Terms of Engagement

1. Introduction and Agreement

These Terms of Engagement ('Terms') govern the provision of professional attendance analysis and consultancy services ('the Services') by Edvance Technologies Ltd (Company No. 11548882) trading as AttendTrack ('we', 'us', 'our'), with its principal place of business in Essex, England.

By commissioning an engagement, the school, academy, multi-academy trust, or other educational organisation ('the Client', 'you', 'your') agrees to be bound by these Terms.

These Terms should be read alongside our Privacy Policy and Data Processing Agreement, both of which form part of the overall agreement.

2. Definitions

In these Terms, the following definitions apply:

• 'Services' means the professional attendance analysis and consultancy services provided by AttendTrack, including data analysis, report preparation, strategic recommendations, and any related deliverables as described in the engagement scope.
• 'Engagement' means the agreed scope of analysis work commissioned by the Client, as confirmed following the discovery call. Each engagement is governed by these Terms.
• 'Deliverables' means all reports, documents, evidence packs, intervention strategies, and other materials produced as part of an engagement.
• 'Client Data' means all data provided by the Client for the purposes of the engagement, including pupil attendance records, demographic information, and any other school data.
• 'Working Day' means any day Monday to Friday, excluding UK public holidays.

3. Scope of Services

3.1 What We Provide

AttendTrack provides professional attendance analysis consultancy services. Depending on the engagement package, these may include:

• AI-powered analysis of attendance data provided by the Client
• Professional branded attendance intelligence reports
• Risk-scored student identification and pattern analysis
• Intervention recommendations and action plans
• Ofsted-Ready Evidence Packs (The Complete Strategy package)
• Vulnerable groups analysis and national benchmarking
• Follow-up consultations and implementation support

The specific deliverables for each engagement are determined by the package selected and agreed during the discovery call.

3.2 Engagement Packages

We offer two core engagement packages, detailed on our Services page:

• The Intelligence Report — Comprehensive attendance analysis with a professional PDF report and findings call. Turnaround: 5 Working Days.
• The Complete Strategy — Everything in The Intelligence Report plus Ofsted-Ready Evidence Pack, multi-year analysis, customised intervention strategy, and 6-week follow-up. Turnaround: 10 Working Days.
• Trust Comparison Add-On — Per-school analysis with cross-school benchmarking for Multi-Academy Trusts.

3.3 How We Work

Each engagement follows a clear process:

• Discovery Call — A free introductory call to understand your needs and agree the engagement scope.
• Data Submission — You provide a CSV export of attendance data from your MIS. We provide clear instructions for the export.
• Analysis — Our team analyses the data using AI-powered tools and expert review.
• Report Delivery — We deliver the agreed Deliverables within the stated turnaround time.
• Findings Call — A call to walk through the key findings and recommendations.

3.4 Turnaround Times

Turnaround times begin when we have received complete and usable Client Data. If the data requires clarification or resubmission, the turnaround period resets from receipt of the corrected data. We will notify you promptly if data issues are identified.

4. Nature of Advice and Limitations

4.1 Advisory Nature

All analysis, insights, recommendations, and intervention strategies provided through the Services represent our professional assessment based on the data you provide. They are intended as decision-support tools to help your leadership team make informed choices.

4.2 No Guaranteed Outcomes

We do not and cannot guarantee specific attendance outcomes, Ofsted grades, or any other measurable result from following our recommendations. Attendance improvement depends on many factors including school culture, family circumstances, external agencies, and consistent implementation — factors outside our control.

4.3 Client Responsibility

The Client retains full responsibility for:

• All safeguarding decisions and statutory obligations
• The accuracy and completeness of Client Data provided for analysis
• All attendance intervention decisions and their implementation
• Compliance with DfE guidance, local authority requirements, and regulatory frameworks
• Communication with parents, carers, and external agencies
• Decisions regarding individual pupil attendance management

4.4 Data Accuracy

Our analysis is only as accurate as the data provided. We do not independently verify Client Data and cannot be held responsible for conclusions drawn from inaccurate, incomplete, or outdated data. The Client warrants that all data provided is accurate to the best of their knowledge.

4.5 Ofsted Evidence Pack Disclaimer

Where the engagement includes an Ofsted-Ready Evidence Pack, this is provided to assist with inspection preparation. It does not guarantee any particular inspection outcome. The Client should review all materials for accuracy and context before presenting them to inspectors. AttendTrack is not responsible for how inspectors interpret or weigh the evidence provided.

5. Fees and Payment

5.1 Engagement Fees

Fees for the Services are agreed on a per-engagement basis. Current pricing is available at attendtrack.co.uk/services. All fees are quoted in pounds sterling (GBP) and are exclusive of VAT where applicable.

5.2 Payment Terms

Full payment is due upon commissioning the engagement, prior to submission of Client Data. Invoices are payable within 30 days of issue. For Trust Comparison engagements, we may agree staged payment terms.

5.3 Price Changes

We reserve the right to amend our published pricing at any time. Fees agreed for a commissioned engagement will not change once confirmed. Updated pricing applies only to new engagements.

5.4 Late Payment

If payment remains outstanding after 14 days past the due date, we reserve the right to suspend work on the engagement and withhold delivery of Deliverables until payment is received. Late payment interest may be charged at 4% above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

5.5 VAT

All prices are exclusive of VAT. VAT will be charged at the applicable UK rate where required by law.

6. Cancellation and Refunds

6.1 Cancellation Before Data Submission

If the Client cancels an engagement before submitting Client Data, a full refund will be provided.

6.2 Cancellation After Data Submission

If the Client cancels after data has been submitted and analysis has begun, a proportionate fee will be charged for work already completed. The remaining balance will be refunded within 14 Working Days.

6.3 Cancellation by AttendTrack

We reserve the right to decline or cancel an engagement if:

• The Client Data provided is insufficient, unusable, or cannot be analysed meaningfully
• The Client is in material breach of these Terms
• The Client fails to make payment within the agreed terms
• We are required to do so by law or regulatory authority

In the event of cancellation by AttendTrack, a proportionate refund will be provided for any undelivered Services.

6.4 Dissatisfaction

If the Client is dissatisfied with the Deliverables, we ask that concerns are raised within 14 days of delivery. We will work in good faith to address reasonable concerns, which may include clarifying findings, re-running specific analyses, or providing additional context. This does not constitute a right to unlimited revisions.

7. Data Protection

The processing of personal data through the Services is governed by our Data Processing Agreement, which forms a separate but integral part of the agreement. By commissioning an engagement, the Client confirms that it has read and agreed to the Data Processing Agreement.

In summary:

• The Client acts as the Data Controller in respect of all pupil personal data provided
• AttendTrack acts as a Data Processor, processing data only for the agreed engagement purpose
• Client Data is securely deleted within 30 days of report delivery
• Both parties agree to comply with UK GDPR and the Data Protection Act 2018

8. Intellectual Property

8.1 Our Intellectual Property

All intellectual property rights in our methodology, analysis tools, AI models, report templates, and branding remain the exclusive property of Edvance Technologies Ltd. Nothing in these Terms grants the Client any rights in our tools or methodology.

8.2 Deliverables

Upon receipt of full payment, the Client receives a non-exclusive licence to use the Deliverables internally for the school's own educational and administrative purposes. Deliverables may be shared with governors, inspectors, local authority representatives, and MAT boards as appropriate. Deliverables may not be resold, published publicly, or provided to third parties for commercial purposes.

8.3 Client Data

The Client retains ownership of all Client Data. By providing data for analysis, the Client grants AttendTrack a limited, non-exclusive licence to process Client Data solely for the purpose of delivering the agreed Services.

9. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the engagement. Neither party shall disclose the other's confidential information to any third party without prior written consent, except as required by law, regulation, or Ofsted inspection.

AttendTrack may reference the fact that the Client has used our services in marketing materials (e.g., “trusted by X schools”), but will not disclose specific findings, data, or report content without written consent.

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that:

• We will perform the Services with reasonable skill and care consistent with generally accepted professional standards
• We will comply with all applicable laws in the provision of the Services
• Our analysis will be conducted honestly and in good faith
• Deliverables will be based on genuine analysis of Client Data provided

10.2 Disclaimers

Except as expressly set out in these Terms, the Services are provided 'as is' and we make no warranties, express or implied, regarding:

• The accuracy of AI-generated insights where they depend on the quality of Client Data — our analysis is only as good as the data provided
• Any specific attendance outcomes, Ofsted grades, or measurable improvements resulting from our recommendations
• The suitability of our recommendations for the Client's specific circumstances — recommendations are based on data analysis, not first-hand knowledge of the school

11. Limitation of Liability

11.1 Limitation

To the fullest extent permitted by applicable law, AttendTrack's total liability under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by the Client for the specific engagement giving rise to the claim.

11.2 Excluded Losses

AttendTrack shall not be liable for:

• Loss of profits, revenue, or anticipated savings
• Any loss arising from the Client's implementation (or failure to implement) our recommendations
• Indirect, consequential, or special loss of any kind
• Any loss arising from the Client's failure to comply with its own statutory obligations
• Ofsted outcomes or any regulatory consequences
• Losses arising from inaccurate or incomplete Client Data

11.3 Exceptions

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.

12. Indemnity

The Client agrees to indemnify and hold harmless AttendTrack from and against any claims, losses, damages, costs, and expenses (including reasonable legal fees) arising from:

• The Client's breach of these Terms
• The provision of inaccurate, incomplete, or misleading Client Data
• The Client's implementation of recommendations in a manner that was not intended or advised
• Any claim by a third party arising from the Client's failure to comply with its data protection obligations

13. Force Majeure

AttendTrack shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, pandemic, government action, internet or telecommunications failures, third-party infrastructure outages, or cyber attacks. In such circumstances, delivery timelines will be extended by a reasonable period.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

14.2 Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.

14.3 Informal Resolution

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute informally by notifying the other party in writing and allowing 30 days for good-faith resolution discussions.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements and representations.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

A failure or delay by either party to exercise any right under these Terms shall not constitute a waiver of that right.

15.4 Assignment

The Client may not assign or transfer any of its rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor business without notice.

15.5 Notices

All notices under these Terms shall be in writing and sent by email to the address provided at the time of commissioning, or to [email protected] in the case of notices to AttendTrack.

15.6 Amendments

We reserve the right to amend these Terms at any time. Changes will not apply to engagements already commissioned. Updated Terms apply to new engagements only.

16. Contact

For any questions regarding these Terms of Engagement, please contact: