A continuous multi-year programme of customer driven innovation, designed to add-value to your investment in SIMS. Discover the next generation of school MIS.

Customers who did not meet deadline for the 6-month break clause - (ESS003)

Published 29 July 2022

A small number of customers who were refused break clauses on the grounds that they failed to apply for the break clause offer and/or to accept their Annual Entitlement (AE) quotation, by the 20th February 2022 deadline appealed ESS’ decision. The appeals process was rigorous and fair, and a third of appeals were accepted.

None-the-less, as a gesture of goodwill, ESS has decided to offer a new 9-month break clause offer to any customer who accepted an AE quotation on or before 31st March 2022 and who also applied for the 6-month break clause offer by this date but were refused a break clause because they failed to apply for the break clause offer, or they failed to accept their AE quotation, by the 20th February 2022 deadline.

If you qualify for this offer, to apply please email us at break@educationsoftwaresolutions.co.uk before 30th September 2022, sending your email from the email address which you used to accept your AE agreement.

Your email should include "ESS003 - Further Conditional Break Clause Offer", your school's name, postcode, DfE number and the quotation number of the AE agreements for which you wish to request the break clause right.

The 9-month break clause will only be capable of being exercised between 30 and 90 days prior to the break clause date. You will only be offered the opportunity to terminate the entire AE agreement that is covered by the quotation number you supply. Partial termination will not be permitted.

If you terminate your AE agreement using the 9-month break clause right and subsequently request to recontract for some of the services provided under that agreement, ESS reserves the right to amend its charges to take account of the reduction in scope.

For perpetual licence holders the break clause right will be conditional upon your agreeing to terminate your SIMS and/or FMS perpetual licence from the break clause date (i.e., 9 months after the break clause is granted). Detailed break clause terms will be provided and will need to be accepted by customers for the break clause right to apply.