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Customers who did not request the 6-month break clause - (ESS002)

Published 3 August 2022

ESS is making available a 12-month break clause offer to any customer who has already entered into a standard 3-year AE agreement with ESS for core SIMS and/or FMS AE services commencing on 1st April 2022 and that was not subject to a 6-month break clause right, provided that the customer: 

(i) can provide objective evidence that:,

  1. at the time ESS made its 6-month break clause offer (being from 12th January 2022 to 20th February 2022), it had a clear intention to switch to an alternate supplier; and

  2. did not apply for the break clause because it reasonably concluded that it would be unable to switch to an alternative supplier in the time available for reasons outside its control; and

(ii) consequently, did not request the 6-month break clause.

By way of illustration, objective evidence of, for example, a clear intention to switch would include an email to ESS sent during the break clause offer period stating such an intention.

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 "ESS002 - Conditional Break Clause Offer", your school's name, postcode, DfE number and the quotation number of the AE agreement for which you wish to request the break clause right, together with the evidence that supports your application, which you should include objective evidence of both your intent to switch and your inability to switch in the time available.

If your evidence reasonably and objectively demonstrates that you meet the criteria set out above, ESS will offer you a 12-month break clause right from the date your application is finally determined. Any break clause right so offered will be conditional upon your having paid all your unpaid ESS invoices in full prior to the exercise of your break clause right.

For the avoidance of doubt, this offer is only open to schools who genuinely satisfied the above criteria at the time ESS made its break clause offer (being the dates above). If ESS, acting reasonably, has cause to suspect that a misrepresentation has been made in this regard ESS will not be able to accommodate your request.

The 12-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 12-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., 12 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.