUS acts as the Data Processor.
- "Data Subject" means an identified or identifiable natural person whose Personal Data is processed under this Agreement, including but not limited to students, learners, parents, guardians, and staff members.
- "GDPR" means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council, as supplemented by the Irish Data Protection Act 2018 and any successor legislation.
- "Personal Data" means any information relating to an identified or identifiable natural person, as defined in Article 4(1) of the GDPR.
- "Special Category Data" means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, or data concerning a person's sex life or sexual orientation, as defined in Article 9 of the GDPR.
- "Services" means the KMPUS school management software platform delivered as a Software-as-a-Service (SaaS) solution, accessible at https://kmpus.io, including all features, modules, updates, and support provided under this Agreement.
- "Sub-processor" means any third party engaged by KMPUS to process Personal Data on behalf of the Client.
- "Platform" means the KMPUS web-based application and any associated mobile applications, APIs, and integrations.
- "Supervisory Authority" means the Data Protection Commission (DPC) of Ireland or any other competent data protection authority as applicable.
- "Breach" or "Personal Data Breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
2. Service Agreement
2.1 Scope of Services
This Agreement governs the provision of KMPUS school management software services to the Client. The Platform provides a comprehensive suite of tools for educational administration, including but not limited to student enrolment and registration management, attendance tracking and reporting, academic assessment and grading, timetable and scheduling management, communication tools for staff, students, and parents, document management, compliance reporting, and financial administration.
2.2 Acceptance
By accepting this proposal, subscribing to the Services, or accessing the Platform, the Client agrees to these Terms and Conditions and acknowledges understanding of data processing requirements under the GDPR and the Irish Data Protection Act 2018.
2.3 Nature of Service
The Services are delivered as a Software-as-a-Service (SaaS) solution hosted on secure cloud infrastructure within the European Union. The Client accesses the Platform via the internet through standard web browsers. KMPUS retains ownership of all intellectual property rights in the Platform, and the Client is granted a non-exclusive, non-transferable licence to use the Services for the duration of this Agreement.
2.4 Modifications to Services
KMPUS reserves the right to modify, improve, or update the Platform to enhance functionality, security, or compliance. Material changes that affect the Client's use of the Services will be communicated with reasonable advance notice. Such modifications shall not materially diminish the core functionality available to the Client during the subscription term.
3. Data Protection & GDPR Compliance
3.1 Data Controller and Data Processor Relationship
The Client acts as the Data Controller for all Personal Data of students, learners, parents, guardians, and staff processed through the Platform. KMPUS acts as the Data Processor, processing Personal Data solely on behalf of the Client and in accordance with the Client's documented instructions.
KMPUS shall not process Personal Data for any purpose other than the provision of the Services as set out in this Agreement, unless required to do so by European Union or Member State law to which KMPUS is subject. In such a case, KMPUS shall inform the Client of that legal requirement before processing, unless the law prohibits such disclosure on important grounds of public interest.
3.2 Lawful Basis for Processing
The processing of Personal Data is carried out on the following lawful bases under the GDPR:
- Legitimate Interests (Article 6(1)(f)): Processing is necessary for the legitimate educational and administrative interests pursued by the Client, provided that such interests are not overridden by the interests or fundamental rights and freedoms of the Data Subjects.
- Public Task (Article 6(1)(e)): Where the Client is a publicly funded educational institution, processing may be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Client.
- Contractual Necessity (Article 6(1)(b)): Processing is necessary for the performance of a contract to which the Data Subject is a party, such as an enrolment agreement.
- Legal Obligation (Article 6(1)(c)): Processing is necessary for compliance with a legal obligation to which the Client is subject, including educational reporting requirements under Irish law.
- Consent (Article 6(1)(a)): Where none of the above bases apply, or where required by the Client's internal policies, processing may rely on the freely given, specific, informed, and unambiguous consent of the Data Subject.
For Special Category Data, processing relies on:
- Substantial Public Interest (Article 9(2)(g)): Processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law.
- Explicit Consent (Article 9(2)(a)): Where applicable, explicit consent of the Data Subject or their parent/guardian has been obtained.
3.3 Categories of Personal Data Processed
The Platform may process the following categories of Personal Data on behalf of the Client:
- Student/Learner Data: Full name, date of birth, gender, nationality, GNIB number (where legally required), student ID, enrolment records, attendance records, academic results and assessments, disciplinary records, photographs, and contact details.
- Parent/Guardian Data: Full name, contact details (address, phone number, email), relationship to student, emergency contact information, and communications records.
- Staff Data: Full name, employee ID, contact details, role and department, qualifications, training records, and system access logs.
- Special Category Data (where provided by the Client): Medical or health information, special educational needs (SEN) data, disability information, religious affiliation, and ethnic origin where collected for equality monitoring or educational support purposes.
- Technical Data: IP addresses, browser type, login timestamps, session data, and usage analytics (anonymised where possible).
3.4 Data Processing Principles
KMPUS, in its capacity as Data Processor, adheres to the data protection principles set out in Article 5 of the GDPR. All Personal Data processed through the Platform shall be processed lawfully, fairly, and transparently; collected for specified, explicit, and legitimate purposes; adequate, relevant, and limited to what is necessary (data minimisation); accurate and kept up to date; kept for no longer than necessary; and processed in a manner that ensures appropriate security against unauthorised processing and accidental loss or damage.
3.5 Data Protection Impact Assessments (DPIA)
KMPUS shall assist the Client in conducting Data Protection Impact Assessments where required under Article 35 of the GDPR, particularly where processing is likely to result in a high risk to the rights and freedoms of Data Subjects.
3.6 Records of Processing Activities
KMPUS maintains a record of all processing activities carried out on behalf of the Client, in accordance with Article 30(2) of the GDPR. These records are available to the Supervisory Authority upon request.
3.7 Data Protection by Design and by Default
In accordance with Article 25 of the GDPR, KMPUS implements data protection by design and by default, including pseudonymisation and encryption of Personal Data where appropriate, role-based access controls, default privacy settings that process only the minimum data necessary, and regular review of data collection practices.
4. Data Subject Rights
KMPUS provides technical and organisational measures to support the Client in fulfilling its obligations with respect to Data Subject rights under GDPR Articles 15 to 22.
4.1 Right of Access (Article 15)
Data Subjects have the right to obtain from the Client confirmation as to whether or not Personal Data concerning them is being processed, and where that is the case, access to the Personal Data and associated information. The Platform provides data export functionality to assist the Client in responding within the statutory timeframe of one month.
4.2 Right to Rectification (Article 16)
Data Subjects have the right to obtain the rectification of inaccurate Personal Data without undue delay. The Platform enables the Client to update and correct Personal Data directly.
4.3 Right to Erasure (Article 17)
Data Subjects have the right to obtain the erasure of Personal Data under certain circumstances. The Platform provides mechanisms for the Client to delete individual records, and KMPUS shall ensure erasure is executed across all systems, including backups, within the timeframes specified in Section 6.
4.4 Right to Restriction of Processing (Article 18)
Data Subjects have the right to obtain the restriction of processing under certain circumstances. The Platform supports the ability to restrict the processing of specific records while retaining the data.
4.5 Right to Data Portability (Article 20)
Data Subjects have the right to receive their Personal Data in a structured, commonly used, and machine-readable format. The Platform supports data export in standard formats including CSV and JSON.
4.6 Right to Object (Article 21)
Data Subjects have the right to object to the processing of their Personal Data in certain circumstances. The Client is responsible for evaluating objection requests and instructing KMPUS accordingly.
4.7 Automated Decision-Making (Article 22)
The Platform does not engage in automated decision-making, including profiling, which produces legal effects concerning Data Subjects or similarly significantly affects them. Any analytical or reporting features provided by the Platform are intended solely as tools to assist the Client's staff in making informed decisions and do not substitute human judgement.
4.8 Response Timeframes
KMPUS shall assist the Client in responding to Data Subject requests within the legally mandated timeframe of one month from receipt of the request. Where requests are complex or numerous, the response period may be extended by a further two months in accordance with Article 12(3) of the GDPR.
5. Data Access & Confidentiality
5.1 No Access Without Consent
KMPUS does not access, view, retrieve, or process the Client's Personal Data stored on the Platform for any purpose other than the provision of the Services as described in this Agreement. Under no circumstances will KMPUS access Client data without the Client's prior, explicit, and documented consent.
5.2 Circumstances Requiring Access
In limited and exceptional circumstances, KMPUS may require access to Client data for the following purposes, each of which requires the Client's express written consent:
- Technical support and troubleshooting at the Client's request.
- Data restoration from backups following a system incident, as described in Section 6.
- Investigation of system errors or anomalies reported by the Client.
- Compliance with a legal obligation or binding order from a competent authority, in which case KMPUS shall notify the Client prior to access unless legally prohibited from doing so.
5.3 Access Controls
Access to Client data by KMPUS personnel is granted on a strictly need-to-know basis and limited to the minimum necessary to fulfil the specific support or maintenance task. All access events are logged and auditable. Access credentials are managed through multi-factor authentication and revoked immediately upon completion of the authorised task. KMPUS reviews the register of authorised personnel quarterly.
5.4 Confidentiality Obligations
All KMPUS personnel who may have access to Personal Data are bound by contractual confidentiality obligations in accordance with Article 28(3)(b) of the GDPR. These confidentiality obligations survive the termination of employment or engagement with KMPUS.
6. Backup & Data Recovery Policy
6.1 Backup Schedule and Retention
KMPUS maintains automated daily backups of all Client databases. Backups are retained for a rolling period of fifteen (15) days. Upon expiry of the 15-day retention period, older backups are automatically overwritten and permanently destroyed by the newer backup cycle.
6.2 Backup Encryption
All backup data is encrypted using industry-standard AES-256 encryption algorithms, both at rest and in transit. Encryption keys are managed in accordance with KMPUS's key management policy, with keys stored separately from the backup data and rotated on a regular schedule.
6.3 Backup Storage Location
All backup data is stored on secure servers located within the European Union, specifically within the Amazon Web Services (AWS) EU infrastructure region. Backup data is never transferred to, stored in, or accessible from any location outside the European Economic Area (EEA).
6.4 Backup Access Restrictions
Backup data is not shared with, accessible to, or disclosed to any person, entity, or organisation outside of KMPUS. Within KMPUS, access is restricted to a limited number of authorised systems administrators. Backup data is never used for analytics, marketing, research, or any purpose other than disaster recovery and data restoration. All access is logged, monitored, and subject to periodic audit.
6.5 Data Restoration Procedures
In the event that data restoration is required, the Client must submit a written data restoration request to KMPUS via support@kmpus.io. KMPUS will assess the request, confirm the scope, feasibility, and expected timeframe, and notify the Client upon completion of the restoration.
6.6 Backup Deletion on Termination
Upon termination of this Agreement and following the data export period described in Section 15, all Client data contained in backups will be permanently deleted within sixty (60) days. KMPUS will provide written confirmation to the Client upon completion of backup data deletion.
7. Security & Technical Safeguards
7.1 Technical Measures
KMPUS implements appropriate technical and organisational measures to ensure a level of security appropriate to the risk, in accordance with Article 32 of the GDPR. These measures include:
- Encryption of all Personal Data at rest using AES-256 encryption and in transit using TLS 1.2 or higher.
- Role-based access control (RBAC) with the principle of least privilege applied across all system components.
- Multi-factor authentication (MFA) for all administrative and privileged access.
- Regular vulnerability assessments and penetration testing conducted by security specialists at least annually.
- Intrusion detection and prevention systems (IDS/IPS) monitoring for suspicious activity in real time.
- Web application firewall (WAF) protection against common threats including SQL injection, cross-site scripting (XSS), and DDoS attacks.
- Automated security monitoring and alerting with 24/7 incident response capability.
7.2 Infrastructure Security
The Platform is hosted on Amazon Web Services (AWS) infrastructure within the EU region. AWS data centres maintain the following certifications and compliance standards: ISO 27001 (Information Security Management Systems), ISO 27017 (Cloud Security), ISO 27018 (Protection of Personal Data in the Cloud), SOC 1, SOC 2, and SOC 3 reports, and compliance with the EU Code of Conduct for Cloud Service Providers (CISPE).
7.3 Staff Training & Awareness
All KMPUS personnel undergo mandatory data protection and information security training upon hiring and at regular intervals thereafter (at minimum annually). Training covers GDPR obligations, data handling procedures, incident recognition and reporting, phishing awareness, and secure coding practices for development staff.
7.4 Personal Data Breach Response
In the event of a Personal Data Breach, KMPUS shall:
- Notify the Client without undue delay and in any event within twenty-four (24) hours of becoming aware of the Breach, in accordance with Article 33(2) of the GDPR.
- Provide the Client with sufficient information to enable the Client to fulfil its obligations to notify the Supervisory Authority (Data Protection Commission of Ireland) within 72 hours where required under Article 33(1) of the GDPR.
- Provide an initial assessment of the nature and scope of the Breach, including the categories and approximate number of Data Subjects affected and the likely consequences.
- Recommend appropriate mitigation measures and implement such measures as are within KMPUS's control.
- Cooperate fully with the Client in investigating the Breach and communicating with the Supervisory Authority and affected Data Subjects as required.
- Maintain a documented record of all Breaches in accordance with Article 33(5) of the GDPR.
7.5 Business Continuity & Disaster Recovery
KMPUS maintains a documented Business Continuity and Disaster Recovery (BC/DR) plan, which is tested at least annually. The plan ensures that Services can be restored within a reasonable timeframe following a major incident, with a Recovery Point Objective (RPO) aligned to the 15-day backup retention cycle and a Recovery Time Objective (RTO) appropriate to the nature of the incident.
8. International Data Transfers
8.1 Data Residency
All Client Personal Data processed through the Platform is stored, processed, and maintained exclusively within the European Union (EU) and the European Economic Area (EEA). Data does not leave EU/EEA borders during normal operations, backup procedures, or maintenance activities.
8.2 Prohibition on Transfers Outside the EEA
KMPUS shall not transfer or permit the transfer of Client Personal Data to any country or territory outside the European Economic Area without the prior written consent of the Client and without ensuring that one of the following safeguards is in place: an adequacy decision under Article 45 of the GDPR, Standard Contractual Clauses under Article 46(2)(c), Binding Corporate Rules under Article 47, or an approved code of conduct or certification mechanism under Articles 40 or 42.
8.3 Sub-processor Transfers
Where any Sub-processor engaged by KMPUS has the potential to access Personal Data from outside the EEA, KMPUS shall ensure that appropriate safeguards as described in Section 8.2 are in place and shall inform the Client of any such arrangements.
8.4 Transfer Impact Assessments
Where transfers outside the EEA are contemplated, KMPUS shall carry out a Transfer Impact Assessment (TIA) in accordance with guidance from the European Data Protection Board (EDPB).
9. Sub-processors
9.1 Authorisation
The Client provides general authorisation for KMPUS to engage Sub-processors for the purposes of delivering the Services. KMPUS shall maintain a current list of Sub-processors and make this available to the Client upon request.
9.2 Obligations Imposed on Sub-processors
Where KMPUS engages a Sub-processor, it shall impose on the Sub-processor, by way of a written contract, the same data protection obligations as set out in this Agreement, in accordance with Article 28(4) of the GDPR.
9.3 Notification of Changes
KMPUS shall notify the Client in writing of any intended changes concerning the addition or replacement of Sub-processors. If the Client raises a reasonable objection on data protection grounds and no resolution can be reached, the Client may terminate this Agreement without penalty.
9.4 Liability
KMPUS remains fully liable to the Client for the performance of the Sub-processor's obligations under the sub-processing agreement.
10. Data Retention & Deletion
10.1 Retention Principles
Personal Data processed through the Platform is retained only for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable law. The Client, as Data Controller, retains full control over data retention periods.
10.2 Client Control Over Retention
The Client may request the deletion of specific records or categories of data through the Platform's administrative interface or by contacting support@kmpus.io. The Platform provides data export functionality to allow the Client to retrieve data prior to deletion for archival purposes.
10.3 Automated Retention Policies
Where the Client configures automated retention policies within the Platform, KMPUS shall implement these policies as instructed. Automated deletion processes are logged and auditable.
10.4 Legal and Regulatory Requirements
The Client acknowledges that certain data may be subject to mandatory retention periods under Irish or EU law, including financial records under Revenue Commissioners requirements, educational records under Department of Education regulations, and employment records under workplace legislation. The Client is responsible for ensuring that retention periods configured within the Platform comply with all applicable legal and regulatory requirements.
10.5 Secure Deletion
When data is deleted through the Platform, KMPUS ensures that deletion is performed securely and irreversibly using industry-standard data destruction methods. Deleted data is rendered unrecoverable within the active database immediately, and within backup systems upon the natural expiry of the 15-day backup retention cycle.
11. Client Responsibilities
11.1 Privacy Notices
The Client must provide appropriate privacy notices to all Data Subjects whose data is processed through the Platform, in accordance with Articles 13 and 14 of the GDPR.
11.2 Consent Management
Where processing relies on the consent of the Data Subject, the Client is responsible for obtaining, recording, and managing consents in accordance with the GDPR.
11.3 Data Accuracy
The Client is responsible for ensuring the accuracy and completeness of Personal Data entered into the Platform, and for implementing processes for regular review and update.
11.4 User Management
The Client controls user access, roles, and permissions within the Platform and must ensure that access is granted on a need-to-know basis. The Client must promptly revoke access for any user who no longer requires it and is responsible for the security of user credentials.
11.5 Acceptable Use
The Client shall use the Platform only for lawful purposes in connection with its educational and administrative activities. The Client shall not use the Platform to process data it is not lawfully entitled to process, to store or distribute malicious software, or to infringe the intellectual property rights of any third party.
11.6 Cooperation with Audits and Inspections
The Client shall cooperate with KMPUS in any audit or inspection activities necessary to demonstrate compliance with GDPR obligations.
12. Audit & Compliance
12.1 Right to Audit
In accordance with Article 28(3)(h) of the GDPR, KMPUS shall make available to the Client all information necessary to demonstrate compliance with the obligations set out in this Agreement and the GDPR, and shall allow for and contribute to audits, including inspections, conducted by the Client or an independent auditor mandated by the Client.
12.2 Audit Procedures
Audits shall be conducted with reasonable advance notice (not less than 30 days) and shall be carried out during normal business hours. The Client shall bear the costs of any audit. Where an audit reveals that KMPUS has failed to comply with an obligation expressly set out in this Agreement, KMPUS shall bear the reasonable costs of the audit and shall implement the necessary corrective measures at its own expense within a reasonable timeframe.
12.3 Compliance Documentation
Upon written request, KMPUS shall provide the Client with documentation including a summary of technical and organisational security measures, records of processing activities, details of Sub-processors, evidence of staff training, a summary of the BC/DR plan, incident and breach response logs, and DPIA templates.
12.4 Regulatory Cooperation
KMPUS shall cooperate fully with the Data Protection Commission of Ireland and any other competent Supervisory Authority in the exercise of their functions.
13. Service Levels & Support
13.1 Availability
KMPUS targets system availability of 99% uptime, measured on a monthly basis, excluding planned maintenance windows. Scheduled maintenance will be performed during off-peak hours where possible, and the Client will be notified at least 48 hours in advance of any planned downtime.
13.2 Support
Standard technical support is available during business hours (10:00 AM to 4:00 PM, Monday to Friday, excluding Irish public holidays). Support requests may be submitted via email to support@kmpus.io. Critical issues affecting system availability or data integrity are responded to within 24 hours. KMPUS aims to acknowledge all non-critical support requests within 48 hours and to provide a resolution or update within 5 business days.
13.3 Updates and Maintenance
Regular platform updates, security patches, and feature enhancements are included at no additional cost as part of the subscription. Updates are deployed in a manner designed to minimise disruption, and the Client is notified of material changes to functionality or user interface in advance.
14. Payment & Billing
14.1 Payment Terms
Monthly subscription fees are billed in advance. Payment is due within ten (10) days of the date of invoice. Late payments may incur interest charges at a rate of 1.5% per month on the outstanding balance, calculated from the due date until payment is received in full.
14.2 Price Adjustments
Subscription fees may be adjusted annually. KMPUS shall provide the Client with at least ninety (90) days' written notice of any price changes. If the Client does not agree to the adjusted fees, the Client may terminate this Agreement in accordance with Section 15 without penalty, provided notice is given prior to the effective date of the price change.
14.3 Taxes
All fees quoted are exclusive of applicable taxes, including Value Added Tax (VAT). The Client is responsible for the payment of all applicable taxes in connection with the Services.
15. Termination & Data Return
15.1 Termination
Either party may terminate this Agreement by providing thirty (30) days' written notice to the other party. Subscription fees are non-refundable except in cases of material service failure by KMPUS that has not been remedied within a reasonable period following written notification.
15.2 Data Export
Upon termination of this Agreement, the Client's data will be made available for export for a period of thirty (30) days in standard, machine-readable formats including CSV and JSON. KMPUS shall provide the Client with reasonable assistance in extracting and exporting data during this period.
15.3 Data Deletion After Termination
Following the expiry of the 30-day data export period, all Client data, including Personal Data, shall be securely deleted from the Platform and all active systems within thirty (30) days. All Client data contained in backup systems shall be permanently deleted within sixty (60) days of termination, as backups are overwritten during the normal 15-day backup cycle. KMPUS shall provide written confirmation to the Client upon completion of all data deletion.
15.4 Survival
The provisions of this Agreement relating to data protection, confidentiality, limitation of liability, and any other provisions which by their nature are intended to survive termination, shall remain in effect after the termination or expiry of this Agreement.
16. Liability & Indemnification
16.1 Limitation of Liability
To the maximum extent permitted by applicable law, KMPUS's total aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total subscription fees paid by the Client in the twelve (12) months immediately preceding the event giving rise to the claim. Both parties exclude liability for indirect, consequential, incidental, or special damages, including loss of profits, loss of data, or loss of business opportunity, except to the extent that such exclusion is prohibited by applicable law.
16.2 Data Protection Indemnification
The Client agrees to indemnify and hold harmless KMPUS against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or in connection with the Client's non-compliance with the GDPR, the Irish Data Protection Act 2018, or any other applicable data protection legislation, or the Client's breach of this Agreement.
16.3 Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to acts of God, natural disasters, pandemics, government actions, labour disputes, power failures, or failures of third-party telecommunications or internet infrastructure.
17. General Provisions
17.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the European Union, including the GDPR, and the laws of Ireland. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Ireland.
17.2 Entire Agreement
This Agreement, together with any schedules and annexes, constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior agreements, negotiations, representations, and understandings. No amendment or modification shall be effective unless made in writing and signed by both parties.
17.3 Severability
If any provision of this Agreement is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.
17.4 Waiver
No failure or delay by either party in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy. A waiver is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
17.5 Assignment
The Client may not assign or transfer its rights or obligations under this Agreement without the prior written consent of KMPUS. KMPUS may assign this Agreement to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that the assignee assumes all obligations under this Agreement.
17.6 Notices
All notices required or permitted under this Agreement shall be in writing and shall be delivered by email or registered post. Notices to KMPUS shall be sent to support@kmpus.io. Notices to the Client shall be sent to the email address provided at the time of registration. Notices shall be deemed received upon confirmation of delivery.
17.7 Third-Party Rights
This Agreement does not confer any rights on any person or party other than the parties to this Agreement and their respective successors and permitted assigns.
Contact
For questions about this Agreement or to submit notices to KMPUS, please contact us at:
KMPUS
36 North Great George Street
Dublin, Dublin 1, D01 XK19
Ireland
Email: support@kmpus.io