These Terms and Conditions ("Terms") govern your access to and use of the Ladybug Portal platform ("Platform"), a school data management system operated by Creare Concepts ("we", "our", or "us"), a company registered in Ghana and operating from Accra, Ghana. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
Where the contracting party is a school or educational institution, these Terms apply to the institution as the account holder and to all users operating under that institution's account, including administrators, teachers, students, and parents.
1. Definitions
- "Platform" means the Ladybug Portal school data management system, accessible via ladybugportal.com and associated applications.
- "School" means the educational institution that has contracted with Creare Concepts to use the Platform.
- "School Administrator" means the individual(s) designated by the School to manage the School's account on the Platform.
- "User" means any individual who accesses the Platform, including School Administrators, teachers, students, and parents or guardians.
- "School Data" means all data uploaded to or generated within the Platform by or on behalf of the School, including student records, financial records, attendance data, and academic information.
- "Subscription Fee" means the monthly per-student fee payable by the School for access to the Platform.
2. User Eligibility
- Users must be at least 13 years of age, or have verifiable parental or guardian consent, to access the Platform.
- Students under 13 may only access the Platform where the School has confirmed that appropriate parental or guardian consent has been obtained.
- All users must provide accurate, current, and complete information when creating or managing accounts.
- Accounts are non-transferable and must not be shared with unauthorised persons.
- Students, parents, teachers, and administrators must be affiliated with a School that holds an active subscription to access Platform features.
3. School Account Responsibilities
The School, as the account holder, accepts the following responsibilities:
- The School is responsible for designating an authorised School Administrator to manage the account.
- The School is responsible for ensuring all users operating under its account comply with these Terms.
- The School is responsible for maintaining the accuracy of its account information, including student numbers, fee structures, and contact details.
- The School acknowledges that it is the data controller for all School Data processed through the Platform, and that Creare Concepts acts as the data processor on the School's behalf.
- The School must notify Creare Concepts immediately of any changes in enrolment that materially affect the Subscription Fee calculation.
- The School is responsible for obtaining all necessary consents from parents, guardians, and staff for the collection and processing of their personal data through the Platform.
4. Individual User Responsibilities
- Users are responsible for maintaining the confidentiality of their login credentials.
- Users must notify their School Administrator immediately of any suspected unauthorised access to their account.
- Users are responsible for all activity conducted through their accounts.
- Sharing of login credentials with any unauthorised person is strictly prohibited.
- Users must comply with their School's policies regarding data usage, academic integrity, and conduct.
5. Permitted Use of the Platform
- The Platform is provided for educational, administrative, and communication purposes only.
- Users may not use the Platform for any unlawful purpose or in violation of any applicable Ghanaian law or regulation.
- Unauthorised access to, modification of, or disruption of Platform services is strictly prohibited.
- Users must not attempt to extract, copy, or reproduce Platform data, systems, or code without explicit written permission from Creare Concepts.
- Schools may not resell, sublicense, or otherwise make the Platform available to any third party without prior written consent.
6. Fees, Payments, and Billing
Full details of Creare Concepts' billing practices are set out in the Ladybug Portal Billing Policy, which forms part of these Terms by reference. The key commercial terms are:
- The Platform is offered on a per-student monthly subscription model. The standard rate is 10 Ghana Cedis (GHC) per student per month.
- A minimum monthly fee of GHC 260 applies to schools with fewer than 27 enrolled students.
- An onboarding fee is payable by each School upon initial setup. The onboarding fee is calculated by tier based on school size and is confirmed in the School's onboarding agreement.
- A transaction fee of 2.5% applies to all fee payments processed through the Platform. Of this, 1.95% is payable to the third-party payment processor (Paystack) and 0.55% is retained by Creare Concepts.
- Creare Concepts reserves the right to revise pricing with not less than 30 days' written notice to the School.
- Failure to pay the Subscription Fee within the agreed payment period may result in suspension of access to the Platform.
7. Intellectual Property
- All content, software, code, design, trademarks, and systems on the Platform are the intellectual property of Creare Concepts or its licensors.
- Users may not reproduce, distribute, reverse-engineer, or create derivative works from any part of the Platform without explicit written permission.
- School Data uploaded to the Platform remains the property of the School. Creare Concepts does not claim ownership over School Data.
- Creare Concepts may use anonymised and aggregated data derived from Platform usage for service improvement and analytics purposes, provided that no individual or school can be identified from such data.
8. Data Protection and Privacy
- The collection, processing, and storage of personal data through the Platform is governed by the Ladybug Portal Privacy Policy, which forms part of these Terms.
- Creare Concepts processes School Data as a data processor acting on the instructions of the School as data controller, in accordance with Ghana's Data Protection Act, 2012 (Act 843).
- Schools are responsible for ensuring their use of the Platform complies with all applicable data protection obligations, including obtaining required consents from parents, guardians, and staff.
- Creare Concepts implements appropriate technical and organisational security measures to protect School Data. Each school's data is hosted on a dedicated server environment, isolated from other schools' data.
- In the event of a data breach affecting School Data, Creare Concepts will notify the affected School promptly and take all reasonable steps to contain and remediate the breach.
9. Termination and Data Retention
- Creare Concepts may suspend or terminate a School's access to the Platform for material breach of these Terms, non-payment of fees, or where continued access poses a risk to the Platform or other users.
- A School may terminate its subscription by providing 30 days' written notice to Creare Concepts.
- Upon termination, the School's access to the Platform will cease at the end of the notice period.
- Creare Concepts will retain School Data for a period of 90 days following termination, during which time the School may request an export of its data. After this period, School Data will be securely deleted unless retention is required by law.
- Individual user accounts may be deactivated by the School Administrator at any time. Creare Concepts may also deactivate accounts for violations of these Terms.
10. Disclaimers and Limitation of Liability
- The Platform is provided on an "as is" basis. Creare Concepts makes no warranties, express or implied, regarding the Platform's fitness for a particular purpose, uninterrupted availability, or freedom from errors.
- Creare Concepts will use reasonable endeavours to maintain Platform availability but does not guarantee uninterrupted access.
- Creare Concepts is not liable for any indirect, incidental, special, or consequential loss arising from use of or inability to use the Platform.
- Creare Concepts is not responsible for the accuracy or completeness of data entered into the Platform by Schools or users.
- Creare Concepts is not responsible for the content or practices of any third-party services accessed through or linked from the Platform.
- Creare Concepts' total liability to a School for any claim arising under these Terms shall not exceed the total Subscription Fees paid by that School in the three months preceding the claim.
11. Governing Law and Disputes
- These Terms are governed by and construed in accordance with the laws of the Republic of Ghana.
- Any dispute arising from or in connection with these Terms shall first be referred to good faith negotiation between the parties.
- If a dispute cannot be resolved by negotiation within 30 days, it shall be submitted to mediation under the rules of the Ghana Arbitration Centre.
- If mediation fails, the dispute shall be resolved in the competent courts of Ghana.
12. Changes to These Terms
- Creare Concepts may update these Terms from time to time to reflect changes in the Platform, applicable law, or business practices.
- Schools will be notified of material changes via email at least 30 days before the changes take effect.
- Continued use of the Platform after the effective date of updated Terms constitutes acceptance of the revised Terms.
- If a School does not accept the revised Terms, it may terminate its subscription by providing written notice before the effective date.
13. Contact Information
For questions, concerns, or notices regarding these Terms, please contact:
Creare Concepts — Ladybug Portal
Email: support@ladybugportal.com
Legal Entity: Creare Concepts
Address: Accra, Ghana
Website: www.ladybugportal.com