General conditions of the provision of our service linked to the teaching and assessment of the level of languages
These general conditions (hereinafter, the "Conditions") are part of the Collaboration Agreement (hereinafter, the "Collaboration Agreement" together with the Conditions will be called "Agreement") established between an Exam Center and ExamenExam.com (forming each a "Party" and together being the "Parties" of this Agreement).
1. DEFINITIONS
In addition to the terms that will be defined in this Agreement, the following definitions will apply, unless expressly stated otherwise:
- "We Match the Price" means that ExamenExam.com (under this name or a similar one) guarantees the best price for the provision of the service and that there is no lower price online for it and under the same conditions of Enrollment and dates.
- “ExamenExam.com Platform” refers to the ExamenExam.com web page or pages, applications, tools, platforms and / or other devices on which the Service is offered.
- “Platforms” refers to the web page or pages, applications, tools, and / or other devices of ExamenExam.com in which the Service is available.
- "Student" is the visitor to the Platforms or the Student of the Examination Center.
- "Exam Fee" indicates the total amount to be paid by the student to have the right to take the exam, while the "Online Enrollment Fee" corresponds to a percentage of the Exam Fee for access to exam rights through the enrollment of the student on the Platforms.
- "Student Service" identifies the Student Service of ExamenExam.com, which can be accessed through the address info@examenexam.com or another address indicated in this Agreement.
- "Data controller" refers to a natural or legal person who independently or in conjunction with others determines the purposes and means of processing Personal Data.
- “Extranet” is the online system that the Exam Center can access (after indicating your username and password) through the website examenexam.com/ to update, make changes, verify and correct the Information of the Exam Center. Exam and exam sessions with their registration for the different exams (which include their corresponding fees).
- "Cause of force majeure" refers to any of the following causes that can affect multiple Students and Exam Center: force majeure, volcanic eruptions, natural disasters, fires, acts of war, hostilities or any local or national emergency situation, invasion, compliance with any order or request by national, provincial, port or other public authorities, government regulation or intervention, military action, civil war or terrorism, explosions (biological, chemical or nuclear), rebellion, riots, insurrection, civil disorder, (or material or substantial threat or fear justified by any of the above cases), cessation of transport services, airport closure or any other situation,exceptional and catastrophic circumstance or emergency that prevents the Student from traveling or staying at the Examination Center.
- “Intellectual property rights” are patents, copyrights, inventions, rights to designs and databases, registered designs, trademarks, trade names, registered trademarks, logos, service marks, know-how, models, designs not registered or, if relevant, the applications of said rights, know-how, trademarks or trade names, domains (under any extension, for example: .nl, .fr, .eu, etc.) or other similar rights or obligations are or unregistered, or other intellectual or industrial property, rights existing in other territories or jurisdictions of the world.
- "Marketed online" refers to online marketing to the general public by any means, including mobile applications. This definition excludes private e-mails, SMS and instant messaging communications that are not intended for the general public.
- “OTA” refers to any online Enrollment service that is not controlled, directly or indirectly, by the Exam Center or the chain (whether integrated or not) to which said Exam Center belongs.
- “Personal data” refers to any information relating to an identified or identifiable natural person (including Student Data and credit card data).
- "Published online" means that it is made available to the general public by any online means, including mobile applications. In the case of rates, the publication includes the sample of the final rates or with sufficient information for the consumer to calculate the rates correctly (for example, discount of xx%, yy € discount).
- "Service" refers to the activity developed by ExamenExam.com linked directly to the provision of services directly related to education, focused on information and registration of exams by making available to students a computerized procedure for the entire processing of the online registration process at the Exam Center.
- “System” refers to the system (XML) that the Exam Center can access to use and utilize the services, functionalities and management of the Exam Center on the Platform.
- "Unpublished" means without being published online.
OBLIGATIONS OF THE EXAMINATION CENTER
2.1 Exam Center Information
2.1.1 The information provided by the Examination Center to appear on the Platforms will include data related to the center as a place of examination (images, photographs and descriptions), its facilities and services, the available calls for Enrollment, precise data on the dates and the fees (including all applicable taxes, fees and supplements), the conditions of availability of places, and other conditions and restrictions (hereinafter, the “Exam Center Information”). It will comply with the formats and standards set by ExamenExam.com. ExamenExam.com reserves the right to edit or delete incorrect data, incomplete information or information that violates the terms and conditions of this Agreement. ExamenExam.com also reserves the right to establish the criteria to determine the content and information that can be published on the web platform and in the corresponding Apps in order to guarantee the proper functioning of the platform and the enrollment of students through them. ExamenExam.com has the right to modify or edit the information published on the platform to achieve these purposes.
2.1.2 The Examination Center guarantees that the Information of the center is true, correct and not misleading. The Exam Center is responsible for correcting and updating the Information of the Exam Center, including the additional availability of calls for some extraordinary periods or events (important changes). The Examination Center will update the Information (or more frequently, if necessary) and will change the number or type of calls available via email with the person in charge of the examenexam.com platform (i).
2.1.3 The information provided by the Exam Center to appear on the Platforms is the exclusive property of the Exam Center. ExamenExam.com will edit or modify this information and translate it into other languages; These translations are the exclusive property of ExamenExam.com.
2.1.4 Unless ExamenExam.com indicates otherwise, all changes, updates and / or corrections of the Information of the Exam Center (including fees, availability and calls) will be made directly by the Online Exam Center, using the Extranet or other forms indicated by ExamenExam.com. ExamExam.com will process updates and changes to images, photos and descriptions as soon as possible.
2.1.5 The center contracts with ExamenExam.com the function of taking care of the enrollment of students in the exams. Thus, the center requires ExamenExam.com to perform a directly related, necessary activity that is part of the regular development of the educational services provided by the center. In this case, the center is hiring a third party for the provision of services and goods deliveries directly related to the educational and teaching services that this center develops. ExamenExam.com becomes part of the educational and teaching activities carried out by the center.
2.2 Parity
2.2.1 The Exam Center through ExamenExam.com will establish Parity in Rates and Conditions, except with prior agreement. “Parity in Rates and Conditions” refers to the same or better rates for the same Exam Center, the same dates, the same number of Students, the same or better articles and / or services.
The Parity in Rates and Conditions does not apply with respect to rates and conditions:
- offered on any other OTA;
- offered in offline channels, understanding that these exam fees do not appear published online or marketed online; I
- Unpublished, understanding that these exam fees do not appear Marketed online.
2.2.2 The restrictions and conditions (including price) of the calls available for enrollment on the ExamExam.com Platform must comply at all times with Clause 2.2.1 and make sense for all parties involved (including consumers) .
2.2.3 ExamenExam.com will have the right to provide on its own a discount in the price of the call, which may not exceed the amount of the Online Enrollment Fee (see 2.3).
2.2.4 Within the limits of this Agreement and subject in any case to the Clause, the Exam Center undertakes to provide, for each calendar date (subject to availability), some availability for all calls or all types of calls and The Exam Center is encouraged to grant ExamenExam.com equitable access to all exams and all types of exams (including various policies and restrictions).
2.3 Online registration fee
2.3.1 For each Enrollment made on the Platforms, the Exam Center will pay ExamenExam.com an Online Enrollment Fee (hereinafter, the “TMO”) calculated in accordance with Clause 2.3.2. Payment will be made in accordance with clause 2.4.
2.3.2. The TMO will consist of a percentage that will be applied based on the Final Rate of each registration made for each exam until the close of the online registration period established by the Exam Center for said call. This percentage may vary. Another fixed amount agreed with the Examination Center may also be established.
2.3.3 Unless otherwise specified, the rate shown to the Student on the Platforms includes sales taxes, surcharges, or other taxes (national, governmental, state, municipal or local); to the extent such additional taxes, fees or charges can be calculated in advance without further information.
2.3.4 In the event that, according to the amendment or entry into force of laws, regulations and legislation applicable to the Examination Center, the rates must appear with VAT, sales taxes or other taxes (national, governmental, state, municipal or local) , the Exam Center will adjust its rates through the Extranet in accordance with the terms of Clauses 2.1.2 and 2.1.4 as soon as possible, but always 5 business days after (i) the amendment or entry into force of laws, regulations and legislation in this regard, or (ii) to the notification of ExamenExam.com of the same.
2.3.5 The Extranet at all times shows the data of all the registrations made in the Exam Center through the Platforms, as well as the corresponding fees for each of them.
2.4 Payment
The Online Enrollment Fee (TMO) will be billed by ExamenExam.com to the Examination Center at the end of the online registration period established by the Examination Center (except for cancellations without charges made through ExamenExam.com and according to the cancellation conditions of the Exam Center) in accordance with the following terms:
(a) TMO invoices will be processed at the end of the online registration period established by the Examination Center for each exam.
(b) Once the term has expired, the invoices will be sent by email / email to the Examination Center from the corresponding email of ExamenExam.com
(c) The amount of the TMO will be calculated on the basis of the total amount charged for the total of the registrations made for that call.
(d) ExamenExam.com will be charged the TMO at the time of completion of the online registration period for each call, by means of the existing deposit of the Facilitated Payment of the total amount of registration fees for the call.
(e) All payments related to TMOs that are made by virtue of this Agreement will be made for the full amount, free of encumbrances and without deduction by the center of any tax, import tax, duties, royalties, fees and withholdings of any nature, now or imposed later by any governmental, fiscal or other authority procedure.
(f) If the Exam Center is obliged to make any deduction or withholding, it must pay ExamenExam.com the additional amounts that are necessary to guarantee ExamenExam.com full receipt of the amount that appears on the invoice that ExamenExam.com would have. received, but for deduction. The Exam Center is legally responsible for the payment and delivery of any fees, taxes, import fees, duties, royalties, fees, and withholdings on the total TMO payment that the Exam Center must send to ExamExam.com.
2.4.2 The Examination Center is responsible for tax withholdings and the payment of taxes and fees that are applied to the Fee, in accordance with the relevant tax regulations and the requests and mode of operation of the tax authorities. The Examination Center will assume and be responsible for the payment and delivery of the taxes that apply to (the payments of) the Rate and the interests and penalties related to the late payments established by the tax authorities for not assuming or paying the taxes applicable to rate. If applicable, the Examination Center will be solely responsible for negotiating and agreeing with the relevant tax authorities on the taxes applicable to (payments of) the Fee. The Exam Center will provide to ExamenExam.com, upon request from ExamenExam.com, copies (photographed / scanned) of the certificates of payment or exemption of taxes of each shipment of the Rate. The Examination Center ensures that it is properly registered with all relevant tax bodies (including (local) tax regulatory bodies).
2.4.3 In case of conflict between ExamExam.com and the Exam Center (for example, for the amount of the Fee), the unquestionable amounts of the TMO will be paid in accordance with the terms of this Agreement, regardless of the status or nature of said conflict.
2.5 Enrollment, Student Enrollment, Complaints and We Match the Price
2.5.1 The Exam Center receives a confirmation for each of the enrollments that the Students make on the Platform whose Enrollment data is made up of: the type of call, the exam fee, the Student's name and surname, and the address and contact details (collectively, "Student Data") and other special requests that the Student may request. ExamenExam.com is not responsible for the correctness and completeness of the dates and information provided by the Students. To avoid doubts, the Examination Center will consult and verify frequently (at least, daily) the status of the registrations made on the Extranet.
2.5.2 When registering through the Platforms, a direct contract (and therefore, a legal link) is established between the Exam Center and the Student (hereinafter, the “Student Registration”).
2.5.3 The Exam Center is obliged to accept the Student as its contractual party and to manage their Enrollment online in accordance with the Exam Center Information (including fees) that appears on the Platforms, at the time the Enrollment is made, and in the confirmation of the Enrollment, including the additional information and / or special requests of the Student.
2.5.4 In addition to the supplements, extras and charges specified in the confirmed Enrollment, the Exam Center may not charge the Student any management or administration fee, or charges for using a specific online Enrollment process.
2.5.5 Complaints and claims regarding the Exam Center (products or services offered by it) or specific requests from Students will be dealt with by the Exam Center, without mediation or interference from ExamExam.com. ExamenExam.com denies any responsibility related to such claims. ExamenExam.com may at any time and according to its own criteria (a) offer service and support to the Student, (b) act as a link between the Exam Center -because its activity depends on it- and the Student, (c) provide, at the expense of the Exam Center, an alternative Exam Center of an equal or higher level in the event of cancellation or other material irregularities or complaints in relation to the Exam Center, or (d) assist a Student in communicating with the Exam Center.
2.5.6 In case of claims related to We Match the Price, ExamenExam.com, in case you have the right to Parity of Rates and Conditions, will immediately notify the Exam Center of said claim and provide the Exam Center with the same data . In the event that ExamenExam.com is entitled to Parity of Rates and Conditions, the Exam Center will immediately correct -to the extent possible- the rate (s) available on the ExamenExam.com Platform, so that the lower price on subsequent registrations. In addition, the Exam Center will immediately adjust the Enrollment rate of the respective Student.
2.6 Cancellations
2.6.1 The Exam Center is not authorized to cancel registrations online. At the end of the business period for online registration of a call, the exam center has a period of 48 hours to validate or cancel the call, failing that, the call will be understood as validated.
2.6.2 The Exam Center cannot cancel the calls before the end of the enrollment period if they already have enrolled, the Extranet will not allow it, in case it cannot comply with the obligations of this Agreement, it will immediately inform ExamenExam.com through Customer Service (info@examenexam.com; putting "Cancellation" in the subject section of the email).
2.6.3 The Exam Center that intends to cancel one or more calls will do everything possible to provide an alternative Exam Center to students already enrolled of equal or higher quality in charge of the same and, in case there are no calls available for the dates selected by the students, the Test Center:
(a) will find an alternative Exam Center with the same or better conditions offering the closest available dates to those selected by the students, will agree with the Alternative Exam Center on the relevant economic conditions, and will provide free private transportation for students who do so request;
(b) The Exam Center assumes all the costs of the new session and any extra expenses incurred by the student due to the change of center. The Examination Center will reimburse the corresponding amount and must compensate those affected by the cancellation.
2.6.4 If the provisions of clause 2.6.3 are not possible, the Exam Center in agreement with Examenexam.com will cancel the call and Examenexam.com will refund the student the full amount paid, without the parties having anything to claim. .
2.6.5 If the Exam Center validates a call and subsequently wishes to cancel the call, it will endeavor to comply with the provisions of clause 2.6.3. If this is not possible, it will notify Examenexam.com of the cancellation and the reasons that support it, and the Exam Center will proceed to reimburse students of all fees paid and the payment to ExamenExam.com of the electronic enrollment fees for the exams canceled due to expenses incurred in the validated process.
2.6.6 Cancellations made by the Student (i) before the end of the enrollment period, will entail a refund by ExamenExam.com of the Fee, although (ii) after the end of said term, ExamenExam.com does not allow cancellations by the Student, as agreed in the Enrollment with the User in their Legal Conditions Agreement.
2.7 Cause of force majeure
In the event of force majeure, the Examination Center will not charge (and must reimburse, if necessary) the candidates affected by the force majeure the fees, costs and any other expenses derived from their failure to take the exam, the modification of the Enrollment or its cancellation, (i) in the event that the candidates cancel or modify the Enrollment or (ii) in the event that part of the exam could not be held and had to be repeated or postponed due to force majeure. In case of reasonable and justified doubt, the Examination Center may request the Student to prove the causality between the cause of force majeure and the non-presentation for the examination, cancellation or modification of the Enrollment. For ExamenExam.com to register cancellations and modifications of registration in case of force majeure, The Exam Center will inform ExamenExam.com via email as soon as possible. ExamenExam.com will not receive online registration fees for non-presentation of the exam, cancellation or modification of the Registration due to force majeure.
2.8 Data privacy, messaging and use of services
The Company understands and agrees that the ExamenExam.com Messaging and Data Privacy Guidelines apply and that they constitute an integral part of this Agreement. Annex 1 of this document sets out the Data Privacy Guidelines and the ExamenExam.com messaging service.
3. LICENSES
3.1 The Exam Center hereby grants ExamenExam.com international, non-exclusive, and copyright-free rights and licenses (or sub-licenses) to:
(a) use, reproduce, distribute, communicate and facilitate in any way and display the elements belonging to the Intellectual Property Rights of the Exam Center, as the Exam Center involved in this Agreement provides them to ExamenExam.com so that can exercise your rights and comply with the obligations indicated in this Agreement;
(b) use, reproduce, have reproduced, process, distribute, sublicense, publish and use (without limits of action, modification, adaptation, communication, reproduction, copy and other forms of publication) the Information of the Examination Center.
3.2 ExamenExam.com may sublicense, facilitate, display and offer the Information of the Exam Center (including Intellectual Property Rights) and the special offers that the Exam Center has indicated on the Platforms or in collaboration with (the web page or pages , applications, tools, platforms and / or other devices of) the affiliated companies and / or third parties (hereinafter, the "Third Party Platforms").
3.3 In no case ExamenExam.com is responsible for the acts or omissions of the Exam Center on third-party Platforms. The Exam Center may request ExamenExam.com (which has the right and not the obligation) to (i) deactivate and disconnect the Exam Center from said third-party Platforms; or (ii) remove the Test Center (including Test Center Information) from said Platform, or terminate this Agreement, in accordance with the terms thereof.
4. RANKING, CUSTOMER COMMENTS, MARKETING AND FACILITATED PAYMENT MODEL
4.1 Ranking
4.1.1 ExamenExam.com automatically and unilaterally determines the order of classification of the Exam Center that appears on the Platforms (hereinafter, the “Ranking”). This Ranking is based on several factors, including, the variety of calls offered by the Exam Center, the number of registrations compared to the number of visits to the respective page of the Exam Center on the Platform (hereinafter, the "Conversion" ), the greater or lesser availability of places, the rate of cancellations, the score of the Students in their comments, the history of service to the Student as well as the number and type of complaints of the Students, among others.
4.2 Student Comments
4.2.1 Through ExamenExam.com the Students who have been examined in the Examination Center will be invited to comment on their examination in the Examination Center and to rate the different aspects of it.
4.2.2 ExamenExam.com reserves the right to publish such comments and scores on the Platforms. The Exam Center agrees that ExamExam.com is a distributor (without any obligation to verify) and not a publisher of these reviews.
4.2.3 ExamenExam.com undertakes to do everything possible to monitor and review the comments of Students to avoid obscenities or mention proper names. ExamenExam.com reserves the right to reject, or eliminate unfavorable comments in case they include obscenities or proper names are mentioned.
4.2.4 ExamExam.com will not participate in discussions, negotiations or allegations with the Exam Center regarding (the content or consequences of the publication or distribution of) Student comments.
4.2.5 ExamenExam.com does not have and denies all responsibility for the content and consequences (and the publication or distribution) of the comments.
4.2.6 Student comments are for the exclusive use of ExamenExam.com and ExamenExam.com may make them available on its Platforms during certain periods of time. ExamExam.com exclusively owns all property rights, titles and interests in and of (all intellectual property rights of) Student comments.
4.3 Online Pay Per Click (PPC) Marketing and Advertising
4.3.1 ExamExam.com has the right to promote the Exam Center using its name (s) in online marketing actions, including email marketing and / or pay per click (PPC) advertising.
4.3.2 The Exam Center knows how search engines work, such as content spidering and URL rankings. ExamenExam.com accepts that if the Exam Center detects any action on the part of the Third Party Platforms that infringes its Intellectual Property Rights, it will notify ExamenExam.com in writing. ExamenExam.com undertakes to do everything possible for the respective third parties to correct said infringement.
4.3.3 The Exam Center agrees not to use, publish, benefit from, include, utilize, refer to or specifically target the ExamenExam.com brand / logo (including brand name, trade name, service mark or other source or indication of similar identification) either directly through keyword purchases that use the Intellectual Property Rights of ExamenExam.com, with the objective of comparing prices (either on the Exam Center platform or on any platform, system, motor or other third parties), unless approved by ExamenExam.com in writing. The Exam Center will not use or create (directly or indirectly) any advertisements (pay per click,
4.4 Facilitated Payment
4.4.1 The Exam Center agrees and accepts that ExamenExam.com, (always as an agent) from time to time and in certain jurisdictions and for some Exam Centers, provides some payment methods (managed by ExamenExam.com or another third party part) for the (pre) payment (in advance) of the Price of the Call (as defined below) by the Students to the Examination Center according to which (depending on availability) bank transfers, credit card payments can be made and processed credit and other forms of online payment (through full and complete payment settlement) for and on behalf of the Exam Center (the “Facilitated Payment”). ExamenExam.com may from time to time contract with a third party to facilitate and process the payment (the “Payment Processor”). The Facilitated Payment service is offered free of charge.
4.4.2 The Exam Center agrees and accepts that for each Enrollment, the corresponding total amount of Enrollment (including all applicable taxes, supplements, extra charges and additional services included during the Enrollment process) which is published in the platform will be charged and processed by the Payment Processor (the corresponding amount that we define "Final Rate") in accordance with the corresponding payment policy of the Exam Center for said Enrollment and published on the Platform.
4.4.3 The Exam Center agrees and accepts that ExamenExam.com will use the Facilitated Payment for (i) the (pre) payment (of a deposit) of the Price of the call by the Student to the Exam Center through the Payment processor, in the final settlement of said payment and (ii) the settlement and payment of (a) the pending and due online enrollment fee by offsetting the fees pending and owed for the enrollments that have been paid in accordance with Clause 4.4, and (b) ExamenExam.com has the right to use the Payment provided to settle and offset any Online Enrollment Fee due to ExamenExam.com.
4.4.4 The Examination Center agrees and accepts that, in any case, it is responsible for the collections, reports, shipments, withholdings and payments to the relevant (fiscal) bodies (as appropriate) of taxes, (sub) charges , supplements and corresponding additional charges on the Price of the call (including the corresponding taxes, (sub) charges, supplements, amounts and additional charges not included in the Price of the call) and the transfer, retention and payment (as applicable) of the Taxes on the TMO to the pertinent fiscal organisms. Unless ExamenExam.com has indicated that certain Taxes, supplements, additional charges or other amounts are not included in the Price of the call (the "Items not included"), the Exam Center will not charge