Parties & acceptance
These Terms of Service ("Terms") are a legal agreement between Senha Ltd t/a myBursary (company number 16718889, registered in England and Wales - "we", "us", or "myBursary") and the school, college, or other educational institution that activates a myBursary subscription ("you" or "the Institution").
By activating a subscription, clicking "I agree", or using the myBursary platform, the authorised representative of the Institution agrees to these Terms on its behalf. If you do not agree, do not use the platform.
The service
myBursary provides a cloud-hosted software platform for managing 16–19 Bursary Fund applications, assessments, payment scheduling, and compliance reporting ("Services"). The Services include:
- The myBursary admin portal (web application for institution staff)
- The student application portal
- Automated email notifications to students and staff
- Data export and compliance reporting tools
- Customer support via email during business hours
We may update, improve, or modify the Services at any time. We will provide reasonable notice of material changes that affect existing functionality. We will not remove features that you rely on for ESFA compliance without at least 60 days' notice.
Access & accounts
We will provision admin accounts for the authorised staff members nominated by the Institution during onboarding. You are responsible for:
- Ensuring only appropriate staff have admin access
- Keeping account credentials confidential and not sharing passwords
- Promptly notifying us if you suspect unauthorised access to an account
- Removing access for staff who leave or change role
- Ensuring your staff comply with these Terms when using the platform
We may suspend access to any account where we have reasonable grounds to believe it has been compromised or is being used in breach of these Terms.
Subscription & payment
Fees
Subscription fees are as set out in the order form or quote provided to the Institution. Fees are payable annually in advance unless otherwise agreed in writing. All fees are stated exclusive of VAT, which will be added at the prevailing rate.
Invoicing and payment
Invoices are issued at the start of each subscription period. Payment is due within 30 days of the invoice date. We accept payment by BACS bank transfer or by card via our payment processor.
Late payment
If payment is not received within 30 days of the due date, we may: (a) charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998; and (b) suspend access to the platform until payment is received. We will give 7 days' written notice before suspending access.
Price changes
We will give at least 60 days' notice before increasing subscription fees. Any increase takes effect at the start of the next subscription period. You may terminate without penalty if you do not accept a price increase.
Refunds
Subscription fees are non-refundable except where required by law or where we materially fail to deliver the Services. If we are at fault, we will provide a pro-rata refund for any unused subscription period.
Acceptable use
You agree not to use the Services to:
- Process data for any purpose other than managing the 16–19 Bursary Fund (or other legitimate student support schemes agreed with us)
- Upload malicious code, viruses, or any content intended to damage or disrupt the platform
- Attempt to circumvent security measures, access other institutions' data, or probe for vulnerabilities
- Resell, sublicence, or otherwise make the Services available to third parties without our written consent
- Use the Services in a way that violates applicable law, including data protection law
- Provide false or misleading information to us or to students via the platform
We may monitor usage patterns for security and operational purposes. We will not access student data except for support purposes explicitly authorised by the Institution.
Intellectual property
myBursary retains all intellectual property rights in the platform, including its software, design, documentation, and trade marks. These Terms do not transfer any ownership rights. We grant you a limited, non-exclusive, non-transferable licence to access and use the Services during your subscription period, solely for your own internal business purposes.
You retain ownership of all data you input into the platform, including student application data. You grant us a limited licence to process that data solely to provide the Services, as described in our Data Processing Agreement.
You may provide us with feedback or suggestions about the Services. We may use that feedback to improve the Services without any obligation to you.
Data & privacy
Our Data Processing Agreement sets out how we handle personal data processed through the platform. It is incorporated into these Terms. By accepting these Terms, you also accept the DPA.
As data controller for student bursary data, the Institution is responsible for ensuring it has a lawful basis to process that data and for complying with its obligations under UK GDPR and the Data Protection Act 2018.
Availability & SLA
Scheduled maintenance
We perform routine maintenance between 22:00 and 06:00 GMT on weeknights, and between 00:00 and 08:00 GMT at weekends. We will give at least 48 hours' notice of extended maintenance that exceeds 30 minutes.
Unplanned outages
In the event of a significant unplanned outage (more than 2 hours of unavailability in any calendar month), we will credit your next invoice by a pro-rata amount for the outage period. Credits do not apply where the outage is caused by your actions, third-party providers, or events outside our reasonable control.
Support
Email support is available during business hours (09:00–17:30 GMT, Monday to Friday, excluding English bank holidays). We aim to respond to all queries within one business day. Critical issues (platform inaccessible) receive priority response within 4 business hours.
Liability
Limitation of liability
To the fullest extent permitted by law, our total aggregate liability to you in any 12-month period, whether in contract, tort (including negligence), or otherwise, shall not exceed the total subscription fees paid by you to us in that period.
Excluded losses
We shall not be liable for: loss of profit, loss of revenue, loss of goodwill, loss of anticipated savings, indirect or consequential loss, or loss of data (except where caused by our negligence in failing to maintain adequate backups).
What we do not exclude
Nothing in these Terms limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited by law.
Your responsibility
You are responsible for ensuring that decisions made using the platform are lawful, appropriate, and consistent with your published bursary policy. myBursary provides tools to support those decisions - we do not make bursary decisions on your behalf.
Termination
By you
You may cancel your subscription at any time by giving us 30 days' written notice. Cancellation takes effect at the end of the then-current subscription period. No refund is due for unused time within a paid period.
By us
We may terminate your subscription immediately on written notice if: (a) you materially breach these Terms and fail to remedy the breach within 14 days of notice; (b) you become insolvent; or (c) you use the platform in a way that is unlawful or poses a security risk to other customers.
Effect of termination
On termination, your access to the platform will cease. We will handle your data in accordance with clause 11 of the DPA (return or deletion). You should export any data you need before termination takes effect.
Changes to terms
We may update these Terms from time to time. We will notify you by email at least 30 days in advance of any material change. Your continued use of the platform after the effective date of the change constitutes your acceptance of the updated Terms.
If you do not accept a material change, you may terminate your subscription without penalty within 30 days of receiving the notice, with a pro-rata refund for any unused subscription period.
General
- Governing law: These Terms are governed by the law of England and Wales. Disputes are subject to the exclusive jurisdiction of the English courts.
- Entire agreement: These Terms, together with the DPA and any agreed order form, constitute the entire agreement between us and supersede any prior agreements.
- Severability: If any provision of these Terms is found to be unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, without affecting the remaining provisions.
- Waiver: Failure to enforce a provision is not a waiver of the right to enforce it later.
- Force majeure: Neither party is liable for failure to perform obligations due to events outside reasonable control (natural disasters, strikes, government action, major infrastructure failures).
- Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms to a successor entity in a merger or acquisition, provided the successor agrees to be bound by them.
- Notices: Notices under these Terms shall be sent by email to the addresses provided during onboarding, or by post to the registered addresses of the respective parties.