Network Agreement for Children

NETWORK AGREEMENT FOR CHILDREN

Parties and Recitals

This Network Agreement for Children (the Agreement) is entered into between Provider Name: a network service provider responsible for delivery and supervision of networked child services, and Guardian or Organization Name: (collectively, the Parties).

WHEREAS, Provider operates a networked platform, program, or service designed for children’s participation and educational or developmental activities (the Services); and

WHEREAS, Guardian or Organization on behalf of the child participant seeks to enroll or permit participation of the identified child in the Services subject to the terms, obligations and protections set forth herein; and

NOW, THEREFORE, in consideration of the mutual covenants below, the Parties agree as follows.

Scope of Work

Provider shall deliver the Services as set out below. Provider shall exercise reasonable skill, care and supervision appropriate to services provided to children and shall maintain staff and monitoring protocols commensurate with the nature of the Services.

Child Participant Information

Payment Terms

Guardian shall pay Provider the fees specified below in consideration for the Services. All payments shall be made in U.S. currency unless otherwise agreed in writing.

Late payments will accrue a late fee as set forth below and may result in suspension of Services until payment is brought current.

Term and Termination

This Agreement commences on the Start Date and will continue through the End Date unless earlier terminated in accordance with this Section.

Start Date:    End Date:

Termination for cause may be immediate for material breach, safety concerns, or failure to pay. Upon termination, Provider will provide a final accounting of fees and, where appropriate, a pro rata refund for prepaid Services not yet delivered.

Confidentiality and Child Data Protection

For purposes of this Agreement, Confidential Information includes all non-public information concerning the child participant, guardian contact information, medical and educational records, access credentials, and any evaluations created in connection with the Services.

Provider shall: (a) use Confidential Information solely to perform the Services; (b) restrict access to only personnel with a demonstrated need and appropriate background screening; (c) implement and maintain reasonable administrative, technical and physical safeguards to protect Confidential Information; and (d) not disclose Confidential Information to third parties except as required by law or with prior written consent. Confidential Information does not include information that is or becomes publicly known through no breach by Provider or that was known to Provider prior to disclosure.

Parental Consent and Use of Network

Guardian represents and warrants that they have the legal right to enroll the child and to consent to the collection and processing of the child’s personal information as reasonably necessary for provision of the Services. Guardian grants Provider and its authorized personnel permission to collect, retain and use the child’s information for program administration, safety monitoring, and limited evaluation purposes, subject to the Confidentiality and Data Protection provisions herein.

Guardian acknowledges that Provider may monitor network activity for compliance and safety; recordings or logs retained for safety or training shall be treated as Confidential Information.

I consent to the collection and limited use of the child’s personal data as described above.

I acknowledge monitoring for safety and agree to Provider’s limited use of monitoring records for safety and program improvement.

Liability; Indemnification

Provider will perform Services with reasonable care. To the extent permitted by law, Guardian agrees to indemnify and hold harmless Provider and its officers, employees and agents from claims arising out of Guardian’s willful misconduct, failure to provide accurate information, or failure to supervise the child where such supervision is required by the Service description. Liability of Provider for direct damages shall be limited to amounts actually paid by Guardian to Provider under this Agreement during the six months preceding the claim; in no event shall Provider be liable for consequential or punitive damages.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

Entire Agreement; Amendment

This Agreement, including all attachments expressly incorporated herein, constitutes the entire understanding between the Parties concerning the subject matter and supersedes all prior agreements, whether written or oral. No amendment or waiver shall be effective unless in writing and signed by both Parties.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and the Parties shall reform the invalid provision to reflect the Parties’ intent. Notices required under this Agreement shall be in writing and delivered to the addresses on record.

Acknowledgment

By signing below, the Parties acknowledge that they have read, understand and agree to be bound by the terms of this Agreement and that the signer for Guardian represents that they are authorized to consent on behalf of the child participant.

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