Public Institution Addendum — New Hampshire

Last updated: November 1, 2026

This Addendum changes the Holon Terms of Service for public colleges and universities in New Hampshire. It applies automatically, with nothing to sign. If your institution wants a signed copy for its records, use the signature block at the end.

1. Who this applies to

This Addendum applies to any public college, university, community college, technical college, or public system of higher education established or funded under the laws of the State of New Hampshire, together with its governing board (the “Institution”), that buys or uses Holon Services. Where this Addendum conflicts with the Terms of Service, this Addendum controls.

2. Governing law and venue

The Terms of Service and this Addendum are governed by the laws of the State of New Hampshire, without regard to conflict-of-law principles. Any dispute will be heard in the forum that the laws of the State of New Hampshire require for claims against the Institution. If no particular forum is required, it will be heard in the state or federal courts located in New Hampshire.

3. No arbitration

The binding-arbitration provision in Section 14 of the Terms of Service does not apply to the Institution. Nothing in the Terms requires the Institution to arbitrate any dispute.

4. Sovereign immunity

Nothing in the Terms of Service or this Addendum waives or limits any immunity, defense, or limitation of liability available to the Institution, its governing board, or its officers and employees under the constitution or laws of the State of New Hampshire or of the United States.

5. Indemnification

Section 11 of the Terms of Service (indemnification by the Customer) does not apply to the Institution. The Institution is responsible for its own acts and omissions only to the extent the laws of the State of New Hampshire permit.

Holon will defend and indemnify the Institution and its governing board, officers, and employees against third-party claims to the extent they arise from (a) Holon’s negligence or willful misconduct, or (b) a claim that the Services infringe a United States patent, copyright, or trademark. The limitation of liability in Section 10 of the Terms of Service does not apply to these obligations. Where the laws of the State of New Hampshire reserve the defense of the Institution to its attorney general or counsel, Holon will cooperate with that counsel and bear the reasonable costs of the defense instead of controlling it.

6. Public records

Holon understands that the Institution is subject to the public records laws of the State of New Hampshire. The Institution may disclose the Terms of Service, this Addendum, pricing, invoices, and any other records as those laws require. No confidentiality obligation in the Terms prevents a disclosure required by law. Student education records remain protected under Section 7 of the Terms and the Data Processing Addendum.

7. Payment

• The Institution may pay by card at purchase, or by purchase order and invoice. Holon does not require a deposit or prepayment from an Institution paying by purchase order.
• Invoices are payable within 30 days of receipt, or within any longer period set by the prompt-payment laws of the State of New Hampshire. Holon will not charge late fees or interest except as those laws allow.
• Holon will not charge sales or use tax to an Institution that provides a valid exemption certificate.
• Each party bears its own attorneys’ fees and costs in any dispute.

8. Term, renewal, and funding

• Each license runs for the annual term purchased. It does not renew without the Institution’s affirmative purchase or written approval.
• If the funds needed to continue a license are not appropriated or otherwise made available to the Institution for a later fiscal period, the Institution may end the license at the close of the funded period without penalty by giving Holon written notice.

9. Student data

Holon acts as a “school official” with a legitimate educational interest under FERPA (20 U.S.C. § 1232g) and handles Institution data as described in the Data Processing Addendum. Holon will also comply with any student data privacy law of the State of New Hampshire that applies to the Services.

10. Order of precedence

If documents conflict, they control in this order:

1. Any written agreement or addendum signed by both the Institution and Holon.
2. This Addendum.
3. The Data Processing Addendum.
4. The Terms of Service.

Terms printed on a purchase order do not override this list unless Holon accepts them in writing.

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